Ohio Rights Group 1021 East Broad St., Columbus, OH 43205 614.300.0529 ohiorightsgroup.org info@ohiorights.org

Ohio House Select Committee on Medical Marijuana Testimony of Mary Jane Borden President of the Ohio Rights Group April 27, 2016

Mr. Chairman, members of the Select Committee on Medical Marijuana, my name is Mary Jane Borden and I represent the Ohio Rights Group. I am here today to testify as a proponent of medicinal marijuana in Ohio.

I have shared with you a few documents that support my testimony. The one I’ll cover in our conversation, entitled “Proposed Constitutional Amendment vs. Proposed Legislation,” is a side-to-side comparison between the Use of Medical Marijuana constitutional amendment and House Bill 523. The former is being fielded by Ohioans for Medical Marijuana (OMM), with the support of the Marijuana Policy Project (MPP) out of Washington, DC.

---------------- cut out of spoken testimony for the sake of time ----------------

I wish for you to note that I am not being compensated for my testimony today, but that I was compensated by an MPP grantee from 2001 to 2010. I personally have no present relationship to MPP, although the ORG has announced its formal support of the MPP amendment. My colleague ORG Vice President John Pardee does work in a paid position with OMM.

My background includes an MBA and nine years as a senior marketing analyst for Adria Laboratories, a former pharmaceutical company located in Dublin that, in its time was the largest U.S. marketer of cancer chemotherapy agents. I have translated this skill set into analyzing legislative language. The medical marijuana community will remember my cross comparisons with Responsible Ohio last year.

A little background information that supports my position. In your packet of ORG materials, I’d like to first direct you to the Adverse Event Reporting System from the FDA. In the last ten years, almost 700,000 deaths total from pharmaceutical drugs have been reported to the agency. If these numbers hold true, annually, they exceed deaths from pneumonia, colon cancer, diabetes and myocardial infarction, according to the Centers for Disease Control. Also according to the CDC, deaths from drug overdoses are now 20% higher than those for automobile accidents.

My bet is that every one of you knows someone who has suffered side effects from pharmaceutical drugs. That is probably the #1 complaint we hear as patient advocates, remembering that those who favor continued cannabis prohibition often cite the need for FDA approval before moving forward with medical cannabis legalization. The report, “Institutional Corruption of Pharmaceuticals and the Myth of Safe and Effective Drugs” from the Journal of Law, Medicine and Ethics brings problems with the FDA into focus. Meanwhile, no recorded cases of overdose deaths from cannabis have been found in extensive literature reviews. The recent untimely death of Prince, presumably from overdose, should motivate us move broadly and quickly toward alternatives like cannabis.

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I offer great praise to the Ohio House for crafting House Bill 523, to Representative Huffman, the primary sponsor for introducing it, and to Committee Chair Schuring, Representative Ramos and others for sitting patiently through 24 hours of Taskforce testimony. I thank you for making good on your promises to introduce and pass legislation, particularly as stated several times during those hearings. As I recall, the goal was to meet or exceed the MPP’s proposed constitutional amendment. My criticisms of your work are meant to be constructive. Please take them in that spirit.

Both MPP and legislators have sparred over changing medical marijuana laws. Should it be done by a citizen-led ballot initiative drive or by legislation crafted at the Ohio Statehouse? After HB 523 was introduced in April, Ohio House Speaker Cliff Rosenberger (R-Clarksville) said that “it would be 'extremely irresponsible' to move forward with marijuana legalization through another process, such as a ballot issue, without working with lawmakers on the new bill.” MPP spokesperson Mason Tvert said his organization will do just that, “UNLESS lawmakers pass a well-written and comprehensive medical marijuana law before November." The gauntlet has been laid, with the question being, what’s missing from HB 523 that makes it less than comprehensive?

The table attempts to answer that question. This document is intended to be a “cheat sheet” of sorts to overview and compare both measures. It helps me and hopefully you, as well as the public, to quickly and easily learn what important points covered in both. The electronic version contains links to all kinds of useful information.

Using the MPP ballot language as a benchmark, what is missing from HB 523?

