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Ohioans with specified conditions could use medical marijuana under a doctor’s direction
By Marc Kovac
COLUMBUS
The Ohio House signed off on legislation Tuesday that would allow Ohioans with specified conditions to use medical marijuana under a doctor’s direction.
House Bill 523 passed on a vote of 71-26, capping a months-long process that included public hearings before a special task force and a select committee that developed the final package of law changes.
The vote was historic, with Republican lawmakers changing course on an issue they had long declined to support, in the face of a proposed constitutional amendment that backers hope to place before voters in November.
“As a member of the general assembly, we were elected to lead, not to be lead down a road of a constitutional amendment that would never be changed,” said Rep. Stephen Huffman of Tipp City, the Republican primary sponsor of the bill.
The bill next heads to the Ohio Senate for further consideration; a committee hearing is scheduled for today.
HB 523 would allow the use marijuana for medicinal purposes, though under the regulation and control of the state. It calls for a new Medical Marijuana Control Commission to develop the rules for the cultivation, processing, retail sale and licensure of related businesses through a process that would have to be completed within two years.
The panel would recommend any related fees, determine the number of cultivator and dispensary licenses and establish a registry to track patients and their medical conditions. Medical marijuana use would have to be directed by a licensed physician.
The commission would work with the state pharmacy and medical boards when developing recommendations for medical marijuana rules, which would ultimately have to be adopted by Ohio Department of Commerce.
“We are talking about a well-regulated system where doctors working with their patients can recommend medical marijuana to those who are seeking alternative forms of medicine,” said Rep. Kirk Schuring of Canton, a Republican who served as chairman of the Select Committee on Medical Marijuana. “... This is something that people who have a wide variety of medical conditions want, and we need to give them the option of seeking this alternative form of medicine.”
The legislation would prohibit home-grown marijuana, as well as smoked forms of the drug, though vaporization would be allowed.
“There will be those who claim that this bill is too restrictive because the bill does not allow people to smoke their medicine or grow it at home and self-diagnose and self-medicate,” said Rep. Tim Brown, a Republican from Bowling Green. “But we don’t allow that with any other form of medicine, either. We have an obligation to the vast majority of the rest of Ohioans who do not use marijuana in any shape to be methodical in our approach to this issue.”
Additionally, HB 523 specifies the medical conditions that would qualify for medical-marijuana treatments, including AIDS, Crohn’s disease, multiple sclerosis, Parkinson’s disease, sickle cell anemia, Tourette’s syndrome and traumatic brain injuries.
The state could add additional diseases or conditions in the future or make other changes, as needed.
State Rep. John Boccieri of Poland, D-59th, announced his opposition to the bill and its restrictions on working people who seek treatment under the new law.
“Unbelievably, this legislation permits employers to terminate workers who use medical marijuana,” Boccieri said. “To add insult to injury, it also denies employees workers’ compensation if they test positive at work and are fired for seeking treatment. The Legislature cannot have it both ways – either this is legitimate medicine that improves the quality of life for people, or it’s not.”