Ohio Admin. Code 3796:3-1-07 - Uninterrupted supply of medical marijuana
(A)
A processor shall
ensure that a consistent supply of medical marijuana is available to be sold to
licensed dispensaries. Evidence of a consistent supply may be shown by:
(1)
Not more than
thirty days elapsing between shipments totaling at least one lot of medical
marijuana products, as defined in rule
3796:1-1-01 of the
Administrative Code, to any licensed dispensaries.; or
(2)
Maintaining an
inventory of at least five hundred grams of medical marijuana extract that is
ready for immediate use in the manufacture of marijuana
products.
(B)
If the director believes a processor has failed to meet
the requirements of paragraph (A) of this rule, the director may issue a notice
of insufficient business activity to a licensed processor. The notice shall
include the factual basis for the director's belief, including any appropriate
supporting documentation.
(C)
Upon a notice issued pursuant to paragraph (B) of this
rule, a licensed processor may respond with any evidence sufficient to prove
that the processor has met, and continues to meet, the standards established by
paragraph (A) of this rule.
(D)
If a processor
fails to respond to a notice issued, or the director determines the evidence
provided is insufficient to establish one of the conditions in paragraph (A) of
this rule, the director shall move to revoke the processor certificate of
operation pursuant to rule
3796:5-6-01
of the Administrative Code.
(E)
At any time prior
to the issuance of a notice of insufficient business activity, a processor may
petition the director to toll computation of the timeframes provided in
paragraph (A) of this rule. Such a petition shall provide the following:
(1)
An explanation of
the facts and circumstances that will not allow the processor to ensure a
consistent supply of medical marijuana as required in paragraph (A) of this
rule; and
(2)
A plan for how and when the processor will be able to
meet the requirement of paragraph (A) of this rule, with specific attention to
how such a plan will allow the processor to meet the standards established in
paragraph (A) of this rule.
(F)
Upon receipt of a
petition under paragraph (E) of this rule, the director may stay the
requirement of paragraph (A) of this rule for a processor. A director's order
staying the requirement of paragraph (A) of this rule shall state the date upon
which the stay is lifted using information provided by the processor in
accordance with paragraph (E)(2) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03
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.