Ohio Administrative Code › Title 3796:2 - Cultivators › Chapter 3796:2-1 - Licensing; Certificates of Operation › Section 3796:2-1-09 - Cultivator marijuana cultivation area expansion

Current through all regulations passed and filed through July 1, 2024
(A)
								Beginning
			 September 9, 2018, the director or the director's designee, at his or her
			 discretion, may approve a marijuana cultivation area expansion of an existing
			 cultivator's facility, such that the approval of a proposed initial expansion
			 shall not result in a total marijuana cultivation area that exceeds fifty
			 thousand square feet for level I cultivators and six thousand square feet for
			 level II cultivators, based on cultivator compliance with licensure
			 requirements and other factors related to the program. The director, at his or
			 her discretion, may approve a subsequent expansion of an existing facility's
			 marijuana cultivation area of up to twenty-five thousand square feet for level
			 I cultivators and three thousand square feet for level II cultivators, based on
			 cultivator compliance with licensure requirements, if the population of the
			 state, number of patients seeking to use medical marijuana, and data from the
			 inventory tracking system regarding patient recommendations and patient usage
			 of medical marijuana support such expansion. In the event the director or the
			 director's designee approves both expansions of a facility's marijuana
			 cultivation area, the marijuana cultivation area shall not exceed seventy-five
			 thousand square feet for level I cultivators and nine thousand square feet for
			 level II cultivators.
(B)
								A cultivator seeking to expand its marijuana
			 cultivation area shall submit an expansion plan, which, at a minimum, shall
			 include the following:
(1)
									Include plans and specifications for the expansion or
			 alteration in accordance with rule
			 3796:2-1-02
			 of the Administrative Code that demonstrate compliance with the requirements of
			 the rules adopted by the board of building standards pursuant to Chapters 3781.
			 and 3791. of the Revised Code and the rules adopted by the state fire marshal
			 pursuant to sections 3737.82 and
			 3737.86 of the Revised
			 Code;
(2)
									Propose a timeline for completion of the proposed
			 expansion, which, if approved, will become a mandatory
			 condition;
(3)
									Demonstrate a history of compliance with Chapter 3796.
			 of the Revised Code and the rules promulgated in accordance with Chapter 3796.
			 of the Revised Code, which includes a history of enforcement actions and
			 sanctions issued by the department or law enforcement against the
			 cultivator;
(4)
									Provide supporting documentation that the cultivator
			 has consistently met the cultivation requirements under rule
			 3796:2-1-07
			 of the Administrative Code; and
(5)
									Demonstrate to
			 the department that the proposed expansion meets the applicable requirements of
			 rule
			 3796:2-1-02
			 of the Administrative Code and that the cultivator will remain in compliance
			 with Chapter 3796. of the Revised Code and the rules promulgated in accordance
			 with Chapter 3796. of the Revised Code, if the expansion is
			 permitted.