Ohio Administrative Code
Title 3796:6 - Dispensaries
Chapter 3796:6-2 - Generally
Section 3796:6-2-02 - Applications to operate medical marijuana dispensaries
Universal Citation: OH Admin Code 3796:6-2-02
Current through all regulations passed and filed through September 16, 2024
(A) Only a provisional dispensary licensee who has obtained a certificate of operation from the state board of pharmacy may sell or dispense medical marijuana to qualifying patients and designated caregivers who are registered with the board.
(B) The board will not consider an incomplete application submitted in response to a request for applications issued pursuant to rule 3796:6-2-01 of the Administrative Code. To be considered complete, an application submission shall include all the following:
(1) The
completed payment of the relevant application
fee;
(2) An application on a form
in accordance with section
3796.10
of the Revised Code. The application shall include:
(a) The name of the
provisional dispensary applicant, as reflected in the articles of
incorporation or other documents filed with the secretary of state;
(b) The type of business organization of the
provisional dispensary applicant, such as
individual, corporation, partnership, limited-liability company, association or
cooperative, joint venture or any other business organization;
(c) Confirmation that the
provisional dispensary applicant has registered
with the Ohio secretary of state as the applicable type of business;
(d) A copy of the provisional dispensary applicant's articles of
incorporation, articles of organization or partnership or joint venture
document of the provisional dispensary
applicant;
(e) The physical address
where the proposed dispensary will be located;
(f)
The physical address of any co-owned or otherwise
affiliated marijuana entities, including both licensed and prospective
entities, including cultivators, processors, testing labs, dispensaries, or
applicants for any other such license or certificate;
(g)
The mailing address of the provisional dispensary
applicant;
(h) The telephone
number of the provisional dispensary
applicant;
(i) The electronic mail
address of the provisional dispensary applicant;
(j) Proof establishing that the
provisional dispensary applicant owns or controls
through a leasehold interest in all real property where marijuana will be
dispensed, or a signed, notarized statement from the owner of such real
property that the owner will grant a leasehold interest to the applicant if a
provisional dispensary license is issued
to the applicant;
(k) A professionally
prepared survey of
the area surrounding the prospective dispensary that establishes the facility
is at least five hundred feet from the boundaries of a parcel of real estate
having situated on it:
(i) A prohibited
facility, pursuant to section
3796.30
of the Revised Code; or
(ii)
An
opioid treatment program as defined in rule
4729:5-21-01
of the Administrative Code.
(l)
Notwithstanding
rule
3796:5-5-01
of the Administrative Code, five hundred feet will be measured using the
shortest distance between the closest point of the external boundaries of a
parcel of real estate having situated on it any facility described in paragraph
(B)(2)(k) of this rule and the external boundaries of the parcel on which the
prospective dispensary would be situated.
(m) Evidence that the
provisional dispensary applicant is in compliance
with all
local ordinances, rules, or regulations adopted by the locality
where
the provisional dispensary applicant's property
is located, which are in effect at the time of the application, including
copies of any required local registration, license, or
permit of the locality where the provisional dispensary applicant's property is
located.
(n)
the signature of
an
authorized natural person on behalf of the provisional
dispensary applicant as described in rule
3796:6-2-03
of the Administrative Code, attesting that the information provided to the
board in the application for a provisional
dispensary license is true and correct at the time of signing.
(3)
A tax
authorization form on behalf of the business, any owner as defined in rule
3796:6-2-03
of the Administrative Code, and any other associated key employee as determined
by the board of pharmacy.
(4)
Financial statements demonstrating the provisional
dispensary applicant has adequate liquid assets to cover all expenses and costs
identified in paragraphs (B)(8) and (B)(9) of this rule, but no less than two
hundred fifty thousand dollars, whichever is higher, for each license the
provisional dispensary applicant is willing to accept.
