In February, the Ohio Department of Commerce staff identified a scoring error that affected a batch of 10 Level 1 applications. For one of these applicants – PharmaCann Ohio – the scoring error meant that even though the company was actually the eighth highest scorer, it did not receive a provisional license on November 30, 2017.

The Department’s Special Counsel, Squire, Patton, Boggs, has brought on Ernst & Young (EY) to analyze the scoring process and the scores awarded to applicants. EY’s work has involved an analysis of the information contained on each of the Level 1 consensus score sheets and a recalculation of the indicated score for each application. Based on these recalculations, PharmaCann Ohio was the eighth-highest score and no other applicant moved into the highest 12 scores. The Department has therefore determined that PharmaCann Ohio is entitled to a provisional license.

Ohio Administrative Code 3796:5-6-01 authorizes the Director to “exercise any other power or duty” authorized by statute or rule when it is “necessary for the program’s administration, implementation and enforcement.” Taking an administrative action – such as awarding an additional license – to remedy an error made in the licensing process falls under the authority granted in this rule.

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