By JAN LARSON McLAUGHLIN
BG Independent News
Earlier this year, state legislators approved a medical marijuana bill, making Ohio the 25th state to legalize marijuana use for medicinal purposes.
But when House Bill 523 goes into effect next Thursday, city officials hope to have their own medical marijuana restrictions in place.
On Tuesday, Bowling Green City Council’s agenda shows the first reading of a resolution imposing a temporary moratorium on medical marijuana cultivation, processing and retail dispensary facilities in the city.
When the legislation was passed in June, the state cautioned it could take up to a year to be fully implemented.
“Like the state, the city of Bowing Green also needs time to work on its regulations as they relate to medical marijuana,” the resolution explanation states.
The city resolution would impose a year-long moratorium on medical marijuana growth, processing and sales. The moratorium will also cover the submission, consideration and approval of all applications for special permits, use permits, building permits and other permits from the planning or zoning departments for cultivating, processing or retail dispensing of medical marijuana.
House Bill 523 includes a provision allowing municipalities to adopt resolutions to prohibit or limit the number of cultivators, processors or retail dispensaries licensed under the new law.
The city planning department will be directed to begin research and come up with recommendations
“necessary to preserve the public health, safety and welfare through regulatory controls for medical marijuana growing, processing or sales.”
The resolution is proposed to go into effect immediately as an emergency measure and to be in place prior to House Bill 523 going into effect on Sept. 8.
“Note that implementing this legislation is not a long-term decision for the city,” according to the legislative package that went out to all council members for Tuesday’s meeting. “It simply provides the time that we need to fully vet this issue. As stated, there are many issues the city needs to consider related to this matter. If this is not passed, there will be no regulations on Sept. 8 and could be problematic for planning and zoning.”
House Bill 523, was supported by State Sen. Randy Gardner and former State Rep. Tim Brown, both Republicans from Bowling Green.
According to the Marijuana Policy Project, the bill includes the following provisions:
- Timeline and Regulatory Authority: Regulatory oversight will be shared among three agencies, which will write rules following the effective date. The Department of Commerce has until March 6, 2017 to adopt rules to oversee cultivators and testing labs. The Board of Pharmacy, which will oversee the patient registry and dispensaries, and the State Medical Board of Ohio, which will oversee physicians, will both have until Sept. 6, 2017 to create and adopt rules.
- Qualifying Medical Conditions: Ohio includes several qualifying medical conditions in its program — including AIDS, Alzheimer’s disease, amyotrophic lateral sclerosis, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, chronic or intractable pain, Parkinson’s disease, positive status for HIV, PTSD, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis. The state medical board may add other diseases or medical conditions.
- Certifying Physicians: To qualify for the program, a patient must be diagnosed with a qualifying medical condition and receive a recommendation from a physician approved by the state. An in-person physical examination is required, and the physician must have an expectation of providing ongoing care for the patient. The physician will submit the required paperwork directly to the state on behalf of the patient seeking registration.
- Usage Limitations: Patients will have access to medical marijuana, including whole plant, extracts, and infused products such as food items. Under the law passed by lawmakers, raw cannabis may not be smoked, but may be vaporized. Patients will be limited to a 90-day supply of medical marijuana in its various forms, with the exact amount to be determined by the Board of Pharmacy.
- Health Insurance: Government medical assistance programs and private health insurers are not required to reimburse any costs involved with the use of medical cannabis or any costs associated with an employer having to make accommodations for the use of medical cannabis in the workplace.
- Out-of-State Patients: Ohio may decide to enter into agreements with other medical marijuana states with similar programs, which would allow residents of those states to obtain assistance while in Ohio, and vice versa. The specific requirements have not yet been established, and it is likely the state will not automatically recognize patients from every medical marijuana state.
- Growers:The Department of Commerce will establish the number of cultivators allowed during the rule-making process based on anticipated demand. The department will also establish requirements related to seed-to-sale tracking systems, bookkeeping, and surveillance and other security systems.
- Dispensaries:Similarly, the Board of Pharmacy will establish the number of dispensaries in the state according to population and expected demand, although unlike cultivators, dispensary locations will be based on the distribution of the state population. The board will also adopt tracking, security, and other requirements.
- Legal Protections: Registered patients and their designated caregivers will be protected from arrest, prosecution, and discrimination in child custody matters. Registration status alone cannot be used as the basis for a DUI investigation, nor can patients be discriminated against when seeking either organ transplants or housing. Employers do not have to accommodate employees’ on-site use, but prospective employers cannot refuse to hire due to a person’s registry status. Legal protections do not take effect until the patient has been issued a medical cannabis registration card.
- Taxes and Fees: The regulatory authorities will set application fees for patients and businesses. While prescription drugs are exempted from sales taxes in Ohio, medical marijuana is not available under a prescription, so exemption for prescriptions will not apply. The state sales tax rate is currently 5.75 percent for retail sales, and depending on additional rates set by local municipalities, the total sales tax can be as high as 8 percent at the register.