Testimony of Mary Jane Borden - Page 2 of 3

Ohio Rights Group 1021 East Broad St., Columbus, OH 43205 614.300.0529 ohiorightsgroup.org info@ohiorights.org

1.) Specificity. HB 523 lacks many specifics. The MPP proposal goes into much more detail, which gives comfort to anxious patients. Please note that, having co-written four proposed constitutional amendments, I am sensitive to placing too many fine points into a constitutional framework. But, desperate times call for desperate measures. As seen in the Taskforce testimony, patients are suffering now, today. HB 523 leaves much up to its Commission. This delegation of authority and its blank slate has many questioning the commitment of the legislature to a comprehensive program. Let me give you some examples:

a. No condition list. With no condition list, patients wonder if those who qualify for cannabis use will be no more than a handful. A dearth of qualifying conditions may have resulted in only 1,275 patient registered in Minnesota since their bill was passed in May 2014. The MPP amendment has much broader condition list that covers 25 or more conditions.

b. Personal possession quantities. Again, without specificity, patients are concerned that Ohio will take the conservative step and peg possession amounts to the currently decriminalized 100 grams in the Ohio Revised Code. Duration of possession makes a huge difference as well. Some patients like to make their own butters and oils; larger possession limits enable that. The possession limit in the MPP amendment is 2½ ounces every other week, or five ounces per month, a little in the conservative range among other states, but not the least amount.

c. Forms of cannabis. HB 523 says that the “forms in which medical marijuana may be dispensed and the methods by which it may be used” include “edibles, patches, plant materials, and oils.” None of these are defined, leaving patients to wonder if “plant material” includes buds from the whole plant where much of cannabis’ therapeutic value lies. The forms in the MPP amendment are grounded in the definition of medical marijuana.

d. What about purchasing and sales? Presumably under HB 523, cannabis could somehow be procured by the patient; procurement usually involves a transaction characterized by a “sale” or “purchase.” Neither of those words are present in HB 523, nor is the similar word “acquire.” Legislation in Illinois and Delaware utilize those transactional terms; Minnesota defers to “acquire.” The definition of “medical use” in the MPP amendment includes purchasing. Division enforces rules pertaining to sales.

2.) Caregivers. Caregivers have been a core part of a medical marijuana programs since the 1996 Proposition 215 in California, but are absent from HB 523. Caregivers provide a vital service by helping patients obtain medical marijuana who are too sick or disabled to do so by themselves. When it comes to production, caregivers often have special skill set and relationship to the patient that helps determine the best strains for particular ailments. Caregivers in the MPP amendment may grow for individual patients, a collection of five patients or serve long-term care facilities where they are employed this capacity.

3.) Commission Issues. The Ohio Rights Group has always thought that the formation of a specialized Commission was the best way to regulate an industry. Commissions have been part of each of the four constitutional amendments that we have composed. But we see some problems with the one in HB 523.

a. Commission members not required to be Ohioans. Sounds odd, but direct references to such a requirement seem to be missing from HB 523. Ohioans are required for the Division’s board in the MPP amendment.

b. Term limits. HB 523 states forthrightly that there is “no limit on the number of terms a member may serve.” This could create stagnation on a board that is regulating an emerging and evolving industry. The MPP amendment is silent term limits, but firm on its statement about the years set for staggered terms of Division board members.

c. Advisory Board of Experts. While the MPP amendment forms a small 5-member Division board compared to HB 523’s 9-member one, MPP compensates by mandating a 9-member Advisory Board of Experts. HB 523 is unclear on whose official expertise the Commission will rely, especially since members have no term limits.

d. First meeting of Commission. The rollout of the Medical Marijuana Control Program is dependent on seating of the entire Commission board. Many governmental programs have faltered because board appointments were purposely or politically stalled. While the MPP amendment is silent on the first meeting date, it sets a hard deadline of July 1, 2017 to promulgate rules. The MPP program would be operational a full six months before HB 523’s one would.

