Updated on April 26, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Marijuana is legal in Ohio for medical use only.
There are penalties for possession, sale and cultivation of marijuana for recreational purposes. Penalties range from a maximum fine of $150 for possession of fewer than 100 grams (a misdemeanor) to a $20,000 fine and eight years in prison for the sale of more than 40,000 grams (a felony). Possession of paraphernalia is also illegal.
Ohio’s cannabis law, enacted in 2016, allows for the use of marijuana for medical reasons. The Ohio Medical Marijuana Control Program administers and oversees the operation of the state’s medical marijuana law.
Ohio permits the use of marijuana to treat a range of conditions, including cancer, chronic pain and epilepsy.
The law, HB 523, allows for the legal possession of a maximum of a 90-day supply of cannabis by a qualified patient. The state Board of Pharmacy is establishing a new process for calculating the way a 90-day supply is measured.
*Please note: Ohio has not approved smoking as a legal method of delivery. Cannabis may be consumed at home by vaporizers, oils, tinctures, edibles, and patches.
Ohio’s “Telemedicine Certificate” Chapter 4731-11-09 of the Administrative Code – effective September 29, 2015 – defines the “practice of telemedicine” as “the practice of medicine in this state through the use of any communication, including oral, written, or electronic communication, by a physician located outside this state”; and requires that any person who intends to practice telemedicine in the State of Ohio, must first file an application with the state medical board, and hold a valid and current Ohio medical license – as per division (D) of section 4731.29 of the Revised Code – while complying with sections 4776.01 to 4776.04.
Ohio’s “Telemedicine” Chapter 5160-1-18 – effective January 02, 2015 – defines “telemedicine” as the “direct delivery of services to a patient via synchronous, interactive, real-time electronic communication that comprises both audio and video elements” (telemedicine does not include the delivery of service by electronic mail, telephone or facsimile transmission).
Ohio has a progress telemedicine program, that includes behavioral health services, pharmacological management, and school-based speech therapy.
Effective January 01, 2015, Ohio Medicaid recognizes and reimburses, live-video telemedicine services – store-and-forward technology and home health monitoring, not included.
Ohio has some of the least-restrictive policies for out-of-state physicians, not having yet joined, the Interstate Medical Licensure Compact. At this time, Ohio allows out-of-state health care practitioners, to practice telemedicine in the state, after obtaining a special telemedicine permit from the State Medical Board of Ohio – practitioners may choose, but are not currently required, to obtain a full Ohio licensure, to provide telemedicine services to patients, geographically situated in Ohio.
Ohio law requires that all health care practitioners establish a physician-patient relationship, before diagnosing and/or treating, a patient via telemedicine. A physician-patient relationship can be established through an in-person physical examination of the patient and a review of the patient’s medical history. There is an expectation that the physician reviewing the patient to determine if they are eligible for telemedicine will be providing care on an ongoing basis. Health care practitioners are required to document and record the patient’s informed consent.