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John Izzo of Graff & McGovern, LPA, attended the January 27, 2017, Medical Marijuana Advisory Committee Meeting. As expected, the Advisory Committee reviewed the Ohio Board of Pharmacy’s proposed rules for dispensers and the State Medical Board of Ohio’s proposed rules on certificates to recommend medical marijuana.

According to the newly enacted law, a physician seeking to recommend treatment with medical marijuana must have a certificate to recommend from the Medical Board. Generally speaking, the Medical Board recognizes three types of physicians: doctors of medicine (M.D.s), doctors of osteopathic medicine (D.O.s), and doctors of podiatric medicine (podiatrists). However, in Ohio, only a M.D. or D.O. can recommend the use of medical marijuana. Neither the law nor the rules allow for a podiatrist to recommend medical marijuana.

The law is silent as to why podiatrists were excluded. While podiatrist’s care of a patient is limited in scope, podiatrists do not have a restricted D.E.A. license. Podiatrists manage acute pain with opioids. Podiatrists treat patients with chronic pain. Medical marijuana is considered an alternative to opioids for neuropathic, chronic, and neurogenic pain.

As the medical marijuana program develops, one must assume podiatrists will at some point get the authority to recommend medical marijuana for their patients. But why do podiatrists have to send their patients away for now if medical marijuana is appropriate for the patient?

If you have any questions about the medical marijuana program, you should consider contacting an attorney at Graff & McGovern. Contact John Izzo of Graff & McGovern at 614-228-5800, extension 5, for more information.