Pain, Severe Nausea Among Medical Marijuana Amendment Conditions

Robert Celt

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More than a dozen medical conditions would qualify Ohioans to obtain medical marijuana -- with a physician's approval -- under a proposed constitutional amendment slated for the November ballot.

The amendment released Tuesday by the Marijuana Policy Project would allow patients to use marijuana as soon as it becomes law to treat severe pain, muscle spasms, post-traumatic stress disorder and other conditions without facing jail time. Commercial cultivation licenses would be available in 2017, and retail sales would likely begin in 2018.

Marijuana Policy Project estimates 215,000 Ohioans would sign up for the program.

If approved by voters in November, Ohio would be the 24th state to establish a comprehensive, state-regulated medical marijuana program. Another 17 states allow limited use of products with marijuana compound cannabidiol, or CBD.

Ohio voters last year overwhelmingly rejected a proposal to legalize recreational marijuana and approved an additional hurdle for future ballot issues seeking to enshrine a monopoly in the Ohio Constitution. But a poll commissioned by Marijuana Policy Project, a national organization, found 74 percent of Ohio voters support making medicinal marijuana a constitutional right.

Marijuana Policy Project Executive Director Rob Kampia said Tuesday that the group's political action committee Ohioans for Medical Marijuana is on track to raise enough money for a 2016 campaign. Kampia acknowledged state lawmakers are debating the issue this spring but said he has little hope they will establish a comprehensive program.

Who could access marijuana?

Patients could purchase and possess up to 2.5 ounces of usable marijuana -- enough for about 150 marijuana cigarettes.

Patients would need their doctor's approval to apply for a medical marijuana card. The card would allow them to grow up to six plants and purchase marijuana from a dispensary.

Each patient could also designate one adult "caregiver" to grow or purchase marijuana on his or her behalf. A caregiver could not grow marijuana for more than five patients.

The following "debilitating medical conditions: would initially be allowed, and the state could add more: cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, ulcerative colitis, agitation of Alzheimer's disease, and post-traumatic stress disorder.

Additionally, patients suffering from cachexia or wasting syndrome, severe debilitating pain, severe nausea, severe and persistent muscle spasms, and seizures would be eligible to possess marijuana.

Who could grow marijuana?

The amendment establishes two types of cultivation licenses:

Large-scale growers: Fifteen licenses will initially be available to large-scale growers. Each large cultivator can grow no more than 25,000 square feet of canopy. The license application fee would be $500,000.
Small-scale growers: Three months after large-scale licenses are awarded, the state will open the applications for small- and medium-scale growers. An unlimited number of licenses will be available to cultivators who can grow up to 5,000 square feet of canopy. The license application fee would be $5,000.
Kampia said the tiered licenses will ensure there is enough money and marijuana to start the program, as well as spacing out applications so they don't get stalled by red tape.

Licenses for manufacturing, distribution, testing, and retail businesses would be available for $5,000.

Business licenses would only be available to Ohio residents who are at least 21 years old without recent felony convictions. Marijuana grow facilities and stores could not be located within 500 feet of schools, churches, libraries, and public parks and playgrounds.

How would the program be regulated?

A new Medical Marijuana Control Division would license businesses and approve patients' applications. The five-member division would develop and enforce many of the rules, such as how marijuana products would be tested and packaged. The Ohio Department of Commerce would appoint members by January 2017: a licensed physician, a law enforcement officer, a licensed attorney experienced with administrative law, a patient advocate, and a public health expert.

A nine-member Medical Marijuana Advisory Board would be appointed by the Ohio Department of Health to make recommendations for the division.

Sales tax would apply to marijuana sales, but the amendment prohibits state lawmakers from levying additional taxes.

Local governments could limit the number of marijuana businesses in their communities, but an outright ban on the industry would have to be approved by voters there.

What do opponents think of the amendment?

Tony Coder, assistant director of Ohio-based Drug-Free Action Alliance, said the proposed amendment is not much different than Issue 3. Coder said a few lucky growers and distributors will get all the profit and "the rest of Ohio will get all the problems."

"Today's proposal is just another smoke screen intended to expand the availability and use of marijuana to hundreds of thousands of Ohioans who have no real medical need and increase the use and abuse of marijuana and other drugs in our schools, families, neighborhoods and workplaces," Coder said in a statement.

Drug-Free Action Alliance supports further research on compounds and medicines derived from marijuana.

What's next?

Amendment backers must submit 1,000 signatures and an amendment summary to the Ohio attorney general, the first step in the process to put the measure on the November ballot. If certified by the attorney general, the Ohio Ballot Board would then decide whether the proposed amendment is one or multiple ballot issues.

Then supporters could begin collecting the 305,591 signatures of registered Ohio voters necessary to qualify for the ballot. Signatures are due July 6 for the November ballot.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Pain, Severe Nausea Among Medical Marijuana Amendment Conditions
Author: Jackie Borchardt
Contact: Cleveland.com
Photo Credit: Anthony Souffle
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