Testimony of Mary Jane Borden - Page 3 of 3

Ohio Rights Group 1021 East Broad St., Columbus, OH 43205 614.300.0529 ohiorightsgroup.org info@ohiorights.org

4.) Civil Rights. I’m now going to tackle the difficult issue of the civil rights for medical marijuana patients, one of my passions. It was one of the main reasons I got involved in reforming this nation’s cannabis laws. HB 523 is sorely lacking in this aspect.

a. No exemption from criminal penalties. Can you imagine being 76 years old and spending the rest of your life in prison for a conviction regarding conduct that is now legal in 24 states? Even though the Supreme Court recently refused to hear this case, it and many others like it are egregious. Sick patients should not be subject to arrest or prosecution, and the MPP amendment forthrightly says so.

b. No civil rights protections. Patients suffer from a host of injustices, none of which are alleviated by HB 523. These include the denial of organ transplants, forfeiture of life-long assets, abrogation of child custody and the revocation of professional licenses, all for using a plant that DEA Administrative Law Judge Francis Young in 1988 called, “one of the safest therapeutically active substances known to man.” The MPP amendment clearly states that medical marijuana patient use should be treated like those who use any other medication.

c. No Affirmative Defense. This is vital to a comprehensive medical marijuana program. Because a 1996 funding bill contained references to a “medical purposes” defense to marijuana possession, the first act of 1997 General Assembly was to repeal this defense in SB 2. The Affirmative Defense is just that, a defense to charges that can be used in court. While it doesn’t prevent the arrest or prosecution, it does provide a “get out of jail free card” to sick patients. Interestingly, language for the Affirmative Defense was present in these proposed medical marijuana bills: SB 343 (2007-2008), HB 214 (2011-2012) and HB 153 (2013-2014). It is missing from HB 523:

(From HB 153) “It is an affirmative defense, as provided in section 2901.05 of the Revised Code, to a charge under this section for a fifth degree felony violation of illegal cultivation of marihuana that the marihuana that gave rise to the charge is in an amount, is in a form, is prepared, compounded, or mixed with substances that are not controlled substances in a manner, or is possessed or cultivated under any other circumstances that indicate that the marihuana was solely for personal use.”

The MPP amendment contains an Affirmative Defense. My one criticism of MPP is that this defense ends on August 1, 2017 when their Division develops confidential registry cards. We think that the defense should extend into perpetuity.

There are a few other notable omissions from HB 523 that keep it from being comprehensive. These include onerous reporting schedules for physicians, the mere 90-day life of a medical marijuana recommendation, reporting patient use to OARRS as if it were drug abuse, impairment based solely on a chemical test and overly specific language about background checks at the expense of patient protections.

One provision we do praise the House on is exempting financial institutions from criminal penalties for serving marijuana establishments. We’ll also agree with you that HB 523 is a good first step, but it is just that, a first step.

The Select Committee on Medical Marijuana has the great fortune of having members who, after the Taskforce hearings, are some of the more learned lawmakers on the subject of medical marijuana in the nation. Please glean from them the body of knowledge that was presented during February and March. It shows that comprehensive and responsible legislation are possible. Please revise HB 523 to make it so.

Thank you, Mr. Chairman and members of the committee for the opportunity to speak to you today in support as an interested party. I am available to answer any questions you may have.

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 1 of 8

Title Medical Use of Marijuana House Bill 523

Sponsor(s)

Marijuana Policy Project (MPP) Rep. Stephen Huffman (R-Tipp City) Rep. Kirk Schuring (R-Canton)

Rep. Dan Ramos (D-Lorain)

Organization Ohioans for Medical Marijuana PAC (OMM) Statewide Ballot Issue Political Action Committee

Ohio House of Representatives Select Committee on Medical Marijuana

Type Citizen-initiated Constitution Amendment Legislative bill introduced into the

Ohio House of Representatives

Certified/Introduced Ohio Attorney General

Ballot Board

Yes March 15, 2016 March 31, 2016

April 14, 2016 by Rep. Stephen Huffman -- --

Word Count Summary

Full text

3,802 7,909

--

~19,400

Signatures 305,591 due to the Ohio Secretary of State

on July 18, 2016 n/a

Official Language Ohioans for Medical Marijuana House Bill 523

Patients

Medical Use Definition Acquisition, purchase, possession, administration, cultivation, manufacture, use, delivery, harvest, preparation, transfer, transportation, or testing of marijuana or marijuana accessories relating to the administration of marijuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition of a qualifying patient who possesses a valid registry identification card.

