Ohio lawmakers OK medical-pot bill

May 26, 2016 at 12:11a.m.

COLUMBUS

Ohioans are a few steps closer to being allowed to use marijuana for medicinal purposes, under legislation finalized by state lawmakers Wednesday.

House Bill 523 passed by a narrow margin in the Ohio Senate, with the Ohio House concurring later before the end of its session – likely the last before lawmakers break for their summer recess.

The outcome was historic, marking a change in Republican-controlled chambers that long have opposed marijuana-legalization efforts.

“Before us today is a bill that decriminalizes the use of certain types of medical marijuana in Ohioans that meet certain criteria,” said Sen. Dave Burke, R-Marysville. “States do not have the right to legalize marijuana, but we do have the right to decriminalize in certain instances in certain ways, and that is exactly what this bill does.”

Wednesday’s passage also was a pre-emptive attempt by lawmakers to thwart a separate ballot issue. Ohioans for Medical Marijuana continues to collect signatures to place its broader medical marijuana legalization amendment before voters in November.

“This general assembly has taken a step forward on this issue,” spokesman Aaron Marshall said in a statement after Wednesday’s Senate vote. “Their support for medical marijuana speaks volumes for eliminating any remaining biases against allowing doctors to recommend this life-enhancing treatment to patients in need.”

He added, “Our constitutional amendment builds on the Legislature’s work by incorporating national best practices and offers voters an opportunity to enact a law free of the horse-trading inherent in the legislative process. Our amendment also protects the rights of patients in the Ohio Constitution, not leaving this important issue vulnerable to the reach of special interests.”

Under the legislation approved Wednesday, a new Medical Marijuana Advisory Committee would make recommendations for allowing use of the drug by approved patients. But HB 523 places ultimate regulatory control in the hands the Ohio Department of Commerce and the state pharmacy and medical boards.

Rules would cover the cultivation, processing and sale of the drug. Doctors would have to direct medical marijuana use for their patients, with limits on the amount of the drug they could possess.

The legislation lists more than 20 medical conditions that would qualify for marijuana use. It also bans smoked forms of the drug and home-grown supplies.

“It does not allow for recreational use,” Burke said.

Sen. Kenny Yuko, D-Richmond Heights, who has been pursuing the legalization of medical marijuana for more than a decade, added, “We’re not talking about money, we’re not talking about monopolies. We’re talking about changing lives of families all throughout Ohio – little children, veterans returning back from war, senior citizens in their final years or months on this earth looking for a little relief.”

Lawmakers weren’t exactly enthusiastic in their support of the law changes.

“I don’t like this bill,” said Sen. Bill Coley, R-West Chester, chairman of the committee that considered the legislation. But, he added, “It is the best option possible to prevent a travesty.”

Sen. Bill Seitz, R-Cincinnati, said provisions in the bill calling on the federal government to reclassify marijuana merited support for the bill from conservative members of the chamber.

“The problem here is the federal government continues to classify a drug that possibly has useful medicinal qualities as a Schedule 1 drug,” he said. “And that’s why we don’t have better medical research that shows what it’s good for. We are calling on the federal government to reschedule marijuana. Regardless of your views on marijuana, even recreational marijuana, nobody with a straight face could actually claim marijuana is more harmful than cocaine, yet marijuana is on Schedule 1 and cocaine is on Schedule 2. Now if that isn’t nuts, I don’t know what is.”

Senate Minority Leader Joe Schiavoni, D-Boardman, said the bill would allow doctors to direct use of medical marijuana in cases where addictive opiates currently are prescribed.

“We’re talking about derivatives from a plant that could help somebody with quality of life, and we have studies that show this can help,” he said.

The final vote in the Senate was a split 18-15, with bipartisan support and opposition. The concurrence vote in the Ohio House was 67-20.

“The bill continues to make the patient the focus,” said Rep. Stephen Huffman, R-Tipp City, primary sponsor of the bill, in urging House support for the final version of the bill.

The bill next heads to Gov. John Kasich for his signature and final enactment.

A spokesman for the governor said the administration would review the bill but would not comment on whether the governor planned to sign it.