What Will Ohio's Medical Marijuana Program Look Like?

Katelyn Baker

Well-Known Member
Columbus - Ohio lawmakers legalized medical marijuana three months ago, but figuring out who can grow it, sell it and use it will take another couple years.

Right now, the people overseeing Ohio's new medical marijuana program are creating rules on how many companies can grow medical marijuana, how many stores can sell it and how doctors can recommend it. These people, who are spread across several government agencies, estimate their rules will be written and implemented by September 2018 — two years after Ohio lawmakers legalized medical marijuana.

In the meantime, patients can use medical marijuana obtained from other states. But many doctors are wary of recommending medical marijuana while Ohio works out its guidelines and the federal government still considers marijuana among the most dangerous drugs.

Many questions remain about how Ohioans will access medical marijuana, but proposed rules offer a glimpse into what the program will look like.

How many sites could grow medical marijuana?

The Ohio Department of Commerce recommended 18 initial grow sites: 12 larger ones with up to 15,000 square feet of space, or about a third of a football field, and six smaller ones with 1,600 square feet of growing space. The state could add more later if there is a demand for more sites.

Medical marijuana advocates worry that 18 sites aren't enough to start serving Ohio patients. They estimate 1 to 2 percent of the state's population, between 100,000 and 200,000 patients, would seek medical marijuana. That number is in line with Michigan, which has about 180,000 patients.

Some states permit more cultivators. Pennsylvania plans to allow 25 grow sites with no limit on their size. Michigan allows home grow, which will not be permitted in Ohio. An Ohio ballot initiative in fall 2015 would have allowed only 10 sites, which were reserved for wealthy investors.

To avoid a monopoly, no cultivator could own more than one site, and they would have to be spread across Ohio. Large sites would pay a $20,000, one-time application fee and $180,000 licensing fee annually. The smaller sites would pay a $2,000 initial application fee and a $18,000 licensing fee each year.

The Ohio Department of Commerce must finalize its rules on grow sites, including the number allowed, by May 6.

How many places can sell medical marijuana?

The Ohio Board of Pharmacy recommended 40 dispensaries through Sept. 8, 2018, when the medical marijuana program is expected to be up and running. After that point, Ohio could add more dispensaries if there is a demand for more shops. Ohio has 88 counties so that limit would guarantee the many Ohioans would have to drive to another county to get medical marijuana.

Each shop would have to have at least one pharmacist, nurse, physician or physician's assistant either present or easily reached during store hours. Each dispensary owner must pay a one-time $5,000 application fee and an $80,000 operating fee every two years.

How many doctors will recommend medical marijuana?

It's hard to say. Just over 30 percent of physicians surveyed by the Ohio State Medical Board said they were somewhat or highly interested in recommending medical marijuana.

Physicians said they would be more likely to recommend medical marijuana if they could review more peer-reviewed research, attend training or see the U.S. Drug Enforcement Agency reduce marijuana to a less dangerous drug level.

Which doctors can recommend medical marijuana?

Once the medical marijuana program is running, doctors will need a certificate to recommend medical marijuana in Ohio.

To get a certificate, they must have an active license to practice medicine in Ohio, be registered with the state tool used to track dispensing prescription drugs, take two hours of classes on diagnosing and treating conditions with medical marijuana and have no financial interests in medical marijuana companies.

There is no fee to obtain a certificate, but the classes could cost more than $250.

Can doctors recommend medical marijuana by telemedicine?

No. Ohio's new law requires patients to meet with doctors face-to-face. Lawmakers feared patients could use Skype to doctor shop. But some worry there will not be enough doctors interested in recommending medical marijuana to serve people in rural areas.

How will physicians keep medical marijuana patients from doctor shopping?

Physicians would check a patient registry to see if the person is already receiving a recommendation for medical marijuana from another doctor. Patients would not be allowed to have more than one recommendation in the system, so any new recommendation would cancel out the earlier one.

Physicians can terminate patients' recommendations at any time if they have concerns that patients or their caregivers are abusing or diverting medical marijuana.

Can new conditions be added to the list?

Yes. Once a year, people can petition for new conditions to be added. Those petitions must include a description of the medical condition and scientific evidence that medical marijuana could treat or alleviate that condition.

I have concerns about these proposed rules. What can I do?

The Ohio Board of Pharmacy is accepting public comment about its recommendations for dispensaries through Jan. 13. You can email comments to MMCPRules@pharmacy.ohio.gov.

The Ohio State Medical Board is seeking feedback on their proposed rules for physicians through Jan. 13. Email comments to medicalmarijuana@med.ohio.gov.

The Joint Committee on Agency Rule Review, or JCARR, will have public hearings on proposed rules for the medical marijuana system next year. Final rules for cultivators are due May 6. Final rules for physicians and dispensaries are due Sept. 8. Check their website, JCARR, for updates.

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Full Article: What Will Ohio's Medical Marijuana Program Look Like?
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