Marijuana, as defined in Section 3719.01 of the Revised Code, that is cultivated, processed, tested, possessed and used for a medical purpose.

Medical Conditions

Must be certified by medical practitioner as having one of 25 debilitating medical conditions: cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, ulcerative colitis, agitation of Alzheimer's disease, post-traumatic stress disorder, autism with aggressive or self-injurious behaviors, Sickle-Cell Anemia, severe fibromyalgia, spinal cord disease, spinal cord injury, traumatic brain injury or post-concussion syndrome, chronic traumatic encephalopathy, Parkinson’s, muscular dystrophy, Huntington’s Disease, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe debilitating pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or any other medical condition or treatment approved by Division.

Determined by Commission

Forms of Cannabis Usable marijuana: the dried leaves and flowers of the marijuana plant, and any mixture or preparation thereof.

edibles, patches, plant materials and oils (excludes any form or method that is considered

attractive to children)

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 2 of 8

Personal Possession Usable marijuana = two-and-one-half ounces purchased every other week; amount of marijuana

products established by Division.

Initial cardholder fee = $40. Annual fee no greater than initial fee. May be reduced for low-income.

Not listed

Personal Cultivation (Home Growing)

6 plants or a greater number if a higher limit is established by Division rule.

Requirements for cardholder:

Must be cardholder (patient or caregiver)

One caregiver per single location

Ohio resident

Enclosed, locked space, invisible from public view

Can include seeds, stalks and roots.

Cultivator license disallows growing for personal, family or household use.

Patient Registration Registered patients and caregivers are termed “cardholders.”

Requirements for cardholder:

Must be age 18 or older

Written certification within 90 days from medical practitioner

Patient’s caregiver name, if any. Can have more than one caregiver. Need must be documented.

Debilitating medical condition

Ohio resident

Ohio resident for less than 45 days or reciprocity with valid card from another state

Associated fee determined by Division

Written statement from parent or guardian for patient younger than 18

Card specifies if growing is allowed. May designate only one person as grower.

Special provisions can make medical marijuana available to low-income people.

Patient registration process deferred to Commission.

Caregivers Requirements for cardholders:

Age 21 or older

Assists no more than five patients, but could grow a total of 30 plants

Can assist more five if employed by and patients reside in residential-care facility

Ohio resident

Ohio resident for less than 45 days or of another state with valid card there

Registry card must be associated with patient

May receive reimbursement for expenses.

No caregivers

Other Requirements May not smoke marijuana in public place Physician recommendation expires after 90 days. Another 90-day renewal with follow-up exam. No limit on number of renewals.

Minors need parental consent.

May not smoke marijuana in public place.

Physicians

Physicians (practitioners)

Exempt from criminal penalties for recommending marijuana to patients.

Recommendation only valid for 90 days. Can be renewed for 90 days with follow-up consultation. Renewals unlimited.

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 3 of 8

Physicians, cont. (practitioners)

Must issue written certification that patient may benefit

from treatment with medical marijuana

hold license to prescribe controlled substances to humans in Ohio (termed practitioner)

establish practitioner-patient relationship

conduct an assessment of patient’s medical history

evaluate and confirm patient’s debilitating medical condition

gain consent of parent to treat minor

cannot control or own a medical marijuana establishment

can hold out of state medical license if patient is not an Ohio resident

certification deemed valid registry card if Division rules not promulgated by August 1, 2017

Must issue written recommendation treatment with

medical marijuana

apply to commission for registration as qualifying physician

maintain ongoing patient/doctor relationship

conduct physical exam of patient

review medical history

gain consent of parent to treat minor

specify marijuana forms dispensed to patient

specify how patient can use marijuana

Record keeping:

patient diagnosis

reason for marijuana vs. other drugs

recommended form of cannabis

recommended method of using cannabis

Physician could risk forfeiting legal protection by specifying form and method.

