Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-2 - Generally › Section 3796:6-2-02 - Applications to operate medical marijuana dispensaries

Current through all regulations passed and filed through July 1, 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.