2020 Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3796 | Medical Marijuana Control Program
Section 3796.09 | License to Cultivate, Process or Test Medical Marijuana.
Effective: September 8, 2016
Latest Legislation: House Bill 523 - 131st General Assembly
(A) An entity that seeks to cultivate or process medical marijuana or to conduct laboratory testing of medical marijuana shall file an application for licensure with the department of commerce. The entity shall file an application for each location from which it seeks to operate. Each application shall be submitted in accordance with rules adopted under section 3796.03 of the Revised Code.
(B) The department 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 3796.12 of the Revised Code with respect to the application demonstrates the following:
(a) Subject to division (B)(1)(b) of this section that the person subject to the criminal records check requirement has not been convicted of or pleaded guilty to any of the disqualifying offenses specified in rules adopted under division (B)(2)(b) of section 3796.03 of the Revised Code;
(b) That the disqualifying offense the person was convicted of or pleaded guilty to is one of the offenses specified in rules adopted under division (B)(2)(c) of section 3796.03 of the Revised Code and the person was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed.
(2) The applicant demonstrates that it does not have an ownership or investment interest in or compensation arrangement with any of the following:
(a) A laboratory licensed under this chapter;
(b) An applicant for a license to conduct laboratory testing.
(3) The applicant demonstrates that it does not share any corporate officers or employees with any of the following:
(a) A laboratory licensed under this chapter;
(b) An applicant for a license to conduct laboratory testing.
(4) The applicant demonstrates that it will not be located within five hundred feet of a school, church, public library, public playground, or public park.
(5) The information provided to the department pursuant to section 3796.11 of the Revised Code demonstrates that the applicant is in compliance with the applicable tax laws of this state.
(6) The applicant meets all other licensure eligibility conditions established in rules adopted under section 3796.03 of the Revised Code.
(C) The department shall issue not less than fifteen per cent of cultivator, processor, or laboratory licenses to entities that are owned and controlled by United States citizens who are residents of this state and are members of one of the following economically disadvantaged groups: Blacks or African Americans, American Indians, Hispanics or Latinos, and Asians. If no applications or an insufficient number of applications are submitted by such entities that meet the conditions set forth in division (B) of this section, the licenses shall be issued according to usual procedures.
As used in this division, "owned and controlled" means that at least fifty-one per cent of the business, including corporate stock if a corporation, is owned by persons who belong to one or more of the groups set forth in this division, and that those owners have control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to their percentage of ownership.
(D) A license expires according to the renewal schedule established in rules adopted under section 3796.03 of the Revised Code and may be renewed in accordance with the procedures established in those rules.
