(A) Every
dispensary certificate of operation issued pursuant to this division shall
expire on the
date identified on the
certificate
first day of July of every
odd-numbered year regardless of the date on which the certificate of operation
was renewed.
(B) A licensed medical marijuana
dispensary shall receive written or electronic notice ninety days before the
expiration of its certificate of operation.
(C)(B)
Every dispensary issued a certificate of operation pursuant to this division
shall submit the following to the state board of pharmacy at least forty-five
calendar days prior to the date the existing
certificate expires:
(1) A
completed medical marijuana dispensary renewal
application;
(2) A roster that
includes all the
dispensary's dispensary
employees' names and dispensary
employee
employees'
license
number
numbers;
and
(3)
Documentation sufficient to establish that the
applicant is in compliance with the applicable tax laws of this
state;
(3)(4) The
applicable fees
required fee; and
;
(4)(5) Any additional
information
or documentation required by the
state board
.
of pharmacy in the licensing
process.
(C)
A renewal application shall be accepted no earlier than
ninety days prior to the date the existing certificate expires on a date
determined by the board's director of licensing.
(D) If the premises on which the dispensary
operates are leased, the renewal application must include an attestation that
the premises identified on the application have been leased for the following
two-year licensing term and is not subject to any contractual restrictions that
would prevent it from operating in compliance with Chapter 3796. of the Revised
Code and this division.
(E)
A dispensary is only permitted to renew its certificate
of operation with the existing ownership and location as originally awarded
with the certificate or any subsequent approval by the board. A dispensary that
is eligible to apply for a change of ownership pursuant to rule
3796:6-2-12
of the Administrative Code or a relocation pursuant to rule
3796:6-2-13
of the Administrative Code must request such changes separate from the renewal
application.
(E)(F) If the dispensary
is operated in compliance with Chapter 3796. of the Revised Code and this
division, and the renewal fee is paid, the state board of pharmacy shall renew
the certificate of operation
within forty-five days
after the renewal application is received
, to
be effective on the expiration date of the previous certificate of
operation. Upon receipt of a renewal application, the state board of
pharmacy shall consider:
(1) The dispensary's
history of compliance with regulations promulgated under this division of the
Administrative Code;
(2) The number
and severity of any violations;
(3)
The correction of violations, penalties, or other enforcement actions;
and
(4) Any additional criteria
deemed necessary by the state board of pharmacy.
(F)(G)
The state board of pharmacy may deny a dispensary certificate of operation
renewal application due to:
(1) Failure to pay
the renewal fee;
(2) Poor
compliance history;
(3) Criminal
violations with a nexus to the dispensary's operation;
(4) Discipline issued for violations of
Chapter 3796. of the Revised Code or this division; or
(5) Any additional criteria deemed applicable
by the state board of pharmacy.
(H)
(1)
A dispensary certificate of operation renewal
application that is filed less than forty-five days prior to the expiration
date of the dispensary's certificate will only be considered complete with the
payment of the required late fee, in addition to the required application
fee.
(2)
The state board of pharmacy shall renew a dispensary's
certificate of operation that files a renewal application less than forty-five
days prior to the expiration date of the dispensary's certificate, subject to
paragraph (F) of this rule, within thirty calendar days after the expiration
date of the certificate.
(3)
A dispensary certificate of operation that is not
renewed by the expiration date shall be considered lapsed.
(4)
A dispensary
shall not purchase, receive, sell, or dispense any medical marijuana while the
certificate of operation is lapsed.
(G) If a dispensary certificate of
operation renewal application is not filed prior to the expiration date of the
dispensary's certificate, the certificate shall be suspended for a maximum of
thirty days. A dispensary shall not purchase, receive, sell, or dispense any
medical marijuana while under a suspended certificate of operation. After
thirty days, the certificate will be deemed expired if the dispensary has not
successfully renewed the certificate of operation, including the payment of all
applicable fees and the state board of pharmacy shall not renew the certificate
of operation.
(H)(I)
A dispensary shall not purchase, receive, possess,
sell, or dispense any medical marijuana without a valid, unexpired certificate
of operation issued by the state board of pharmacy. Such activity is unlicensed
and may subject the dispensary to discipline under this division.
(1)
If a dispensary
certificate of operation renewal application is not filed prior to the
expiration date of the dispensary's certificate, the certificate of operation
will be deemed expired.
(2)
A dispensary shall not purchase, receive, possess,
sell, or dispense any medical marijuana with an expired certificate of
operation.
(3)
A dispensary that allowed its certificate of operation
to expire and wishes to resume operations as a licensed dispensary under
Chapter 3796. of the Revised Code and this division shall apply for a license
in accordance with rules
3796:6-2-01
and
3796:6-2-02
of the Administrative Code.
(I) If a renewal application and all
applicable fees are submitted to the board after a suspension period pursuant
to paragraph (G) of this rule, the board shall not renew such certificate. A
dispensary that allowed its license to lapse and wishes to again operate as a
licensed dispensary under Chapter 3796. of the Revised Code and this division
shall apply for a license in accordance with rules
3796:6-2-01
and
3796:6-2-02
of the Administrative Code.
Notes
Ohio Admin. Code
3796:6-2-10
Effective:
2/14/2022
Five Year Review (FYR) Dates:
2/2/2021 and
02/14/2027
Promulgated
Under:
119.03
Statutory Authority:
3796.04
Rule Amplifies:
3796.02,
3796.04,
3796.10
Prior Effective Dates:
09/08/2017