Reporting to Commission:

every 90 days on diseases treated, reasons for treatment and forms of cannabis used by patients

annually with observations concerning efficacy

Types of Facilities

General Characteristics Cultivator – Distributor – Dispensary Product Manufacturer –Testing Facility

Criminal background checks required for facility licensees. No violent felony in last five years.

Cannot be within 500 yards of school, church, public library, pubic playground, or public park.

With the exception of testing and cultivation, establishments may hold combination of licenses.

New licenses issued within 90 days of application. Renewals issued in 30 days of application.

Must be Ohio resident until January 20, 2020.

Must conduct business at address on record with Division.

Building must be enclosed and products not visible to those outside.

Employees must be age 18 or older.

Cultivator – Processor – Dispensary Testing Facility

Criminal background checks required on administrator, owner, prospective owner, officer or board member seeking license.

Cannot be convicted of or pled guilty to a disqualifying offense.

Cannot be within 500 yards of church, school, public library, pubic playground, or public park.

No ownership or investment interest in another licensed cultivator, processor, retail dispensary, or laboratory.

Maximum number of licenses determined by Commission and based on Ohio’s population and number of Ohio medical marijuana patients.

Cultivator

Can cultivate, acquire, possess, process, package, store, deliver, transfer, transport, supply, or sell marijuana and related supplies to medical marijuana establishments, but not to cardholders. Divided into Type 1 and Type 2 based on canopy.

Type 1 Cultivation Facilities: Marijuana plants = 25,000 sq ft flowering canopy in 15 facilities each. Division can add more facilities.

Initial fee = $500,000. Annual fee no greater than initial fee.

Type 2 Cultivation Facilities: Marijuana plants = >5,000 sq ft flowering canopy. Number of facilities unlimited.

Initial fee = $5,000. Annual fee no greater than initial fee.

Can cultivate, deliver medical marijuana. What about selling it to dispensaries?

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 4 of 8

Cultivator, cont.

.

Must demonstrate sufficient operating capital for one year. Capital must be seasoned for 180 days.

Must own or lease real property where cultivation site is located. No other establishment may cultivate at that address.

Cultivation must take place in closed, locked space, invisible to onlookers. Can include greenhouses.

Forbids growing outside of the premises of the establishment.

Processor n/a Can Obtain medical marijuana; process medical marijuana into forms specified by rules; deliver to dispensaries; package according to tamper-resistant standards; label packaging.

Distributor Can store marijuana and marijuana products at a location not licensed for the cultivation, manufacture, testing, or dispensing of marijuana and marijuana products; and transport same to and from other establishments, but not to cardholders.

Initial fee = $5,000. Annual fee no greater than initial fee.

n/a

Dispensary

Can acquire, possess, and store marijuana, marijuana products, and marijuana accessories; and can deliver, transfer, sell, transport, supply, or dispense marijuana, marijuana products, and marijuana accessories to cardholders.

Initial fee = $5,000. Annual fee no greater than initial fee.

No numeric limit on number of dispensaries.

Can Obtain medical marijuana from a processor; dispense in accordance with the recommendation; only use commission trained employees.

Must report patient data to State Board of Pharmacy’s Ohio Automated Rx Reporting System (OARRS): Patient ID

Recommending physician

Form, quality and strength of dispensed marijuana

Number of days of supply

Source of payment

Pharmacy Board can inform commission about dispensary violations. Patient information generally destroyed after three years. Data included in semiannual report to the governor.

Product Manufacturer

Can manufacture, acquire, possess, or package marijuana or marijuana products or to deliver, transfer, transport, supply, or sell marijuana products to medical marijuana establishments, but not to cardholders.

Manufacturing means compound, blend, extract infuse, make or prepare a product from marijuana.

Initial fee = $5,000. Annual fee no greater than initial fee

n/a

Testing or Laboratory Facility

Can test marijuana and marijuana products, including certification for potency and the presence of contaminants.

Initial fee = $5,000. Annual fee no greater than initial fee.

Can obtain medical marijuana from cultivators, processors and dispensaries; test for potency, homogeneity, contamination; and report results.

