(WKBN) – The latest round of rule-making for Ohio’s recreational marijuana has been released and a public comment period is open.
Some of the new proposed rules have to do with ownership, finances, name changes, and how many entities any one person can have a financial interest in.
The new rules also address how to dispose of cannabis waste and security at various operations.
The proposed rules include:
DEFINITIONS (Amended)
- The Division is adding definitions related to the rules in this package for church, control, facility visitor, financial interest, ownership, person, prohibited facility, public library, public park, public playground, and school.
CANNABIS ENTITY DISTANCE FROM PROHIBITED FACILITIES (New)
- Cannabis facilities must be at least 500 feet away from a prohibited facility, pursuant to O.R.C. 3796 and 3780. The distance is measured linearly and the measurement shall occur at the shortest distance between the property line of the prohibited facility and the physical structure under the control of the cannabis facility.
OWNERSHIP, FINANCIAL INTEREST, CONTROL (New)
- This rule provides that no person may own, control, or have financial interest in more than one cultivator, more than one processor, more than one testing lab, or more than eight dispensaries.
DISCLOSURE OF OWNERSHIP, FINANCIAL INTEREST, CONTROL (New)
- Prior to the issuance of a provisional license and the issuance or renewal of a certificate of operation, each applicant or licensee must submit records to the Division regarding their ownership, control, and financial interest.
NOTICE OF INTENT (New)
- This rule requires a licensee to notify the Division prior to entering into any agreement that would make certain modifications that must be reported to the Division.
CHANGE OF OWNERSHIP (New)
- A licensee must obtain prior approval from the Division before modifying its ownership, provided modifications involving less than ten percent of the ownership in a licensee do not require prior approval.
CHANGE OF ENTITY NAME OR REGISTERED TRADE NAME (New)
- A licensee must obtain prior approval from the Division before modifying its entity name or registered trade name.
FINANCIAL RESPONSIBILITY (New)
- The rule establishes the evidence of financial responsibility required by the Division. This is initially a bond or escrow in the amount of $750,000 for level I cultivators, $75,000 for level II cultivators, $250,000 for processors, testing laboratories $75,000, and dispensaries $50,000. Licensees may request to reduce their bond or escrow in increments over a few years if the rule requirements to do so are met and may ultimately be able to cancel the bond or escrow account.
FACILITY VISITORS (New)
- This rule requires that visitors to a facility who are going to access areas other than the public retail floor be signed in on a visitor log and escorted into those non-public areas by an employee.
WASTE DISPOSAL (New)
- This rule sets out the requirements of disposing cannabis waste, including that it be rendered unusable, as well as how it must be tracked in the state’s seed-to-sale tracking system.
DISPENSARY CERTIFICATE OF OPERATION (New)
- This rule lays out the permissible activities of a dispensary with a certificate of operation.
OPERATING PROCEDURES AND QUALITY ASSURANCE (New)
- Dispensaries are required to establish, maintain, and comply with written policies and procedures for the daily operation and distribution of cannabis. Any major modifications must be submitted to the Division for review and approval. Dispensaries must establish areas in the facility that are compartmentalized based upon function, which at a minimum include the designated retail space and the secure limited access area. The rule also establishes permissible hours of operation, points of sale requirements, and standards for drive-through windows and curbside pick-up.
DISPENSARY DESIGNATED RESPONSIBLE PARTY (New)
- Dispensaries must designate between 1-3 responsible parties. At least one of the designated responsible parties must be on the premises at least 20 hours per week.
MINIMUM SECURITY AND SURVEILLANCE REQUIREMENTS (New)
- Each dispensary must establish, maintain, and comply with written policies and procedures that ensure adequate security, surveillance, and control of the licensed premises that prevent diversion, theft, or loss and meet the minimum requirements outlined under this rule.
Comments can be submitted to DCCRules@com.ohio.gov and CSIPublicComments@governor.ohio.gov by 5 p.m. on Wednesday, April 17, 2024.