(a) Purpose. This section regulates the location and separation of state-licensed medical marijuana cultivators, processors, retail dispensaries, and testing laboratories in order to protect the public health and safety and to protect the character of residential areas. This section complies with RC 3796.29 and RC 3796.30 and does not intend to impair the use of state-licensed medical marijuana entities.
(b) Definitions. As used in this section and in this Zoning Code, and defined in OAC 3796:1-1-01(A):
(1) "Cultivator" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under RC Chapter 3796.
(2) "Manufacture" means the process of converting harvested plant material into marijuana extract by physical or chemical means for use as an ingredient in a medical marijuana product.
(3) "Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(4) "Medical marijuana entity" means a licensed medical marijuana cultivator, processor, dispensary or testing laboratory.
(5) "Processor" means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(6) "Retail Dispensary" means an entity licensed pursuant to RC 3796.04 and RC 3796.10 and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(7) "Testing laboratory" means an independent laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.
(c) Location. Where permitted in a particular use district, no state-licensed medical marijuana cultivator, processor, retail dispensary or laboratory that tests medical marijuana, shall be located or relocated within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground or public park. This requirement does not apply to research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity. As used in this section "state university" and "academic medical center" have the same meaning as in RC 3796.01.
(RC 3796.30; Ord. No. 1009-17. Passed 10-31-17, eff. 11-1-17)