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On June 8, 2016, Governor Kasich signed a bill making Ohio the twenty-fifth state at the time to legalize marijuana for medical use. Effective September 6, 2016, a registered patient could use medical marijuana in Ohio. However, patients cannot use medical marijuana legally in Ohio because there are no registered patients yet.

In fact, there are no licensed cultivators of medical marijuana, nor licensed processors, laboratories or dispensaries. But even if these were licensed and ready to operate, an Ohio patient could not use medical marijuana legally.

Physicians in Ohio cannot prescribe medical marijuana, as this would put them at risk of losing their DEA (Drug Enforcement Administration) licenses. The law in Ohio allows physicians to recommend marijuana to a patient under certain circumstances, but only after the physician receives a Certificate to Recommend. If the patient agrees to use medical marijuana, the patient needs to register with the Ohio Board of Pharmacy (along with a caretaker if they have one) to obtain a medical marijuana identification card.

This does not appear to be happening any time soon. Rules must be promulgated by several state agencies before patients can obtain medical marijuana. As it stands today:

• The Ohio Department of Commerce (ODOC) must promulgate rules for cultivators by May 6, 2017
• ODOC must promulgate rules for processors by September 8, 2017
• ODOC must promulgate rules for laboratories by September 8, 2017
• The Ohio Board of Pharmacy must promulgate rules for dispensaries by September 8, 2017
• The Ohio Bard of Pharmacy must promulgate rules for patient/caregivers by September 8, 2017
• The State Medical Board of Ohio must promulgate rules for physicians to recommend medical marijuana by September 8, 2017

Once all rules have been promulgated, then and only then will the medical marijuana program truly be operational.

So where are we now?

ODOC filed proposed cultivator rules with the Common Sense Initiative (CSI). CSI is a state agency, and will review the proposed rules and may make recommendations to ODOC. CSI will take public comments about the proposed rules until Friday, January 27, 2017. For more information, contact John Izzo at 614-228-5800.