Page 16 - Ohio Vol 5 No 2
P. 16

Medical Marijuana Now Available in Ohio
BY JULIA R. BAXTER AND KEVIN GRIFFITH
Signed on June 8, 2016 by former Governor John Kasich, as of January 2019 Ohio’s legalized medical marijuana law is now operational in Ohio. What does this mean for Ohio’s employers, job applicants and employees?
First, there is no Ohio law legalizing marijuana for recreational use. Rather, Ohio has only legalized the medical use of marijuana for a speci ed number of medical conditions. In addition, Ohio has established certain registration requirements for medical marijuana patients and caregivers. Finally, Ohio allows registered patients to use medical marijuana only in certain ways, and smoking a “joint” is not one of them.
WHAT THE LAW ALLOWS
Ohio’s medical marijuana law allows patients su ering from one or more of approximately 20 qualifying medical conditions (including HIV/AIDS, epilepsy, cancer, PTSD, etc.) to use medical marijuana.  e law only allows medical marijuana to be dispensed to patients or caregivers who are properly registered with the State of Ohio and who possess an Ohio-issued patient or caregiver identi cation card.
Ohio permits registered patients to use medical marijuana via oils, tinctures or extracts, plant material, edibles (food containing THC) and patches. Vaporization of medical marijuana also is permitted but smoking and other combustion of medical marijuana are not allowed. Any retailer who is dispensing medical marijuana must have obtained and paid for a license from the Ohio Board of Pharmacy.
MARIJUANA AND FEDERAL LAW
While Ohio and many other states have legalized the possession and use of marijuana for certain medical conditions, marijuana itself remains a “Schedule I” controlled substance under the federal Controlled Substance Act. It also remains illegal for physicians to “prescribe” marijuana.  us, all Ohioans who use medical marijuana have no protection against the consequences for violating federal criminal law, including possible  nes and imprisonment. But since the Obama Administration, our federal government has purposely avoided enforcement of these types of “low level” violations as it has watched the legalized marijuana movement unfold at the state level.
ATTORNEY AT LAW MAGAZINE · OHIO · VOL. 5 NO. 2 16


































































































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