(a)
Such liquid assets shall be unencumbered and capable of
being converted to cash within thirty days after a request to liquidate such
assets. To demonstrate liquidity, the application shall include the
following:
(i)
Account statements dated no earlier than thirty days prior
to the date the application was submitted, from an institution in this state,
or any other state in the United States, United States territory, or the
District of Columbia.
(ii)
If the applicant is relying on money from an owner,
officer, or board member, evidence that the person has unconditionally
committed such money to the use of the provisional dispensary applicant in the
event that a dispensary license is awarded to the applicant.
(b)
The
use of funds from sources not disclosed in the application is prohibited unless
the applicant obtains approval from the board.
(5)
The description of the proposed organizational
structure of the provisional dispensary applicant, includingboth of the following:
(a) An organizational chart showing all
owners, officers, and board members of the provisional
dispensary applicant, irrespective of ownership
interest; and
(b) A list of all owners, officers and board
members of the provisional dispensary applicant that contains the following information for
each person:
(i) The current title of that person;
(ii)
The role the person
will serve in for the provisional dispensary applicant,
if different from the person's current title;
(iii)
Whether the person has served or is currently serving as an owner, officer or
board member for another marijuana
entity;
(iv) Whether the person has
previously had a dispensary employee license revoked, disciplined or the
equivalent thereof, in this state or any other jurisdiction;
(v) Whether a marijuana entity with which the owner,
officer, or board member is or was previously
associated has had a license revoked, disciplined or the equivalent thereof, in
this state or any other jurisdiction;
(vi) The ownership interest that person has
in the provisional dispensary applicant; and
(vii) Whether the person has an ownership
interest or financial interest in any other marijuana entity.
(6)
Each owner, officer and board member
of the provisional dispensary applicant must submit to a criminal records check in
accordance with rule
3796:6-2-07
of the Administrative Code.
(7)
Site-specific plans showing the interior and exterior
of the proposed medical marijuana dispensary, drawn to scale with square
footage clearly illustrated. The site-specific plans shall be prepared and
certified by the contractor or architect responsible for the project. The
site-specific plans shall include and identify all of the
following:
(a) The dispensary
department;
(b) Restricted access
areas;
(c)
Waiting room(s);
(d)
Patient care
areas or other areas designated for patient and caregiver consultation and
instruction;
(e)
An enclosed delivery bay or other equally secured
delivery area as approved by the board where medical marijuana deliveries will
be made pursuant to a standard operating procedure approved by the
board;
(f)
A day-storage area with pass-through
window(s);
(g)
A "mantrap" at any ingress/egress from the dispensary
department;
(h)
A vault in conformance with C.F.R. 1301.72(a)(3)
(6/30/2021) and in a location not visible to the public; and
(i)
Parking.
(8)
A site-specific
construction or renovation budget and schedule demonstrating the applicant will
commence dispensary operations in accordance with rule
3796:6-2-04
of the Administrative Code. The budget and schedule shall be prepared by the
contractor or architect responsible for the project.
(9)
A budget for the
proposed dispensary identifying the projected costs to staff, equip, and
operate the medical marijuana dispensary for the following time periods:
(a)
From an award of
the provisional dispensary license until the issuance of the certificate of
operation; and
(b)
From the issuance of the certificate of operation until
not less than four months after receipt of the certificate of
operation.
(10)
Any other documentation required by the board to
determine the provisional dispensary applicant's suitability for licensure or
to protect public health and safety.
(C) If any information contained in the application or accompanying documents changes after being submitted to the state board of pharmacy, the applicant shall immediately notify the state board of pharmacy in writing and provide corrected information within fourteen calendar days of the change.
(D) No application to operate a medical marijuana dispensary may be withdrawn without the approval of the state board of pharmacy. All requests to withdraw an application shall be submitted in writing. If the withdrawal of an application is granted due to a change in federal, state, or local rules or regulations that would prohibit the proposed dispensary from operating in compliance with representations made in the provisional dispensary applications, the provisional dispensary applicant for whom the withdrawal was granted shall be refunded any remitted application fees.
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