Medical cannabis in Ohio would meet specific needs

There’s good news and bad news on the medical marijuana front in Ohio.

The good news is that the state constitution will not be polluted by an amendment that would have legalized the use of cannabis for medicinal purposes.

The bad news: A medical marijuana bill passed by the Ohio General Assembly and awaiting Gov. John R. Kasich’s signature is as hazy as a used water pipe.

There are so many aspects to House Bill 523 the Senate approval last week that it will be months before cannabis oil, marijuana brownies or other forms of the drug are available for use by individuals suffering from specific medical ailments.

Indeed, the refusal last Thursday by Kasich’s spokesman to say whether the governor will sign the legislation into law is the proper course of action given this significant change in public policy.

“He’s said if we need it and we got a good bill, he’d be OK with said,” spokesman Joe Andrews told the Cleveland Plain Dealer. The law would take effect 90 days after it is signed.

On the other hand, if Kasich chooses not to do anything with the bill, it would become law 10 days after he receives it.

While we have misgivings about HB 523, especially with regard to the policing of the medical marijuana use, we are pleased that the action by the Republican-controlled General Assembly has derailed the proposal to amend the constitution.

Ohioans for Medical Marijuana were circulating petitions to get the issue on the November general election ballot when the House and Senate passed the legislation.

In April, we reiterated our opposition to any attempt to use the constitution to accomplish a change in public policy.

Just as we did last year when we strongly opposed a constitutional amendment to legalize the recreational and medical use of marijuana – the voters agreed with us – last month we urged Ohioans not to sign the petitions.

We weren’t convinced that a non-governmental entity should dictate the terms and conditions of cannabis use.

As we said in the editorial in April, “Ohio’s senators and representatives aren’t blind to the fact that there are individuals in the state who have legitimate medical conditions for which marijuana could be a godsend.”

Law-enforcement concerns

During hearings in the General Assembly, witnesses talked about medical conditions being ameliorated by the use of marijuana. On the other hand, members of the law-enforcement community and others warned that cannabis is the gateway to more-serious drug use and the cause of increased crimes.

That is why we believe that if the governor signs HB 523 into law, the top priority in its implementation must be the adoption of rules and regulations to guard against the illegal use of cannabis.

The legislation contains a long list of medical conditions that would qualify for medical marijuana, including HIV/AIDS, amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, epilepsy and Crohn’s disease.

There’s also the issue of workplace drug testing.

According to The Plain Dealer, the bill protects the rights of employers to fire employees for any reason or no reason at all. Ohio is an at-will state.

The measure specifies that medical marijuana patients could be fired for marijuana use, even if it’s not while at work and a doctor approved it, if the employer has a drug-free or zero-tolerance policy on the books, The Plain Dealer reported.

There will be a 14-member Medical Marijuana Advisory Committee appointed by the governor and legislative leaders to help develop the rules and regulations. The committee will include two pharmacists, two physicians, a nurse, a researcher and representatives of law enforcement, employers, labor, patients, caregivers, agriculture, mental health and drug and alcohol addiction treatment.

The department of commerce will determine how many cultivator licenses will be issued and set cultivator standards.

We would urge the various entities involved in developing the operational standards to solicit public input. After all, medical cannabis is designed to meet the needs of patients who are going through difficult periods in their lives.