Note from State, on sources for medical marijuana

“The state board of pharmacy has one year from the effective date of the law to adopt rules establishing standards and procedures for the medical marijuana control program, including establishing procedures and fees, setting the number of retail dispensary licenses, patient registration details, and defining 90-day supply,” House Bill 523 [June 08, 2016]

* Please note: Complete program details are pending the establishment, of the state program. The Ohio Medical Marijuana Patient Registry application fee is yet to be determined.

The Ohio Medical Marijuana Patient Registry is mandatory, does accept other state’s registry I.D. cards: “The state board of pharmacy shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state.”

The first dispensary licenses were issued in November 2017 and the official medical marijuana program is expected to be operational in September 2018. In addition, the state of Ohio issued 12 cultivation licenses in Dec 2017 and is expected to issue more licenses.

The application for physicians to become certified to recommend medical marijuana began in March 2018 with the first round of approvals slated for April 2018. So far, the Department Commerce has approved provisional licenses for 24 growers and growing facilities and will continue to issue more dispensary licenses in spring 2018.

Ohio Medical Marijuana Program: Information

On May 10, 2016, House Bill 523, was approved by the House 71-26; and subsequently the Senate 18-15, on May 25, 2016. Ohio Governor, John Kasich, signed the bill on June 08, 2016 — effective September 2016, three months from passage.

House Bill 523, effectively allows for the use of marijuana for medical reasons, while further establishing an Ohio Medical Marijuana Control Program.

Under the legislature law, of HB 523, patients diagnosed with one of the following debilitating medical conditions, qualifies for the State’s Medical Marijuana Program: AIDS/HIV; Alzheimer’s disease; ALS; cancer; chronic traumatic encephalopathy; Crohn’s disease; epilepsy; fibromyalgia; glaucoma; hepatitis C; inflammatory bowel disease; multiple sclerosis; chronic, severe, or intractable pain; Parkinson’s disease; PTSD; sickle cell anemia; spinal cord disease or injury; Tourette’s syndrome; traumatic brain injury;  ulcerative colitis.

* Please note: As per HB 523, all physicians choosing to participate in the Ohio medical marijuana program, are required to first obtain a license from the State Medical Board of Ohio prior to evaluating any patients. A complete list of the rules outlining the protocol and requirements for such a license will be developed by September 08, 2017.

In the interim, all patients and parents/guardians of minor patients seeking marijuana for medical use, prior to the implementation of the administrative rules that will govern the Ohio Medical Marijuana Control Program, will be entitled to an affirmative defense for certain marijuana-related crimes. HB 523 allows patients to use an affirmative defense if, among other requirements, the patient has received a written recommendation from a doctor certifying that the patient meets the state’s criteria and requirements.

Furthermore, the State Medical Board of Ohio recommends that all physicians choosing to participate in the OMMP, consult their legal counsel and/or employer for interpretation of the legislation.

Ohio Medical Marijuana Program: Possession and Cultivation Regulations

House Bill 523, legally allows for a maximum of a 90-day supply of medical marijuana — the specifics of which have yet to be specifically defined, and will be outlined in the rulemaking process. As for cultivation, the state of Ohio chose 11 cultivators in November 2017 to begin producing medical marijuana. The list (according to the Ohio Department of Commerce) includes:

• Fire Rock Ltd. – must choose between Franklin Co., Stark Co. and Summit Co.
• FN Group Holdings LLC – Portage Co.
• Mother Grows Best LLC – Stark Co.
• OhiGrow LLC – Lucas Co.
• Ancient Roots LLC – Clinton Co.
• Ohio Clean Leaf LLC – must choose between Montgomery Co. and Fairfield Co.
• Ascensoin BioMedical LLC – Lorain Co.
• Agri-Med Ohio LLC – Meigs Co.
• Paragon Development Group – Montgomery Co., Huber Heights
• Hemma LLC -Butler Co.
• Galenas LLC – Summit Co.

* Please note: Smoking is NOT an approved method of delivery, as per HB 523. As per Ohio’s medical marijuana law, “Only the following forms of medical marijuana may be dispensed under this chapter: oils, tinctures, plant material, patches”.