Rules Under HB 523 - Ohio's Medical Marijuana Control Program
The three state agencies – the Ohio Board of Pharmacy, Ohio Medical Board, and the Ohio Department of Commerce – are well on their way toward codifying the regulations that will govern Ohio’s medical marijuana program. Below are the links to the relevant agencies and their regulations. Some of these regs are detailed in the ORG’s Q & A.
Patient & Caregiver Rules (Ohio Revised Code)
Physician Rules (Ohio Revised Code)
Final Dispensary Rules (Ohio Revised Code)
Cultivation Program (timeline)
Final Cultivator Rules (Ohio Revised Code)
Final Processor Rules (Ohio Revised Code)
Forms & Methods (Ohio Revised Code)
Questionable ... Affirmative Defense
The State Medical Board of Ohio certified its first round of physicians to recommend marijuana on April 11, 2018. HB 523 provides an affirmative defense to violations of sections
2925.11 or section 2925.141 of the Revised Code relating to marijuana if the following conditions have been met:
physician issued written recommendation under a boni fide physician-patient relationship;
the patient has been diagnosed with a qualifying condition; physician has informed patient about risks and benefits of medical marijuana;
patient was informed that benefits outweigh risks; and
the violation was only for possession of a form or method made legal by HB 523.
Notice no mention of an active patient registry or patient ID cards. Neither will be available until an undetermined time in the future per the Pharmacy Board on July 20, 2018.
Does the unfortunate patient, who in good faith met all of these qualifications, face prosecution, fines and jail time simply because the regulators appear to be enforcing a requirement that isn't in the law? The Affirmative Defense in HB 523 expires 60 days after the Pharmacy Board begins accepting patient applications.
Ohio's Medical Marijuana Control Program requires physicians who recommend marijuana to their patients to complete at least two hours of continuing medical education from providers certified by the Ohio State Medical Association.
Cannabis Expertise is nationally accredited to provide live events with information, education, and answers to healthcare providers. Successful completion of the in-person or live webinar option for the two-hour or four-hour courses meet the CME requirements* for the initial Ohio Certificate to Recommend (CTR) application and the learner will earn 2.0 AMA PRA Category 1 Credits™. (4-Hour Approved Course: Earn up to 4.0 AMA PRA Category 1 Credits™)
Ohio Department of Commerce announces 12 Level II cultivator provisional licensees: November 3, 2017
Ohio Department of Commerce announces 12 Level I cultivator provisional licensees: November 30, 2017
Medical Board accepts applications from physicians for Certificates to Recommend: March 19, 2018
Medical Board Approves 139 Physicians to Recommend: July 11, 2018
Board of Pharmacy approves 56 provisional dispensary licenses from 376 applications: June 4, 2018
Toll Free Line operational: June 4, 2018
University testing labs - Central State University and Hocking Technical College - granted provisional Licenses: July 2, 2018
Processor Provisional Licenses: July 2018
Pharmacy Board Patient Registry opens: ???
Program Fully Operational:
September 8, 2018 ???
Petitions to request additional qualifying conditions:
November 1 - December 31, 2018
Source: Medical Marijuana Control Program "
Medical Marijuana Moratoriums
A number of cities and towns are placing moratoriums on medical marijuana establishments such as grow sites, processors and dispensaries, thwarting the roll out of industry that could be worth as much as $400 million annually before even one regulation has been codified. Cities so far include: Lancaster, Lakewood, Beavercreek, Lima, Troy, Piqua many more.
Medical Marijuana Marijuana Advisory Committee
HB 523 provided for the formation of a 14-member Advisory Committee to submit recommendations concerning the rule making process to the Department of Commerce, the Pharmacy Board and the Medical Board. Here are the picks by Governor Kasich and other legislative office holders:
1.) practicing pharmacists (2) – one who supports medical marijuana and one who is a member of the board of pharmacy:
marijuana supporter: Stephanie M. Abel, pharmacist working with Ohio State University's pain and palliative care program
pharmacy board member and Committee Chairman: Curtis L. Passafume, Jr., vice president with OhioHealth in pharmacy services
2.) practicing physicians (2) – one who supports medical marijuana and one who is a member of the state medical board
marijuana supporter: Dr. Jerry W. Mitchell, Jr. oncologist
medical board member: Dr. Amol Soin of Xenia, pain management doctor
3.) representative of local law enforcement (1): Shelby County Sheriff John Lenhart
4.) representative of employers (1): Michael Stanek, chief financial officer for Hunt Imaging in Berea
5.) representative of labor (1): Jason Kaseman, political director for the United Food and Commercial Workers union
6.) representative of mental health treatment (1): Marcie Seidel, Executive Director of the Drug Free Action Alliance
7.) nurse (1): Nancy Mosca, Mahoning County nurse and nurse educator
8.) representative of caregivers (1): Martin McCarthy Jr., Parma parent and nursing assistant
9.) representative of patients (1): Bob Bridges, patient advocate. (Ted Bibart resigned on February 8, 2018)
10.) representative of agriculture (1): Michael Hirsch, owner-operator of Hirsch Fruit Farm
11.) representative of treatment of alcohol and drug addiction (1): Tony Coder, assistant director of Drug Free Action Alliance
12.) representative of academic research (1): Gary Wenk, Ohio State University professor
To the Ohio General Assembly: Thank You for Acting!
