Ohio Lawmakers To Introduce Comprehensive Medical Marijuana Bill

Robert Celt

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State lawmakers said Wednesday they will introduce a medical marijuana bill this week, but many of the details won't be known until months after it has passed the General Assembly.

Legislative leaders said at a Wednesday press conference they plan to fast-track the bill to Gov. John Kasich before they leave town in June, ahead of a proposed ballot measure in November. If passed by summer, Ohioans could buy and use marijuana by early 2018.

Patients would not be allowed to grow their own marijuana, and Ohio-licensed physicians would be the only medical professionals allowed to recommend marijuana to patients.

Rep. Kirk Schuring, a Canton Republican, said details, such as who could grow and sell marijuana, would not be decided in the bill. Instead, the bill leaves those decisions to a new nine-member commission appointed by the governor under the Ohio Department of Health.

Schuring said patients would be able to obtain marijuana within two years of the bill's passage, and likely sooner.

Here's what he said is in the bill:

  • The Marijuana Control Commission would have one year to create rules for the program.
  • Edibles, patches, plant material, and oils will be allowed.
  • Dispensaries would operate similar to Ohio's liquor control system -- limited by population and communities could choose to deny them.
  • There's no list of qualifying medical conditions, but doctors would have to report every 90 days what conditions they have recommended marijuana for, what forms of marijuana they recommended, and why it was preferable to another medicine.
  • It provides a "safe harbor" for financial institutions that do business with marijuana businesses.
  • It explicitly allows employers to maintain drug-free workplaces and does not require employers to make accommodations for patients using medical marijuana.
  • It urges the U.S. Attorney General and Drug Enforcement Administration to reclassify marijuana as a Schedule II controlled substance instead of Schedule I, which supporters say will encourage more research.
Where did the bill come from?

The bill is the result of more than 24 hours of testimony taken by the 15-member House Medicinal Marijuana Task Force.

Most panel members were individuals or organizations that opposed Issue 3, the 2015 ballot measure that would have legalized recreational and medical marijuana in Ohio. Two panel members -- attorney Chris Stock and businessman Jimmy Gould -- were leaders in ResponsibleOhio, the group behind Issue 3.

The panel held semi-weekly hearings, where many people testified in support of legalizing marijuana for some medical use and others, including physicians and mental health and addiction specialists, urged caution.

Schuring, who chaired the task force, said they heard from more than 100 witnesses.

Who's against the bill?

The Ohio State Medical Association, which represents thousands of Ohio physicians, was quick to oppose the bill. The organization supports clinical research on the possible medical benefits of using marijuana and said in a statement that the proposed legislation "draws conclusions about the medicinal benefits of marijuana absent conclusive clinical research."

"OSMA policy is consistent with procedures that must be successfully completed before any legal drug is approved as medicine for the safety and benefit of patients," the statement said.

Association spokesman Reginald Fields later clarified the organization's position as not totally opposed to the bill. Fields said there are several parts of the bill it supports, such as requiring licensed Ohio physicians to recommend marijuana and moving marijuana from a Schedule I controlled substance to a Schedule II controlled substance.

Fields said legislation that can be revised and debated is a better alternative than a ballot measure.

What's the Senate doing?

Senate President Keith Faber said Tuesday afternoon he had not seen the House plan, but Senate Republicans planned to discuss the issue Tuesday evening. Faber said his chamber will likely pass legislation before lawmakers leave Columbus in early June.

Faber said anything the legislature passes would be "narrow in scope."

Sen. David Burke has been working on legislation but it's possible the Senate would throw its support behind the House bill. Burke and Democrat Sen. Kenny Yuko traveled the state earlier this year to hear about the issue from Ohioans.

Burke said regardless of which chamber leads, the legislation will reflect a "public process."

"It's not about creeping special interests or using the word medical as a marketing tool," Burke told reporters Tuesday. "It's reflecting the wills and values of our friends and neighbors in the district."

Yuko, a longtime medical marijuana advocate, said Wednesday that the bill is a great start and he thinks both chambers can work together to pass effective, patient-focused legislation.

What about the proposed ballot initiatives?

House Speaker Cliff Rosenberger said it would be "extremely irresponsible" for ballot initiative groups to continue without joining the legislative effort.

"We're showing that we are taking this extremely seriously and we had the opportunity to bring a lot of folks forward to give good input," Rosenberger said.

Marijuana Policy Project, the national organization backing a proposed medical marijuana amendment, contacted Rosenberger's office in February, but the speaker did not respond, according to spokesman Mason Tvert. Tvert said the Ohio Constitution grants the authority for lawmakers to write laws and for voters to create laws when they think their legislators have failed, and Rosenberger's comments were offensive.

"We commend the legislature for finally taking this issue on and look forward to following their progress," Tvert said. "But it would be foolish for us to think they will accomplish in the next six months what they have failed to accomplish in the last six years so we're going to move forward with what we think is the best possible medical marijuana law for the state of Ohio."

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Ohio Lawmakers To Introduce Comprehensive Medical Marijuana Bill
Author: Jackie Borchardt
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