Reluctant Or Not, Lawmakers Send Medical Marijuana To Kasic

Christine Green

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After passing a reluctant Senate by just three votes, Ohio is poised to become the latest state to legalize medical marijuana, so long as Gov. John Kasich signs it into law.

After more than a day of uncertainty about whether the bill had enough support in the Senate, the chamber voted 18-15 Wednesday afternoon, passing the bill despite opposition votes from the top two members of Senate Republican leadership – Senate President Keith Faber, R-Celina, and Sen. Larry Obhof, R-Medina. The House concurred 67-28 late Wednesday night.

Sen. Dave Burke, R-Marysville, a licensed pharmacist who led the Senate effort on the bill despite his own reservations, said it "reflects the will of Ohioans" and, unlike a ballot issue, it can be changed.

"The bill is subject to change and mature as Ohioans change and mature," he said, adding later, " Evil flourishes when good people do nothing."

With polls showing that nearly 90 percent of Ohioans support medical marijuana, lawmakers acted ahead of a likely medical marijuana ballot issue in November that seeks to put the issue into the state Constitution and allow smoking and home-grown pot.

Sen. Kenny Yuko, D-Richmond Heights, a long-time proponent of medical marijuana, highlighted testimony that senators heard from those who would benefit from the law change, including soldiers returning home from war.

"Yes we do need more research, but let's do that research in the state of Ohio ... and help Ohioans in the process," he said. "This bill is not perfect, but it's what Ohio patients need."

Sen. Jay Hottinger, R-Newark, opposed the bill, calling the list of about 20 allowable conditions too broad. He also said he was contacted by prosecutors, law enforcement and anti-drug activists in his district asking him to oppose it.

"There is not ample enough evidence, medical research and clinical data for what ailments are potentially benefited from medical marijuana," he said.

Faber, looking to run statewide in 2018, said he also heard concerns from law enforcement and thought it was too broad. "If it were just about kids and epilepsy or cancer patients, I don't know anyone who would be opposed to that."

Some Democrats opposed it because it didn't go far enough, and that Ohioans could be fired for taking legally prescribed marijuana if it violates an employer's drug-free policy, including loss of unemployment compensation.

Sen. Kevin Bacon, R-Minerva Park, voted for the bill, saying he was 50.1 percent in favor, as did Sen. Charleta B. Tavares, D-Columbus. Sen. Jim Hughes, R-Upper Arlington, opposed it.

The potential ballot issue, pushed by Ohioans for Medical Marijuana, a group affiliated with the Marijuana Policy Project, would include fewer restrictions than the legislative-crafted bill, such as allowing for home-grown marijuana and allowing patients to smoke the drug. Aaron Marshall, spokesman for former group, said signature collection would continue, arguing the amendment "builds on the legislature's work by incorporating national best practices."

Kasich has promised to campaign vigorously against the ballot proposal.


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