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 5 of 8

Marijuana Accessories

Equipment, products, devices, or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body. May be sold by dispensaries to cardholders.

n/a

Local Control

Municipalities

Municipalities can ban or limit number of dispensaries.

Localities cannot restrict transportation of marijuana to cardholder.

Municipalities can ban or limit number of dispensaries.

Counties and townships exempt from agricultural zoning limitations enabling them to limit the number of dispensaries.

Regulatory Agency

How It’s Organized

Medical Marijuana Control Division of the Ohio Department of Commerce

5-member Division board appointed by director of commerce.

Division board members:

1. licensed Ohio physician

2. sworn Ohio law enforcement officer

3. licensed Ohio attorney experienced with administrative law

4. Ohio-based patient advocate

5. Ohio public health expert

Initial appointments staggered 4-year terms

Selection of the chair made by the director of commerce.

Members compensated and reimbursed for expenses

Cannot hold interest in a facility.

Medical Marijuana Advisory Board

9-member Advisory Board appointed by director of health.

Board Members Practitioner

Marijuana cultivator Marijuana dispenser

Marijuana product manufacturer Marijuana tester

Qualifying patient Caregiver

Public health expert Law enforcement officer

2-year appointment.

Uncompensated but reimbursed for expenses.

Advises on patient access, confidentiality, cultivation, processing, manufacturing, transporting, dispensing, and testing; recommends changes to and preparation of guidelines and rules.

Not barred from holding interest in a facility.

Medical Marijuana Control Commission under the Ohio Department of Health

9-member Commission board appointed by governor with consent of Senate.

Commission board members:

1. practicing physician

2. law enforcement rep

3. employer rep

4. labor rep

5. drug treatment rep

6. mental health treatment rep

7. pharmacist

8. medical marijuana advocate

9. general public rep

#s 1, 2, 3 appointed by governor – 5-year term #s 4, 7, 9 nominated by Senate president – 3-year term #s 5, 6, 8 nominated by House Speaker – 4-year term

No limit on number of terms

Appointments made within 30 days of enactment

Governor selects chair

Commissioners receive salaries

Commissioners not required to be Ohioans

First meeting within 30 days after last commission member appointed

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 6 of 8

What it does

Implements programs; develops and enforces rules; licenses businesses to make marijuana available to qualifying patients; revokes licenses; trains law enforcement about the new law; publishes annual report; provides opportunities for public input concerning initial rules; enforces rules relating to the cultivation, processing, manufacture, delivery, storage, distribution, sale, and testing.

Establishes:

cardholder online registry system for issuing applications

card and establishment fees

record keeping requirements

licensing qualifications

security requirements

labeling requirements

health and safety standards for cultivation, processing, manufacturing of medical marijuana

testing requirements from random samples

policies on disposal of excess

restrictions on signage and advertising to minors

application process for establishments to include applicant’s business plan

process to add debilitating medical conditions

Only “controlling persons” of entity required to be disclosed on applications, meaning person with at least 10% voting or controlling interest.

May hold adjudicatory hearings to review its actions. Actions may also be reviewed by the Franklin County Court of Common Pleas.

General Assembly provides seed money to start the program.

Rules can’t be “unreasonably Impracticable” or establish prices.

Division of Liquor Control can offer its expertise to the Division.

Promotes inclusion of those harmed by prohibition in the industry.

Administers the medical marijuana control program to provide for the licensure of medical marijuana cultivators, processors, and retail dispensaries; the licensure of laboratories that test medical marijuana; and the regulation of other activities. Enforces regulations. Must consider standards and procedures that are best practices.

Establishes:

procedures for patient registration

eligibility requirements for physicians

license renewal schedule, renewal procedures, renewal fees and reasons for suspension

Medical Marijuana Registry to track number of patients, types of conditions

standards for labeling and tamper-resistant packaging

training requirements for dispensary personnel

seed-to-source electronic monitoring system and database

when testing must be done by a laboratory

criminal offenses that bar licensing applicants

number cultivators and dispensaries

eligibility conditions for licensure.

forms in which marijuana may be dispensed

Other Provisions

Taxation

Establishments may deduct ordinary and necessary expenses from net income on state tax returns.