On June 8, 2016, Ohio Governor John Kasich signed HB 523 into law. This historic event marked the first time in the 40 years since Ohio decriminalized marijuana in 1976 that the Ohio legislature passed pro-cannabis legislation. The bill evolved through a series of town hall meetings and task force hearings to culminate with the introduction of Ohio House Bill number 523 in April 2016. Testimony was then heard before committees of both the Ohio House of Represntatives and the Ohio Senate. The House passed the legislation in early May and Senate passed it two weeks later. With the governor's signature in June, the “Marijuana-authorize use for medical purposes-controls” Act went into effect on September 8, 2016.
How does a bill become law?
Although Ohio now has a medical marijuana law, it will need tweeks. As the legislature makes changes, it is important to understanad how the legislative process works.
Click HERE to view the Guidebook for Ohio Legislators 13th Edition 2013-2014
Click HERE to view a colorful graph depicting this legislative process.
How Did Your Representative Vote on HB 523?
Yes = 67
Anielski, Antani, Arndt, Ashford, Baker, Barnes, Bishoff, Boggs, Boose, Boyd, Brenner, Brinkman, Brown, Burkley, Celebrezze, Clyde, Craig, Cupp, Curtin, DeVitis, Derickson, Dever, Driehaus, Duffey, Ginter, Gonzales, Grossman, Hagan, Hayes, Henne, Hill, Huffman, Koehler, Kuhns, Kunze, LaTourette, Landis, Leland, Lepore-Hagan, Manning, McClain, McColley, O'Brien (M), O'Brien (S), Patterson, Pelanda, Perales, Phillips, Ramos, Reineke, Rezabek, Rogers, Rosenberger, Ruhl, Ryan, Scherer, Schuring, Sears, Sheehy, Slaby, Smith (K), Smith (R), Strahorn, Sweeney, Sykes, Terhar, Young
No = 29
Amstutz, Antonio, Becker, Blessing, Boccieri, Boyce, Buchy, Butler, Cera, Conditt, Dean, Dovilla, Fedor, Green, Hall, Hambley, Hood, Johnson (G), Johnson (T), Patmon, Reece, Retherford, Roegner, Romanchuk, Schaffer, Sprague, Thompson, Vitale, Zeltwanger
Yes: Republicans = 43, Democrats = 24
No: Republicans = 21, Democrats = 8
Audio: Repeal of Ohio's Affirmative Defence in 1997
How Did Your Senator Vote on HB 523?
Yes = 18
Bacon, Balderson, Beagle, Brown, Burke, Coley, Gardner, Hackett, LaRose, Lehner, Manning, Oelslager, Sawyer, Schiavoni, Seitz, Tavares, Thomas, Yuko
No = 15
Cafaro, Eklund, Faber, Gentile, Hite, Hottinger, Hughes, Jones, Jordan, Obhof, Patton, Peterson, Skindell, Uecker, Williams
Yes: Republicans = 12, Democrats = 6
No: Republicans = 11, Democrats = 4
Medical Cannabis - Ohio Legislative History prior to HB 523
Over the last 20 years, the Ohio General Assembly has considered eight bills. All but one would have given patients safe access to cannabis (marijuana) at some level. The one bill that passed in 1997 erased an Affirmative Defense that had been passed during the prior session in a funding bill.
SB 2 • 1997-1998 session • Sponsor: Senator Blessing. Eliminated the "medical purposes" affirmative defense to the offense of possession of marihuana. Effective June 1997.
SB ? • 1999-2000 session • Sponsor: Senator Robert Hagan (D-Youngstown). His first in a series.
SB 74 • 2005-2006 session • Sponsor: Senator Robert Hagan (D-Youngstown). Introduced in February 2005. Referred to the Criminal Justice Committee.
Received a sponsor testimony hearing in November 2006, but went no further.
SB 343 • 2007-2008 session • Sponsor: Senator Tom Roberts (D-Dayton). Called the Ohio Medical Compassion Act. Introduced in May 2008. Referred to the Criminal Justice Committee. Received both sponsor and proponent testimony hearings in November 2008, but went no further.
HB 478 • 2009-2010 session • Sponsor: Rep. Kenny Yuko (D-Richmond Heights).Called the Ohio Medical Compassion Act of 2010. Introduced April 2010.Referred to the Health and Aging Committee, but went no further.
HB 214 • 2011-2012 session • Sponsor: Rep. Kenny Yuko (D-Richmond Heights).Introduced April 2011. Referred to the Health and Aging Committee, with no further action.
HB 153 • 2013-2014 session • Sponsor: Rep. Bob Hagan (D-Youngstown). Co-Sponsors: Rep. Mike Foley (D-Cleveland) and Rep. Dan Ramos (D-Lorain). Reintroduction of HB 214 from prior session in May 2013.
HB 33 • 2015-2016 session • Sponsors: Rep. Wes Retherford (R-District 61,Hamilton County) and Rep. John M. Rogers (D-District 60, Mentor on the Lake). Would authorize the use of cannabidiol to treat seizure disorders. Introduced in February 2015. Referred to Health and Aging Committee with no further action.
Note: The underlined bills link to their full text versions. For a printable PDF of this list, please click HERE.