Remember when a group of marijuana proponents tried to establish a marijuana monopoly in Ohio using Buddie the mascot? Well, this time around, the Ohio legislature took control of things and Ohios new medical marijuana program isnt going to look anything likeIssue 3. In case you missed it, on Wednesday of last week, Ohio joined a growing number of states (now 25/26) that permit qualified patients to access cannabis for medical use when Governor John Kasich signed House Bill 523 into law.
The new law, which creates theMedical Marijuana Control Program (MMCP) and includes an impressive list of qualifying medical conditions,takes effect in 90 days, but the commercial licensing side of things doesnt have to be up running (and probably wont be) before two years from the effective date of the law. Right now, the law doesnt provide for any tied house rules, but only licensed dispensaries will be selling MMJ to qualifying patients and their caregivers (where, in contrast, cultivators and processors will sell cannabis only to retailers). And theres no mention of any MMJ entities having to be non-profit or that the owners of all of these entities must all be residents (with a narrow exception discussed below).
In addition, Ohio is going to strictly control both the forms of marijuana that can be administered to patients and how patients can consume that cannabis. Specifically, the new law states that only the following forms of medical marijuana maybe dispensed . . . oils;Tinctures;Plant material;Edibles;Patches; and any other form approved by the state board of pharmacy . . . Regarding patient use of cannabis for medical reasons, the smoking or combustion of medical marijuana is prohibited.The vaporization of medical marijuana is permitted;The state board of pharmacy may approve additional methods ofusing medical marijuana, other than smoking or combustion . . . [and] any form or method that is considered attractive to children, asspecified in rules adopted by the board, is prohibited. Lastly, plant material (which is currently undefined) can only contain THC up to 35%, and extracts can only have up to 70% THC content.
And in case youre interested in pursuing a cultivation, processing, or dispensary license in Ohio under its relatively limited MMJ regime, here are some highlights from House Bill 523:
- Cities and counties are free both to regulate and ban MMJ businesses.
- There are state buffer requirements. No licensee can be within 500 feet of a school, church, public library, public playground, or public park.
- The MMCP is going to be a part of the statesdepartment of commerce, and the MMCP is going to oversee licensing of testing facilities, cultivators, and processors. The state board of pharmacy is going to be in charge of licensing retail dispensaries, as well as registering patients and their caregivers. Both the MMCP and the board of pharmacy are going to administer the program. The state medical board will oversee physician recommendations of MMJ.
- The department of commerce is tasked with setting the usual rules associated with testing, growing and processing cannabis for medical use, which means everything from licensing standards and procedures and application fees to generating the criminal offenses that prevent an applicant from obtaining a license and deciding the number of licenses tobe allowed. The board of pharmacy must also establish the same rules for retail dispensaries.
- The board of pharmacy will also have a medical marijuana advisory committee which shall consist of the following individuals (some of whom will be appointed by the Governor and the remainder of whom shall be chosen by various members of the legislature): Two members who are practicing pharmacists, at least one of whomsupports the use of marijuana for medical purposes and at least one of whomis a member of the board of pharmacy;Two members who are practicing physicians, at least one of whomsupports the use of marijuana for medical purposes and at least one of whomis a member of the state medical board;A member who represents local law enforcement;A member who represents employers;A member who represents labor;A member who represents persons involved in mental healthtreatment;A member who is a nurse;A member ...
