Ohio Medical Marijuana

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]

The Ohio Medical Marijuana Patient Registry is mandatory and does not accept other state’s registry I.D. cards. Patients will be notified if in the future, the Ohio Medical Marijuana Control Program decides to enter into a reciprocity agreement with any other state(s).

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.

The Patient & Caregiver Registry is active as of December 3^rd, 2018. Patients and/or caregivers must be entered by a state-approved physician, in to the registry. The state-approved physician must be certified to recommend medical marijuana.

The Ohio Medical Marijuana Program states “Physicians and patients are advised that during the early months of Ohio’s Medical Marijuana Program, the industry responsible for growing, producing and testing these products is in start-up phase and may have limited inventory available. Also, not all proposed dispensary locations will be fully licensed and open for business. During this start-up phase, the industry may be unable to provide a full supply of products at all licensed locations until later in 2019.”

2017 Election Update: Voters in Athens, OH voted on November 7th to remove cannabis possession fines. There was a decriminalization measure up to vote, but unfortunately, the measure did not pass.

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.

* 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.