Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, December 15, 2016

Outline of Ohio's medical marijuana regime emerges with release of proposed regulations

Images (3)This local article, headlined "Ohio medical marijuana dispensary, physician rules released," suggests that medical marijuana advocates might feel a bit warmer on a cold winter day in central Ohio due to the release of proposed details for the implementation of the state's medical marijuana law. Here are the basic details:

Up to 40 medical marijuana dispensaries would be licensed in Ohio under draft rules released Thursday morning. Would-be dispensary owners would have to pay a $5,000 application fee and an $80,000 license fee every other year. Applicants must show they have liquid assets totaling at least $250,000.

Dispensaries would have to hire a pharmacist, nurse, physician or physician's assistant to train employees, develop patient educational materials and be on-call or on the premises during operating hours. Dispensary employees would also have to, by law, report all medical marijuana purchases to the state controlled substances database, OARRS, within 5 minutes of dispensing a product.

A separate set of rules released Thursday requires doctors to take two hours of continuing education classes about medical marijuana as one of several requirements to become certified to recommend marijuana to patients. Certified physicians are barred from owning a dispensary or other medical marijuana business.

The Ohio Medical Marijuana Advisory Committee will review the rules at its meeting Thursday. Public comment will be collected on both physician and dispensary rules until Jan. 13, 2017.

Ohio's medical marijuana law allows patients with 20 medical conditions to buy and use marijuana if recommended by a doctor. The law prohibits smoking and growing marijuana at home. The law left most of the regulatory details, including how to license growers and register patients, to the Ohio Department of Commerce, Ohio State Board of Pharmacy and Ohio State Medical Board to decide over the next year.

The State of Ohio Board of Pharmacy drafted the dispensary rules, and the medical board developed the guidelines for physicians.

The proposed Ohio dispensary rules (which run 66 pages) are available at this link.

The proposed Ohio physician rules (which run 13 pages) are available at this link.

Medical community perspectives, Medical Marijuana State Laws and Reforms, Who decides | Permalink


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