Tax rates unspecified. default state and local sales taxes would likely be the only additional taxes that would be applied to sales.

General Assembly will enact laws to levy excise tax on each transaction by which medical marijuana is dispensed to a patient.

Dispensing persons subject to fees, taxes or other charges imposed on other Ohio businesses, including income and property.

Finance

Medical Marijuana Regulation Fund established to

hold fines and fees. Expended for program,

advisory board, localities in which facilities operate

and reimbursement of start-up funds.

Financial institutions exempt from criminal

penalties for providing services to cultivators,

processors, dispensaries and laboratories.

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 7 of 8

Finance, cont. Establishment contacts are not unenforceable due

to conduct prohibited by federal law.

Employment

Does not regulate or affect employment relationship, create new cause of action against employer or affect eligibility of cardholder to receive benefits under any insurance program or policy.

Cannot operate motorized vehicles while impaired by marijuana or its products.

Cannot be deemed impaired by presence of metabolites insufficient to cause impairment.

Employers not required to accommodate medical marijuana. Free to discharge and refuse to hire.

Doesn’t affect Drug Free Workplace programs.

Employees ineligible for Unemployment Compensation if discharged for medical marijuana use.

Employees remain ineligible for Workers’ Compensation If found under the influence of marijuana after a workplace injury.

Fifty nanograms per milliliter of urine on chromatography mass spectrometry test determines impairment.

Protections

Patient use is considered to be like that of any other medication.

Patients cannot be denied organ transplants.

Patient use cannot be sole grounds for denying parental rights.

Cardholder system is confidential.

Cardholder status can only be disclosed to third parties at cardholder’s request.

Cardholders may not be arrested, prosecuted, penalized or sanctioned; denied any right or privilege; subject to seizure or forfeiture of assets.

Schools cannot refuse to enroll cardholders.

Registry card not probable cause for search.

Physicians protected against administrative, civil or criminal investigation for issuing certifications.

Professional licenses cannot be revoked for providing services to establishments or cardholders.

Establishment owners cannot be criminally liable for distributing marijuana.

Property owners exempt from criminal penalties for legal marijuana activities.

Institutionalized care providers cannot deny patient access to medical marijuana.

Localities cannot restrict transportation of marijuana to cardholder.

Protects enforceability of contracts if activity in violation of federal law.

Affirmative Defense until August 1, 2017, for persons with practitioner-diagnosed debilitating medical conditions or caregivers assisting them.

None

Timeline

From effective date of amendment: (30 days after passage or December 8, 2016)

January 8, 2017: Division board and advisory

board appointments required to be made.

July 1, 2017: Division promulgates rules.

August 1, 2017: Division develops confidential

cardholder registry; issues licenses to testing

facilities, product manufacturers, and Type 1

From effective date of act:

30 days – Commission appointments made

30 days – Initial meeting held after last Commission member appointed

1 year – Commission adopts rules after Commission’s initial meeting

2 years – Medical marijuana program fully operational

Ohio Rights Group Proposed Constitutional Amendment vs. Proposed Legislation

Constitutional Amendment Legislation

as of 4/23/16 Marijuana Policy Project (MPP) Ohio General Assembly

Comparison of proposed Ohio constitutional amendment v. proposed legislation for medical marijuana Page 8 of 8

Timeline, cont.

cultivation facilities. Affirmative defense expires.

Any time after absent Division rules, a doctor’s

recommendation become a valid registration ID

card.

November 1, 2017: Division issues licenses to Type

2 cultivation facilities and distributors.

February 1, 2018: Affirmative defense to

marijuana charges expires. Division begins

processing licenses for dispensaries. Division

begins publishing annual report.

January 1, 2020: Ohio residency requirement for

establishment ownership ends. Division can stop

issuing establishment licenses to prevent

marijuana diversion. Ban can be reconsidered

biannually.

