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Ohio Medical Marijuana Law Blog

Medical marijuana on public universities may violate federal law

The legality of certain substances change throughout time. Although medical marijuana became legal in Ohio back in 2016, the first time patients were able to get their medical prescriptions filled was early this year. Experts believe that one of the reasons a medical marijuana program has not gathered impetus in the state is because federal law still classifies cannabis as a Schedule I drug, which puts it in the same list as LSD and heroin. A schedule I drug is not considered for medical treatment in the country and has a high potential for abuse. Those who are interested in exploring the medical marijuana program are confused by this, as they are unclear if they would end up being prosecuted federally instead of locally.

Another issue that has arisen is the use of medical marijuana on university campuses. As per the law, anyone who is over the age of 21 can have access to medical marijuana if their medical condition falls under the 21 conditions that have been approved by the State Medical Board of Ohio. However, qualified patients who are also students cannot bring any of the substance onto Kent State's campus, due to the restrictions in the Drug-Free Schools and Communities Act, a law public universities must comply with.

What type of lawyer do I need for cannabis business licenses?

The path to opening a business in the cannabis industry is mired with roadblocks, even though it is now legally possible in Ohio. Not only is there a social stigma associated with anything that has to do with cannabis, there are a number of complicated regulations that businesses must adhere to in order to operate. Even then, medical marijuana dispensaries are not opening up with the speed that they should be.

The laws surrounding the cannabis industry are complex, vary from state to state and are evolving within individual states as well. In order to operate a successful and legal business, Ohio residents must navigate this maze effectively and ensure they are complying with all relevant laws, most importantly, those relating to the licensing of their business. A single mistake could mean a business is floored even before if gets off the ground.

Petitions submitted to include illnesses for medical marijuana

With recreational use of marijuana becoming legal in more and more states across the country as well as medical marijuana, one would think that its usage would become more acceptable in society, but this is not the case. Though medical usages of the substance are known to treat a number of medical conditions, people still hesitate to use or disclose their usage of it, for fear of being labeled 'potheads'. What many don't understand is that medical usage of the substance offers much needed relief to those who have exhausted all of their options for respite from pain.

With cannabis products set to become available in Ohio over the next couple of months through certain dispensaries, it is hoped that this perception changes and people become more accepting of using it. it doesn't help that for now, marijuana can only be used to treat allowable conditions such as Alzheimer's and Parkinson's Diseases, AIDS, epilepsy, cancer and a handful of other maladies. Additionally, in order to get it from the pharmacy, one must a physician's recommendation.

Is your dispensary compliant with security regulations?

As many Ohio residents anxiously await the availability of medical marijuana, others, including law enforcement, have concerns about how the legal trade of marijuana will affect the rate of crime in the state. As a holder of a dispensary license, you already know the mountain of regulations you must follow, including those related to keeping your product and customers safe.

Recreational marijuana is not yet legal in Ohio, so the careful and meticulous oversight of the infant medical marijuana industry is to keep the product from falling into the hands of those in the illegal drug trade, which may place the citizens of the state in peril. Undoubtedly, as you prepared to launch your business, much of your capital went to funding security measures required by law.

First dispensary to open soon in Ohio

While it is labeled a controlled substance, marijuana can b possessed and used legally in the U.S.; however, this is dependent on the location and purpose. Many individuals may not be aware that medical marijuana is legal in Ohio for 21 illnesses, as long as there is a recommendation from a doctor specified to do so. It was anticipated that the medicinal marijuana program would be functioning by September, but that has not happened as of yet. The first dispensary in the state is anticipated to open soon near Steubenville, but others are still in varying degrees of construction or development.

The first dispensary is near the border of West Virginia, with more expected to open in Hamilton County, Warren, Butler and Highland Counties. The process in Hamilton County has been delayed-with one under construction, one has reserved parking spots and the last has a new roof. Another reason for the delay is because there are separate licensing procedures for growers, product manufacturers, testing labs and dispensaries.

Medical marijuana patient registry opened in Ohio

Many people in Ohio suffer from serious medical conditions, such as multiple sclerosis, that do not have many options for relief. Some people have found that the use of medical marijuana alleviates their symptoms. Up until recently, however, it was illegal for these individuals to purchase and use marijuana, even medicinally. Ohio has since legalized medical marijuana, but there are still steps the state needs to take before medical marijuana is accessible to those who need it. However, with the recent opening of the patient registry in the state, Ohio is on the path to making it possible for patients to legally purchase medical marijuana.

Ohio's medical marijuana patient registry has recently been made available to the public. This is good news both for patients who wish to legally purchase medical marijuana and for physicians that want to be able to prescribe the drug to patients. With the registry open, the state can give patients the approval needed to purchase medical marijuana.

Oklahoma court addresses the regulation of medical marijuana

As many in Ohio can attest, the implementation of laws and regulations regarding the manufacturing, processing and sale of medical marijuana has not always run smoothly. For example, Ohio had issues with the licensure of medical marijuana dispensaries in the state. Other states in the nation that have legalized medical marijuana are also facing legal issues in implementing these laws.

Oklahoma has legalized medical marijuana, but regulating the industry is not without its issues. One city in Oklahoma attempted to enact an ordinance creating zoning restrictions for medical marijuana businesses in the city as well as implementing fees for operating medical marijuana businesses in the city. However, the city has had to suspend its ordinance following a court ruling.

Protecting your dispensary license from violations

Ohio has waited and watched, learning from the mistakes of other states that raced to legalize medical marijuana. Many who suffered from conditions the product promised to relieve were excited when lawmakers agreed to allow a limited number of dispensaries across the state. If you were among the few granted a license to sell medical marijuana, you already know how carefully Ohio regulates the industry.

With three different agencies overseeing the cultivation, dispensing and doctor certification related to medical marijuana, you would not get very far before having to answer to one or the other regulatory entity. Since dispensing medical marijuana is a highly competitive industry, you would be wise to do all you can to remain compliant and keep your license in good standing.

What is an abandoned application for an Ohio dispensary?

At times, the Ohio state board of pharmacy will accept applications for the operation of medical marijuana dispensaries in the state. While some may be eager to open their own dispensary, it is important that they meet all the requirements necessary to obtain a license, so they can legally operate in the state.

The state board of pharmacy will give notice of when they are accepting applications for new medical marijuana dispensaries in the state. When one submits their application, however, the board may request that the applicant provide it with further information needed to process and completely investigate the application. The applicant has five calendar days after being informed that they must submit further information in which to do so. If the applicant does not do so within the required timeframe, then their application will be considered "abandoned."

Medical marijuana dispensaries banned from opening in some cities

Ohio has legalized medical marijuana, but dispensaries still face hurdles in opening in the state. And, Ohio is not unique in facing these types of problems. Almost two years have passed since Florida legalized medical marijuana, with over 70 percent of voters approving the measure. Thus far, 64 medical marijuana dispensaries opened in the state. However, some cities in Florida that temporarily stopped dispensaries from being opened in their communities are now making those bans permanent.

State rules were adopted last year giving cities two choices: either issue an outright ban of medical marijuana dispensaries or regulate them the same way they regulate pharmacies. Regulating dispensaries the same way they regulate pharmacies means that dispensaries must be allowed to operate in all commercial districts, although they cannot be within a certain distance of schools. So, some cities chose the outright ban.

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The Patton Law Firm, LLC
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Solon, OH 44139-2981

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