Ohio Admin. Code 3796:5-5-01 - Medical marijuana entity distance from public spaces
(A)
In establishing the distance between a medical
marijuana entity and a prohibited facility, the distance shall be measured
linearly and shall be shortest distance between the closest point of the
property lines of the medical marijuana entity and the prohibited
facility.
(B)
If a proposed expansion of a licensed medical marijuana
entity would result in the medical marijuana entity being located within five
hundred feet or less from the prohibited facility at the closest point of the
property lines of the medical marijuana entity and the prohibited facility, the
department shall deny the request for expansion.
(C)
If the proposed
relocation plan of a licensed medical marijuana entity results in the medical
marijuana entity being located five hundred feet or less from a prohibited
facility at the closest point of the property lines of the medical marijuana
entity and the prohibited facility, the department shall deny the request for
relocation.
(D)
If a medical marijuana entity has been issued a
provisional license or a certificate of operation prior to when a prohibited
facility becomes established and is located five hundred feet or less at the
closest point of the property lines of the medical marijuana entity and the
prohibited facility, the medical marijuana entity shall be permitted to
continue operating at that location, provided that the medical marijuana entity
does the following:
(1)
Notifies the department or the state of Ohio board of
pharmacy, whichever agency is responsible for oversight of the entity's
license;
(2)
Submits the existing security plan to the department or
the state of Ohio board of pharmacy, whichever agency is responsible for
oversight of the entity's license, for a determination as to the adequacy of
the existing security measures; and
(3)
Agrees to
implement additional, reasonable measures to prevent access and make the
surrounding areas safe as deemed necessary by the department or the state of
Ohio board of pharmacy.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03, R.C. 3796.09
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.