As a follow-up to last week’s communication regarding eLicense updates to reflect company affiliations, the reconfigurations within the eLicense portal will now be made beginning April 11 at 5:00pm – April 15 at 8:00am. eLicense will be unavailable during that time; however, it will be available this weekend.
Following these updates, beginning Monday, April 15, eLicense will be reconfigured to allow commonly owned or controlled licenses to be grouped together under one account. Many licensees have requested this change to allow eLicense users to more easily access and complete applications within the portal for all affiliated licenses and allow for employee badges to be consolidated into one badge across a “family” of companies.
What you need to do now.
In order to affiliate licenses together within eLicense, the Division needs licensees to submit a form including all of the required information. Additionally, each “parent company” account must designate at least one eLicense Account Administrator and up to three may be designated. eLicense Account Administrators have access to all licenses within the "parent company" structure.
One form must be completed for each group of medical marijuana licensees that are commonly owned or controlled. Please see below for the definition of “ownership” and “control.” The form should be completed by licensees no matter how many licenses are held so that your appropriate account name (i.e., parent company name) and eLicense Account Administrators can be reflected within the portal.
The form can be found here. The completed form must be submitted by 5:00pm on Wednesday, April 3 for the employee badge consolidation option to be available to your family of companies on Monday, April 15.
More information on employee badge consolidation and a webinar training date is coming soon.
Definitions
“Ownership” means a person’s, direct or indirect, present ownership interest in a person,
including membership interest in a limited liability company, shares of stock in a corporation, or similar equity interests in any other corporate person; or a person’s beneficial interest or proprietary interest in an individual or group of individuals. The definition of ownership does not include passive equity interest of less than 10% in a licensed cannabis business which is for investment purposes only.
“Control” means the ability to make or significantly influence the strategic policies or management decisions ordinarily reserved for the majority owners or board of directors of a “person” as defined in Ohio Revised Code 3780.01. Control may be established through ownership, contract, or otherwise; provided control will not be imputed on a bank or licensed lending institution that holds a mortgage or other lien on the person acquired in the ordinary course of business.
- When determining whether a person is exercising control, or has the ability to exercise control, over another, the Division may consider, among other factors, whether, and to what extent, the person has any power to do the following on behalf of another:
- Adopt or amend governance documents, including articles of incorporation,
- articles of organization, bylaws, operating agreements, or buy-sell agreements.
- Cause or prevent a merger, dissolution, equity sale, or asset sale.
- Elect or remove directors or officers; or elect or remove other positions that
- exercise authority similar to those of a director or an officer in an Ohio
- corporation.
- Exercise voting power similar to a shareholder in an Ohio corporation.
- Exercise voting power similar to a director in an Ohio corporation.
- Call meetings of the directors or owners.
- Regulate the authority of the owners, directors, or officers.
- Issue shares, membership interest, or similar equity.
- Declare dividends or distributions.
- Enter into contractually binding agreements.
- Authorize a mortgage, pledge, lien or deed of trust on any real property or
- personal property.
- Hire or fire organizations that manage day-to-day operations.
