Ohio Admin. Code 3796:2-1-09 - Cultivator marijuana cultivation area expansion
(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.
(C)
Upon the department's receipt of a request for
expansion, the department shall have a reasonable time to review and approve or
deny a request for expansion. If approved, the cultivator will be bound to the
terms in the request for expansion and must pass an inspection pursuant to rule
3796:2-3-01
of the Administrative Code prior to cultivating medical marijuana in the
expanded marijuana cultivation area. A cultivator's failure to comply with the
approved request for expansion may result in the revocation of the department's
approval or additional sanctions under rule
3796:5-6-01
of the Administrative Code. A cultivator shall not submit a request for
expansion more than once during any twelve-month period.
(D)
If the director
or the director's designee determines that additional cultivation capacity is
necessary to meet the demand for medical marijuana based on the population of
this 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, the director may request expansion plans from
existing cultivators in accordance with paragraphs (B) and (C) of this
rule.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03
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