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Ohio Medical Marijuana Law Blog

Missouri to vote on whether to legalize medical marijuana

Many states around the country voted to legalize medical marijuana in 2016, with many more proposing to do the same. On November 6, residents of Missouri will vote on whether to legalize medical marijuana. However, there is not just one proposal on the ballot regarding this issue, but three. All three proposals would permit individuals with certain medical ailments to possess and consume medical marijuana. How they differ comes down to taxes.

Amendment 2 focuses on veterans. Under this amendment, a 4 percent sales tax on medical marijuana would be levied. The tax funds would then go towards the creation of a veterans' health care fund. Amendment 3 focuses on cancer research. Under this amendment, a 15 percent sales tax on medical marijuana would be levied. The tax funds will then be used for cancer research. Finally, Proposition C, focuses on various state issues. Under this proposition, a 2 percent sales tax on medical marijuana would be levied. The tax funds will then be used to benefit various causes, including public safety, education, drug treatment and veteran care.

Ohio edges closer to being active in the marijuana market

Medical marijuana advocates celebrated a major victory for their cause two years ago when wheels began turning to legalize medical marijuana in Ohio. Since then, state regulators have been hard at work putting rules and regulations into effect, including what forms the medicine will be available in. Progress can be slow when the government is involved though, and medical cannabis has yet to be on shelves.

Our state has taken yet another step in the right direction, however, because marijuana cultivators harvested their very first crops this week. According to the Chicago Sun-Times, Agri-Med Ohio LLC and Wellspring Fields have taken in their first haul of mature marijuana plants. This is an important milestone for the industry, but it will still be several months before the finished products will make their ways into the hands of consumers.

What forms of medical marijuana are lawful in Ohio?

Many people in Ohio suffer from medical conditions that are not well controlled by traditional medicine. However, marijuana has proved to be useful in some cases for medical purposes. Therefore, medical marijuana has been made legal in Ohio. However, not all forms of marijuana are lawful for medicinal purposes.

Certain forms of medical marijuana are legal in Ohio. They are: patches, edibles, plant material, tinctures and oils. However, it is illegal to smoke medical marijuana, although it can be used for vaping. In addition, it is illegal to make available any form of medical marijuana that would be attractive to minors.

Considering a business or investment opportunity in the cannabis industry?

It's a historic time for the cannabis industry. Legalization of medical marijuana has swept across the nation in recent years, with approvals in the majority of states and hints that federal decriminalization may soon follow. Recreational use, too, has been legalized in a growing number of states.

For entrepreneurs and investors, these developments represent a major opportunity. Dispensaries, grow operations, testing labs and processing facilities are taking off in Ohio and elsewhere.

Ohio auditor criticizes handling of medical marijuana program

While medical marijuana was legalized in Ohio in 2016, there have been some hiccups in trying to get the program off the ground. One particular issue is the issuance of licenses for cultivators of medical marijuana. Per law, if a person in Ohio wants to grow marijuana, they must have a license from the state to do so. And, at least one report indicates that the state's approach towards licensure has made some critical errors.

A recent report issued from the Ohio auditor's office stated that regulators in the state made numerous data entry mistakes, did not correctly redact identification information from applications to cultivate medical marijuana and were inconsistent in scoring 185 cultivation applications.

What conditions can medical marijuana be prescribed for in Ohio?

The state of Ohio may have legalized marijuana for medicinal uses, but that doesn't mean physicians can prescribe it for any ailment they deem appropriate. There are limits the state has put into place with regards to what conditions can be treated with medical marijuana. These are known as "qualifying medical conditions." It is important to know what marijuana can legally be prescribed for so as to not run afoul of the law.

A physician who is certified to prescribe medical marijuana may do so for the following conditions: Positive status for HIV, AIDS, Alzheimer's disease, cancer, sickle cell anemia, epilepsy and seizure orders, Chron's disease, inflammatory bowel disease, ulcerative colitis hepatitis C, glaucoma, spinal cord disease or injury, Parkinson's disease, multiple sclerosis, amyotrophic lateral sclerosis, fibromyalgia, pain that is intractable or chronic and severe, traumatic brain injury, post-traumatic stress disorder and Tourette's syndrome. As of right now, it is only lawful to prescribe medical marijuana for the treatment of these specific conditions.

What Every Entrepreneur In The Cannabis Industry Should Know...

The marijuana industry is ripe with opportunity like never before. Yet it takes more than a forward-thinking business owner to get a successful enterprise up and running. It also takes a thorough knowledge of the countless regulatory obstacles that will stand in your way, at each step of the way.

Cultivators of medical marijuana face legal hurdles

The cultivation, sale and use of medical marijuana is increasingly becoming legal in states across the nation. This is good news for those who suffer from debilitating medical conditions, who may find their only source of relief is through the use of medical marijuana. However, issues can come up when state law and federal law clash.

Medical marijuana cultivators in Ohio are planting marijuana seeds, but they are doing so in part in stealth. This is because even in states like Ohio that have legalized medical marijuana, marijuana cultivation is still against the law on the federal level. Therefore, state-licensed marijuana growers are not disclosing where they will get the seeds to grow the plants, as they are technically breaking federal law by obtaining these seeds.

Zoning laws prevent medical marijuana dispensaries from opening

Medical marijuana has been legalized, at least to a certain extent, in many states in the nation, including Ohio. However, some dispensaries are facing onerous laws and regulations that are keeping them from exercising their lawful right to open shop.

Are Appeals Working For Marijuana Businesses Denied Licenses?

Ohio's medical marijuana licensing procedures have not been going smoothly. Along the way, there have been many errors and many fixes, likely with more to come.

One of the key elements of the process is the right of a business to appeal a denied license when there is indication that it was denied wrongfully. A recent case shows that the appeals process may be working as it should, even if other parts of the process still need tweaking.

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