Ohio state has made significant strides in the regulation and legalization of medical marijuana. The Ohio Medical Marijuana Control Program (OMMCP), established under House Bill 523 in 2016, governs the cultivation, processing, and dispensing of medical marijuana in the state.
This program allows patients with qualifying medical conditions to obtain medical marijuana upon the recommendation of a certified physician.
Legal Requirements for Patients
Patients seeking medical marijuana in Ohio must meet several legal requirements:
- Qualifying Conditions: Only patients diagnosed with specific conditions, such as chronic pain, PTSD, cancer, or epilepsy, are eligible for medical marijuana use.
- Physician Recommendation: Patients must obtain a recommendation from a physician who is certified by the State Medical Board of Ohio to recommend medical marijuana.
- Registration: After obtaining a recommendation, patients must register with the Ohio Medical Marijuana Control Program. This involves providing proof of Ohio residency and paying a registration fee.
- Medical Marijuana Card: Once registered, patients receive a medical marijuana card, which allows them to purchase medical marijuana from state-licensed dispensaries.
Compliance Requirements
Patients and caregivers must adhere to specific compliance requirements to legally use medical marijuana in Ohio:
- Purchase Limits: Patients can only purchase a 90-day supply of medical marijuana at a time. The specific amount varies depending on the form of marijuana (e.g., flower, oil, edibles).
- Approved Forms: Medical marijuana must be used in approved forms, such as oils, tinctures, plant material, edibles, patches, and vaporizable forms. Smoking marijuana is not permitted.
- Usage Locations: Medical marijuana cannot be used in public places, workplaces, or in proximity to schools or daycare centers. It is intended for private use only.
- Possession Limits: Patients must adhere to the possession limits set by the OMMCP, ensuring they do not exceed the allowable amount of marijuana.
Latest Updates and Changes in Legislation
Ohio medical marijuana laws are subject to change as the state continues to refine its regulatory framework. Notable updates include:
- Expanded Conditions: The State Medical Board periodically reviews and adds new qualifying conditions. Recent additions include autism spectrum disorder and chronic migraines.
- Dispensary Growth: The number of licensed dispensaries has increased to improve patient access. As of 2023, Ohio has over 50 dispensaries across the state.
- Telemedicine: Due to the COVID-19 pandemic, temporary measures allowed for telemedicine consultations for medical marijuana recommendations. This has been extended to ensure continued access for patients.
- Legislative Proposals: Ongoing legislative efforts aim to refine the program, such as proposals to reduce patient registration fees, streamline the certification process for physicians, and improve patient access.
- Adult-Use Marijuana Sales: Ohio is preparing to begin adult-use marijuana sales ahead of schedule by mid-June 2024. Existing medical dispensaries will receive dual licenses to sell to adults, with significant tax revenues anticipated from these sales (NORML).
- Local Moratoriums: As of May 31, 2024, 56 Ohio municipalities have enacted moratoriums on adult-use marijuana businesses. These moratoriums are designed to control or delay the establishment of recreational cannabis businesses within these areas, impacting the local economic landscape and tax revenue distribution (Moritz Law).
- Recreational Use Legalization: Following the approval of a ballot proposal in November 2023, Ohio legalized the adult use of cannabis for non-medicinal purposes. Adults aged 21 and over can now buy and possess up to 2.5 ounces of cannabis and grow up to six plants at home for personal use. The state has established a Division of Cannabis Control under the Ohio Department of Commerce to oversee the industry, with provisional licenses to be issued by September 7, 2024. Sales will be subject to a 10% excise tax, with proceeds supporting social equity, job creation, and addiction treatment programs .
- Fee Elimination for Patients and Caregivers: Previously, patients paid $50 annually while caregivers paid $25. On March 4, the Division reduced the fee to one cent. Now, the Division is pleased to announce the complete elimination of the fee to provide further relief to patients.
Here’s what you need to know:
Effective Date: Beginning May 15, patients and caregivers will no longer need to submit any payment in the Medical Marijuana Patient & Caregiver Registry when activating a new registration or renewing an existing registration.
Activation and Renewal Process: To activate or renew a registration, the patient or caregiver must access the Registry, confirm the information provided is correct, and select “Activate Card” or “Renew Card.
Additional Information: More details about activating or renewing a patient or caregiver registration, including registering with veteran or indigent status, can be found here.
Conclusion
Understanding Ohio’s medical marijuana laws is crucial for patients seeking relief through this alternative therapy.
By staying informed about the legal requirements, compliance guidelines, and legislative updates, patients can ensure they use medical marijuana responsibly and legally within the state. As the landscape of medical marijuana continues to evolve, Ohio remains committed to providing safe and effective access for its residents.
