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Senate starts hearings on legislation to legalize medical marijuana
By Marc Kovac
COLUMBUS
The Ohio Senate began hearings Wednesday on legislation to legalize medical marijuana, a day after the Ohio House signed off on the bill.
The short hearing before the State and Local Government Committee included testimony from Rep. Stephen Huffman, a Republican from Tipp City, the primary sponsor of House Bill 523, followed by questions from a few senators.
Several voiced concerns with the legislation as written, offering a snapshot of possible future amendments.
Sen. Bill Seitz, a Republican from Cincinnati, who was supportive of legalizing medical marijuana, questioned several provisions, including wondering how the state could categorize marijuana as a legal drug when the federal government has not.
“I’m scratching my head wondering how a state can put on state Schedule 2 a drug that the federal government and Congress says is Schedule 1,” he said. “How are you able to do that without running afoul of some federal restriction, etc.?”
Seitz also questioned a ban on radio and television advertising of the drug.
“My concern is that as written, that’s probably unconstitutional because we don’t ban the advertising of any other kind of medicine on TV,” he said. “And secondly, it’s probably unnecessary. Again, as long as marijuana is Schedule 1 illegal under the federal law, no broadcaster is going to broadcast such ads anyway because the FCC will come down on them like a ton of bricks and pull their license.”
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. The Ohio Department of Commerce would have to adopt the final rules through a process that would have to be completed within two years.
Medical marijuana could only be used under a doctor’s direction. Among other provisions, the legislation would prohibit home-grown marijuana, as well as smoked forms of the drug, though vaporization would be allowed.
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.
Sen. Bill Coley, R-West Chester, who serves as chairman of the committee considering the bill, said the payment provisions for medical marijuana were problematic.
“You’re pretty much looking at a barter or a cash system,” he said. “Your system, if we have to leave it that way, could create a plethora of problems with money laundering and cash and security problems relative to cash.”
Sen. Tom Patton, R- Cleveland, said groups in his district are not supportive of the bill, noting that federal regulators have not yet approved the use of medical marijuana.
Patton also questioned whether concerns about a potential November medical marijuana ballot issue were pushing legislative action on the issue.
“Would we be passing this bill or even entertaining passing this bill if it wasn’t for the fear that this independent group is going to go to the ballot and create a worse bill?” he asked. “We’re now being guided by fear and the fear of what somebody else would do.”
Huffman acknowledged concerns about the ballot issue, saying HB 523 provides an alternative for residents wanting to legalize marijuana.