06/23/2016

Ohio Legislature Votes to Allow Limited Use of Medical Marijuana

On May 25, the Ohio state legislature passed a bill that will legalize the use of marijuana in particular forms to treat certain medical conditions. LeadingAge Ohio’s lobbying firm, Barnes and Thornburg, has prepared the following clarifications which will help providers understand the scope of the bill, and how it may impact their practice. Physicians must apply in order to recommend medical marijuana as a treatment for qualifying patients. Patients will then apply for a license to purchase medical marijuana from licensed dispensers. The bill creates a medical marijuana advisory committee, which will oversee the criteria for obtaining and keeping licenses, among other things.

The details for each party, as specified by the bill, are as follows:

Physicians

• Physicians must apply to the state medical board for a certificate to recommend medical marijuana to patients.

• Physicians licensed to recommend medical marijuana can do so if
  • The patient has been diagnosed with a qualifying medical condition.
  • There is a genuine patient-physician relationship.
  • There has been an in-person physical exam.
  • There has been a review of the patient’s medical history.

• Physicians may recommend to minors if the aforementioned conditions are met and there is consent given by the appropriate parent or guardian.

• Physicians will submit, on behalf of their patient, an application for use of medical marijuana, which requires
  • A genuine patient-physician relationship.
  • The patient has been diagnosed with a qualifying medical condition.
  • The physician has informed the patient of the risks of marijuana.
  • The physician has concluded the benefits outweigh the risks of medical marijuana.

• Recommending physicians are immune from civil liability, not subject to professional disciplinary action by the state medical board or state board of pharmacy, and are not subject to criminal prosecution for any of the following:
  • Advising a patient about the benefits and risks of medical marijuana to treat a qualifying medical condition.
  • Recommending medical marijuana to treat a qualifying condition.
  • Monitoring a patient’s treatment with medical marijuana.

Patients

• Patients must have one of the following medical conditions: AIDS, Alzheimer’s disease, ALS, Cancer, CTE, Crohn’s disease, Epilepsy, Fibromyalgia, Glaucoma, Hepatitis C, Inflammatory bowel disease, Multiple sclerosis, Chronic or severe pain, Parkinson’s disease, are HIV positive, PTSD, Sickle cell anemia, Spinal cord disease or injury, Tourette’s syndrome, Traumatic brain injury, or Ulcerative colitis.
  
  
• Patients must apply to the state board of pharmacy for registration.
  
  
• Patients properly registered may use and possess marijuana and paraphernalia.

Timeline

• The law is in effect 90 days after signing by the governor of Ohio.
• The medical marijuana advisory board has up to one year to establish stands and procedures for the medical marijuana control program.

Prepared for LeadingAge Ohio by Barnes & Thornburg.