The Kentucky Office of Medical Cannabis (OMC) released a technical advisory regarding the process and timeline for provisional licensees to request a change of location. Provisional licenses were issued to applicants who are required to relocate because multiple applicants selected the same county within a region, or because the local government in the chosen county prohibits cannabis business operations. These licensees are required under Kentucky law to file an application to change location within a set time period. The advisory also provided guidance for licensees who wish to voluntarily relocate, noting extended timelines for approval under certain circumstances.
OMC will continue to process requests from dispensary licensees as they come in for voluntary relocation within the same county as the location on their initial license, while requests to move to a different county will have to wait until the provisional license relocation process for the licensee’s region is completed.
Process for Provisional Licensees
Applications for required location changes will be reviewed following the priority order established in the June 28, 2024 Guidance on Provisional Licenses. The level of priority was determined based on the respective lottery selection for each region.
As explained in our previous post, Kentucky’s cannabis laws and regulations require provisional licensees to submit an application for a change in location within 120 calendar days of obtaining a provisional license. If the provisional licensee fails to request a location change within 120 calendar days from license issuance the provisional license will be revoked, and the application fee will not be refunded.
In its recent technical advisory, OMC directed Second and Third Priority provisional licensees to submit placeholder applications to meet the 120-day deadline, with formal review of a final location to be completed at a later date, given that provisional licensees do not have control over how long it could take for applicants with higher priority to select a location.
Requirement by Priority Level
The dispensary licensee that has first priority to change location in a region must identify a specific location and provide required supporting materials, including documentation showing the licensee has the authority to use the identified location as a cannabis business for, at a minimum, the term of the license and a site plan prior to the 120-day deadline.
Process for Lower-Priority Licensees
Instead of specifying an exact address, Second and Third Priority provisional licensees will submit an application that provides a placeholder for a location (e.g. “TBD – Allowable County or City within Dispensary Region X”) prior to the 120-day deadline.
After First Priority applications are reviewed and approved:
- Second Priority provisional licensees will have 120 days from that approval or denial date to submit an amended application with a specific location and required supporting materials.
- Third Priority provisional licensees will then have 120 days from the approval of Second Priority applications to submit their amended applications.
- Lower-priority provisional licensees in a region will be notified once final decisions are made on the applications ahead of them.
If your business needs assistance with an application to relocate a license, please reach out to a member of the Dentons team.
