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On Tuesday, January 24, 2017, the Medical Marijuana Advisory Committee advertised their next meeting will be Friday, January 27, 2017. As of January 25, the Committee had not issued an agenda for the meeting.

We at Graff & McGovern have been busy tracking the Medical Marijuana Advisory Committee for our clients and we expect the Advisory Committee will be discussing the public comments received for the proposed rules from the Ohio Board of Pharmacy regarding medical marijuana dispensers. The Board of Pharmacy stopped taking public comments on January 13, 2017. As the proposed rules stand today, there can be no more than 40 medical marijuana dispensaries. Each application must include an $80,000.00 application fee. These dispensaries are to have adequate capital and will have a clinical director who is either a licensed pharmacist or licensed prescriber.

We at Graff & McGovern also expect the Advisory Committee will be discussing the proposed rules from the State Medical Board of Ohio regarding a physician certificate to recommend medical marijuana. The Medical Board also stopped taking public comments on January 13, 2017. As the proposed rules stand today, only an MD or a DO can recommend medical marijuana to a patient. There must be a valid physician/patient relationship. The applicant for a certificate to recommend must complete a medical marijuana 2 hour CME, have a DEA registration, and must not have prior disciplinary action based upon inappropriate prescribing. The applicant must not have an ownership interest in or a compensation agreement with another medical marijuana entity.

Anyone who has not commented on the proposed rules can still be a part of the process. There are at least three more opportunities to let the State know what you think about their proposed rules.

Once the proposed rules have been approved by their respective agencies, they will be filed with the Common Sense Initiative (CSI). CSI will take comments from the public on the proposed rules. If CSI believes changes need to be made to the draft rules, it will recommend changes be made by the agency.

Once proposed rules clear CSI, the proposed rules are filed with the Joint Committee on Rules Review (JCARR). The agency must have a public hearing 30 -40 days after the rules are filed and take comments, either in person or in writing, from persons who are affected by the proposed rules. Afterwards, the agency is supposed to consider the information that was brought before it and make appropriate changes.

The final opportunity to comment on the rules is before JCARR itself. This can be live or through written testimony. JCARR does not approve or disapprove proposed rules. If JCARR thinks a rule should be invalidated, it asks the General Assembly for a concurrent resolution to invalidate the rule. This does not happen often.

For assistance with commenting on the proposed rules regulating the medical marijuana industry in Ohio or if you or your business require assistance navigating through Ohio’s emerging medical marijuana regulatory system, please contact John Izzo at 614-228-5800.