Editor’s note: the above timing would apply if the bill were passed by June 1, 2016:

July 1, 2016 – Commission appointments made

??? – Initial meeting held after last Commission member appointed

June 1, 2017 – Commission adopts rules after Commission’s initial meeting

June 1, 2018 – Medical marijuana program fully operational.

Every three months (90 days)

Patient must “refill” recommendation.

Physician submit report to Commission.

Semi-Annually

OARRS data reported by governor.

Annually

Physician observational report submitted to Commission.

Other Marijuana products may not be manufactured using liquid or gas with flashpoint below 180° Fahrenheit.

Disqualifying offenses are violent felonies or those that affect fitness to run a medical marijuana establishment.

Laws enacted after effective date of amendment that frustrate its purpose void.

Taxpayers who file for relief to compel compliance entitled to award of costs and attorney fees.

Invalidity of one section of the amendment would not invalidate other sections.

Funds marijuana drug abuse prevention programs.

General Assembly intends to establish medical marijuana research program.

Recommends federal rescheduling to Schedule II.

Websites Ohioans for Medical Marijuana Ohioans for Medical Marijuana Volunteers

Analysis by Benesch Law firm

House Bill 523 Fiscal Notes

Analysis

Facebook Page Ohioans for Medical Marijuana

Ohio Rights Group 1021 East Broad St., Columbus, OH 43205 614.300.0529 ohiorightsgroup.org info@ohiorights.org

Medical Cannabis

Ohio Legislative History

Within the last 20 years, the Ohio General Assembly has considered eight bills, all but one

would have given patients with safe access to cannabis (marijuana) at some level. The one bill

that passed in 1997 erased an Affirmative Defense that had been passed by the prior session in

a funding bill.

SB 2 • 1997-1998 session • Sponsor: Senator Blessing. Eliminated the "medical

purposes" affirmative defense to the offense of possession of marihuana.

Effective June 1997.

SB ? • 1999-2000 session • Sponsor: Senator Robert Hagan (D-Youngstown). His

first in a series.

SB 74 • 2005-2006 session • Sponsor: Senator Robert Hagan (D-Youngstown).

Introduced in February 2005. Referred to the Criminal Justice Committee.

Received a sponsor testimony hearing in November 2006, but went no

further.

SB 343 • 2007-2008 session • Sponsor: Senator Tom Roberts (D-Dayton). Called

the Ohio Medical Compassion Act. Introduced in May 2008. Referred to

the Criminal Justice Committee. Received both sponsor and proponent

testimony hearings in November 2008, but went no further.

HB 478 • 2009-2010 session • Sponsor: Rep. Kenny Yuko (D-Richmond Heights).

Called the Ohio Medical Compassion Act of 2010. Introduced April 2010.

Referred to the Health and Aging Committee, but went no further.

HB 214 • 2011-2012 session • Sponsor: Rep. Kenny Yuko (D-Richmond Heights).

Introduced April 2011. Referred to the Health and Aging Committee, with

no further action.

HB 153 • 2013-2014 session • Sponsor: Rep. Bob Hagan (D-Youngstown). Co-

Sponsors: Rep. Mike Foley (D-Cleveland) and Rep. Dan Ramos (D-Lorain).

Reintroduction of HB 214 from prior session in May 2013.

HB 33 • 2015-2016 session • Sponsors: Rep. Wes Retherford (R-District 61,

Hamilton County) and Rep. John M. Rogers (D-District 60, Mentor on the

Lake). Would authorize the use of cannabidiol to treat seizure disorders.

Introduced in February 2015. Referred to Health and Aging Committee

with no further action.

Year DeathsSerious Events

2004 34,739 198,828

2005 40,031 256,208

2006 37,313 264,240

2007 36,689 272,345

2008 49,711 318,565

2009 63,842 373,512

2010 82,729 471,327

2011 98,590 573,402

2012 118,444 661,480

2013 117,752 711,232

TOTAL 679,840 4,101,139

Are FDA approved drugs safe?

Source: FDA Adverse Event Reporting System

One of the most common patient complaints involves side effects of

prescription drugs. Deaths and serious events reported to the FDA should validate

patient concerns. How many outcomes would have been different if the sick, dying

and disabled had safe access to

medicinal cannabis?