INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE | STATE OF OHIO
WHAT ARE THE QUALIFYING MEDICAL CONDITIONS THAT MAY BE TREATED WITH MEDICAL MARIJUANA?
Certified physicians may recommend medical marijuana only for the treatment of a qualifying medical condition. Under Ohio law, all of the following are qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.
CAN NEW QUALIFYING MEDICAL CONDITIONS BE ADDED?
Yes. The law authorizes an individual to petition the Medical Board to add a disease or condition to the list of qualifying medical conditions. The Medical Board is currently developing a petition process and will provide more information once it is finalized.
DO I NEED TO REGISTER IN ORDER TO OBTAIN MEDICAL MARIJUANA?
The Board of Pharmacy is currently developing rules on how this process works, including fees associated with registration and the registration renewal period. All rules on patient and caregiver registration must be finalized no later than September 2017.
HOW LONG IS A PATIENT OR CAREGIVER REGISTRATION VALID?
A registration will have an expiration date and need to be renewed. The renewal period will be established in rules adopted by the Board of Pharmacy.
WILL MY REGISTRATION STATUS BE MADE PUBLICLY AVAILABLE?
No. The law prohibits the Board of Pharmacy, as well as licensed dispensaries, from making personal identifying information public. Physicians and those employed by dispensaries will be able to verify a patient or caregiver’s registration.
WHERE WILL I BE ABLE TO OBTAIN MEDICAL MARIJUANA?
Medical marijuana will be available from retail dispensaries licensed by the Board of Pharmacy. The Board of Pharmacy is currently developing rules on the licensing of medical marijuana dispensaries.
WHAT FORMS OF MEDICAL MARIJUANA WILL BE AVAILABLE?
The following forms of medical marijuana are permitted: oils, tinctures, plant material, edibles and patches. The law prohibits the use of medical marijuana by smoking or combustion, but does allows for vaporization (vaping). The law prohibits any form that is attractive to children.
WILL MEDICAL MARIJUANA BE AVAILABLE TO MINORS?
Yes. However, a certified physician may recommend treatment with medical marijuana only after obtaining the consent of a parent or another person responsible for providing consent to treatment.
WILL I BE PERMITTED TO GROW MEDICAL MARIJUANA FOR PERSONAL CONSUMPTION?
No. The law prohibits the cultivation of medical marijuana for personal, family, or household use.
HOW MUCH MEDICAL MARIJUANA WILL A REGISTERED PATIENT OR CAREGIVER BE ABLE TO POSSESS AT ONE TIME?
The amount of medical marijuana possessed by a registered patient or caregiver must not exceed a 90-day supply. The Board of Pharmacy will be developing rules to determine the amount of medical marijuana that equals a 90-day supply.
In the case of a registered caregiver who provides care to more than one registered patient, the caregiver must maintain separate inventories of medical marijuana for each patient.
WILL I BE ABLE TO USE MY MEDICAL MARIJUANA REGISTRATION CARD IN OTHER STATES? WILL AN OUT-OF-STATE CARD BE RECOGNIZED IN OHIO?
The law requires that the Board of Pharmacy attempt to negotiate and enter into reciprocity agreements with other states. Before entering into an agreement with another state, the Board must determine that both of the following apply:
(1) The eligibility requirements imposed by the other state in order to obtain a registry identification card are substantially comparable to Ohio’s requirements; and,
(2) The other state recognizes a patient or caregiver registration and identification card issued in Ohio.
DOES OHIO RECOGNIZE MEDICAL MARIJUANA CARDS ISSUED BY OTHER STATES?
Currently, Ohio does not recognize medical marijuana registry cards issued in other states. The law requires that the Board of Pharmacy attempt in good faith to negotiate and enter into reciprocity agreements with other states. If Ohio does enter into a reciprocity agreement with another state, more information will be posted to the OMMCP website.
WHAT IS REQUIRED OF A PHYSICIAN TO RECOMMEND MEDICAL MARIJUANA NOW THAT HOUSE BILL 523 IS EFFECTIVE?
A physician is not permitted to issue a state of Ohio approved written recommendation to use medical marijuana until the physician has obtained a certificate to recommend from the State Medical Board of Ohio. Per Bill 523, the rules outlining the standards and process needed to obtain such a certificate to recommend will be developed no later than September 8, 2017. For more information, please visit the website for the State Medical Board of Ohio.
As a way to protect patients and parents or guardians of minor patients who seek to use marijuana prior to the creation and implementation of all the administrative rules necessary to run the Ohio Medical Marijuana Control Program, HB 523 created an affirmative defense for certain marijuana-related crimes. According to the law, a patient, parent, or guardian can only raise an affirmative defense if they have, among other requirements, received a written recommendation from his or her doctor that certifies a certain number of criteria are met. The Board recommends that physicians consult with their private legal counsel and/or employer for interpretation of the legislation.
HOW CAN I VERIFY THE INFORMATION FOUND HERE?
All information included in this area can be verified by visiting The State of Ohio Medical Marijuana Program website at http://www.medicalmarijuana.ohio.gov/patients-caregivers
AUTHOR: STATE OF OHIO