Latest News

On Monday, July 10, 2017 John Izzo of Graff & McGovern attended the rules hearing concerning the State Medical Board of Ohio’s role in the regulation of medical marijuana in Ohio. The new Board rules will authorize physicians to recommend medical marijuana to patients. These rules will also set forth a process for adding conditions for which the physician may recommend medical marijuana be used.

Prior to enactment of rules, the Board must hold a public hearing and take public comment concerning the proposed rules. At the Board’s hearing on the proposed medical marijuana rules, about thirty people attended and Board Hearing Examiner Danielle Blue presided over the proceedings. Several attendees chose to testify in person in addition to submitting comments in writing. One individual suggested patients only see their physician every year or two to determine if medical marijuana should continue to be recommended. The commenter cited the costs related to frequent physician visits to as potentially preventing patients from affording the medical marijuana.

Another individual spoke that an annual review by the Board of new conditions for which medical marijuana can be used is too infrequent. This commenter noted that technology changes rapidly and patients should not lose out on the ability to utilize medical marijuana based on the meetings schedules of the Board.

The biggest surprise came during an announcement by Sallie Debolt, Senior Counsel for the Board. Ms. Debolt acknowledged that the Board’s draft was not consistent with Ohio’s recently passed budget bill. As a result, not all of the language in the Board’s proposed rules conform to all of the language in the statute. To correct the inconsistency, the Board will file a revised rule reflecting the Legislature’s recent change that physicians no longer need to opine that the benefits of medical marijuana outweigh the possible risks.

During the Board meeting held on July 12, 2017, the Board approved the amended medical marijuana rule. The rules currently sit with JCARR who will hold another public meeting on July 31, 2017.

If you have any questions about the regulation of medical marijuana in Ohio, or how to become licensed, you should consider contacting a medical license lawyer at Graff & McGovern. John Izzo of Graff & McGovern can be reached at 614-228-5800, or johnizzo@grafflaw.com.