Ohio’s Medical Marijuana Laws
On September 8, 2016, Ohio’s Medical Marijuana Control Program was established by HB 523. Ohio law requires the Ohio Medical Marijuana Control Program to be fully operational on or around September 8, 2018. Under Ohio law, the following are qualifying conditions for medical marijuana:
- Acquired immune deficiency syndrome (AIDS)
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
- Chronic traumatic encephalopathy
- Crohn’s disease
- Epilepsy or other seizure disorders
- Hepatitis C
- Inflammatory bowel disease
- Multiple Sclerosis
- Pain that is either of the following nature: (i) Chronic and severe; or (ii) Intractable
- Parkinson’s disease
- Positive status for HIV
- Post-traumatic stress disorder
- Sickle cell anemia
- Spinal cord disease or injury
- Tourette’s syndrome
- Traumatic brain injury
- Ulcerative colitis
Patient possession have not yet been satisfied under Ohio law. While home cultivation is not permitted under Ohio law, provisions in the law provide limited legal protections from qualifying patients who acquire cannabis from out-of-state sources prior to the operation of state-licensed dispensaries. In Ohio, it is illegal to have more than a 90-day supply of medical marijuana products at any one time. This rule is the same regardless of the product. Full details regarding a 90-day supply can be found in Ohio Administrative Rule 3796:8-2-04.
All medical marijuana patients and their caregivers are required to register with the State Board of Pharmacy. Full details regarding registration as a patient or caregiver can be found in Chapter 3796:7-2 of the Ohio Administrative Code. A patient or caregiver registration will be valid from the date of issuance and expire one year later, on the last day of the month it was issued. If the patient is diagnosed as terminally ill, the patient’s registration will expire after six months. Medical marijuana will be available from retail dispensaries licensed by the Board of Pharmacy. Once the Board of Pharmacy has completed its dispensary licensing process, dispensary locations will be made available through this site. The following forms of medical marijuana are permitted: oils, tinctures, plant material, edibles, and patches. The law prohibits the use of medical marijuana by smoking or combustion, but does allows for vaporization (vaping). Medical marijuana will be available to minors. However, a certified physician may recommend treatment with medical marijuana only after obtaining the consent of a parent or another person responsible for providing consent to treatment.
If you have any questions or need help understanding Ohio medical marijuana law, contact the Tyack Law Firm by calling (614) 221-1342 or by using this online contact form to speak with a medical marijuana attorney in Columbus Ohio.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the Tyack Law Firm Co., L.P.A., or the individual author, nor is it intended to be a substitute for legal counsel or representation on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, county, or other appropriate licensing jurisdiction.