Issue link: https://viewer.e-digitaledition.com/i/748338
ON SEPTEMBER 8, 2016, Ohio became the 25th state to legalize a comprehensive medica l cannabis (medica l marijuana) program, perhaps in part to combat the opioid epidemic by oering relief to those suering from intractable pain caused by a nu mber of recog n i zed med ica l conditions. Ohio's Medica l Marijuana Control Program Law (Sub. H.B. 523), however, creates more questions than it currently answers. W hile the law is intended to lega lize t he cu ltivation, dispensing a nd consumption of cer- ta in ma rijua na-conta ining products, a complex regulatory framework must first be built and put in place before the Program can function. Sub. H.B. 523 establishes a Medical M a r i j u a n a A d v i s o r y C o m m i t t e e authorized to make recommendations c onc er n i n g t he P rog r a m t o Oh io's Depa r tment of Commerce, Boa rd of Pharmacy, and State Medica l Board, each of which over the next year must issue regulations to govern the Program. The regulations will address licensure of medical marijuana cultivators, proces- sors, laboratories that will test medical marijuana, and retail dispensaries; the registration of patients who will be able to use medical marijuana and their care givers; and the process by which the Ohio State Medical Board will grant physi- cians certificates to recommend medical marijuana to patients. The Committee is made up of 14 indi- viduals, including practicing pharmacists and physicians, a nurse, representatives of local law enforcement, employers, labor, agriculture, mental health professionals, caregivers, patients, a lcohol and drug addiction treatment professionals and academic researchers. It includes both staunch opponents to legalizing recre- ational marijuana and staunch supporters of medical marijuana, which likely will result in spirited meetings. Under Ohio's framework for issuing regulations, all rules must be reviewed by Ohio's Joint 1 Committee on Agency Rule Review (JCARR) and Ohio's Common Sense Initiative (CSI). The CSI process is intended to require that rulemaking balance a rule's regulatory intent with the impact it will have on businesses. Accordingly, JCARR may recommend that any rule be invalidated if it exceeds the proposing agency's statutory author- ity; conflicts with an existing rule of the proposing agency or a rule of another state agency; conflicts with legislative intent; does not contain a complete and accurate rule summary and fiscal analysis; does not incorporate by reference standards for a text or other material required by Ohio law; or under the CSI process, has an adverse impact on business which has been demonstrated through a business impact analysis and the rule's regulatory intent does not justify its adverse impact on business. However, there are certain aspects of Ohio law that are left unchanged by H.B. 523. Ohio's Medica l Marijuana Control Program does not aect an employer's ability to prohibit marijuana use by its employees, fire or refuse to hire employ- ees who use marijuana, or establish and enforce a drug testing policy, drug-free workplace policy or zero-tolerance policy. HOW THE NEW LAW AFFECTS PHYSICIANS Physicians themselves — or in response to patient inquires — may reasonably ask what they can or cannot currently do under the new law. Until the State Medical Board of Ohio issues final regulations for issuing certificates, Ohio physicians cannot recommend or prescribe the use of medical marijuana to patients. Because patients a re able to obta in medical marijuana in other states where it is lega l (the closest is Michiga n), it wou ld be pr udent for phy sicia n s t o a sk patients whether they use medi- ca l ma rijua na , since that could pose contra indications or adversely a ect medications prescribed. J o e F e l t e s i s a n a t t o r n e y w i t h Buckingham, Doolittle & Burroughs in Canton, OH, and a member of its Health & Medicine Practice G roup. He is also the managing partner of Buckingham Canton. For more information about the law firm, go to www.bdblaw.com or e-mail Mr. Feltes at JFeltes@BDBLAW.com. J i m S i m o n i s a n a t t o r n e y w i t h Buckingham, Doolittle & Burroughs in Akron and a member of its Real Estate & Construction and Public Law Practice Groups. For more information about the law firm, go to www.bdblaw.com or e-mail Mr. Simon at JSimon@BDBLAW.com. ■ R eference 1. Aptly named! Leaves Doctors Hungry for More Information BY JAMES SIMON, JD, AND JOSEPH J. FELTES, JD OHIO'S MEDICAL MARIJUANA LAW 1 2