Ohio Admin. Code 1301:18-3-01 - Cannabis entity distance from prohibited facilities
(A)
Unless otherwise authorized pursuant to this rule, no
cultivator, processor, testing laboratory, or dispensary shall be located
within five hundred feet of the end boundaries of a parcel of real estate
having situated on it a prohibited facility, as defined by rule
1301:8-1-01 of the
Administrative Code.
(B)
To determine compliance with paragraph (A) of this
rule, the following applies:
(1)
The distance shall be measured linearly;
and
(2)
The measurement shall occur at the shortest distance
between the parcel line of the prohibited facility and the physical structure
under the control of the cannabis facility.
(C)
Paragraph (A) of
this rule does not apply to the following:
(1)
Cannabis entities
issued a certificate of operation pursuant to Chapter 3796. of the Revised Code
for the same licensed premises; and
(2)
Any state
university, academic medical center, or private research and development
organization conducting research related to cannabis pursuant to research
protocol approved by an institutional review board or equivalent
entity.
(D)
The division shall deny a request for a change in
location or a request for cultivation area expansion that violates this
rule.
A licensed entity that is issued a
denial pursuant to this paragraph may submit a subsequent request for a change
of location or cultivation area expansion that conforms with the mandates of
this rule.
(E)
An entity licensed pursuant to these rules may continue
to operate in the event a prohibited facility is established within five
hundred feet of the facility subsequent to the issuance of a provisional
license or certificate of operation, provided the entity does the
following:
(1)
Notifies the division in writing; and
(2)
Submits to the
division any necessary modifications to ensure ongoing facility security and
surveillance and public safety for review and approval.
Notes
Promulgated Under: 119.03
Statutory Authority: 3780.03, 3796.03
Rule Amplifies: 3780.03, 3780.07, 3796.03, 3796.30
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