Ohio Code 3780.11 – Application requirements for adult use cannabis operators and adult use testing laboratories
Application requirements for adult use cannabis operators and adult use testing laboratories.
Terms Used In Ohio Code 3780.11
- Adult use cannabis operator: means a level I adult use cultivator, a level II adult use cultivator, a level III adult use cultivator, an adult use processor, and an adult use dispensary. See Ohio Code 3780.01
- Adult use testing laboratory: means an independent laboratory located that has been issued a license by the division of cannabis control to have custody and use of adult use cannabis for scientific purposes and for purposes of instruction, research, or analysis. See Ohio Code 3780.01
- Applicant: means an individual or person who files an application for a license pursuant to this chapter. See Ohio Code 3780.01
- License: means a license by the division of cannabis control to a license applicant pursuant to chapter 3780 of the Revised Code and the rules adopted thereunder. See Ohio Code 3780.01
- Prohibited facility: means any church, public library, public playground, public park, or school, as defined in section 3796. See Ohio Code 3780.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) An adult use cannabis operator and adult use testing laboratory license applicant authorized to file an application may file an application for licensure with the division of cannabis control. Each application shall be submitted in accordance with rules adopted under section 3780.03 of the Revised Code and in conformity with this chapter. Initial applications shall be made available to adult use operators and adult use testing laboratory within six months of the effective date of this section and license applicants shall comply with all requirements of this chapter and related rules prior to the issuance of a license.
(B) The division of cannabis control shall issue a license to an applicant if all of the following conditions are met:
(1) The report of the criminal records check conducted pursuant to section 3780.08 of the Revised Code with respect to the application demonstrates the following:
(a) The criminal offenses for which an applicant will be disqualified from licensure; and
(b) The criminal offenses that will not disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(2) The adult use cannabis operator applicant demonstrates that it does not have an ownership or investment interest in or compensation arrangement with any of the following:
(a) An adult use testing laboratory licensed under this chapter; or
(b) An applicant for a license to conduct adult use laboratory testing.
(3) The adult use cannabis operator applicant demonstrates that it does not share any corporate officers or employees with any of the following:
(a) An adult use testing laboratory licensed under this chapter; or
(b) An applicant for a license to conduct adult use laboratory testing.
(4) The adult use testing laboratory applicant demonstrates that it does not have an ownership or investment interest in or compensation arrangement with any of the following:
(a) An adult use cannabis operator licensed under this chapter; or
(b) An applicant for a license to conduct adult use cannabis operations.
(5) The adult use testing laboratory applicant demonstrates that it does not share any corporate officers or employees with any of the following:
(a) An adult use cannabis operator licensed under this chapter; or
(b) An applicant for a license to conduct adult use cannabis operations.
(6) The applicant demonstrates that the operations will not be located within five hundred feet of a prohibited facility consistent with this chapter unless the prohibited facility was located within five hundred feet after the applicant filed the application with the division of cannabis control, or after the applicant, or the applicant owners, was operating under Chapter 3796 of the Revised Code at the same location, or unless otherwise authorized in this chapter.
(7) The information provided to the division of cannabis control pursuant to section 3780.06 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.
(8) The applicant meets all other license eligibility conditions established in rules adopted under section 3780.03 of the Revised Code.
(9) The applicant is not employed by a regulatory body of a governmental unit of this state and in that capacity has significant influence or control, as determined by the division of cannabis control, over the ability of the applicant to conduct business in this state.
(C) A license expires according to the renewal schedule established in rules adopted under section 3780.03 of the Revised Code and may be renewed in accordance with the procedures established in those rules. A license shall be automatically renewed by the division of cannabis control unless good cause is otherwise shown.
Last updated November 13, 2023 at 12:53 PM