Breakdown of 2016 medical marijuana amendments

By: Hannah Armenta

As of May 2016, Ohio has two amendments added to House Bill 523.
Click here for an analysis of House Bill 523

It must be prescribed by an approved medical professional who has an established relationship with the patient, where the physician feels the patient’s quality of life would improve with the alternative form of medicine.

The bill also limits the amount of tetrahydrocannabinol to three and 35 percent in the plants and no more than 70 percent in extract. Tetrahydrocannabinol, better known as THC, is the psychoactive compound that causes a high. It also can increase appetite, decrease nausea and reduce pain levels in patients.

Under this bill, home growing will not be permitted and users cannot smoke the substance.

On May 4, 2016, a sub bill which would allow users to smoke cannabis was introduced in the House and was voted out by the committee.

The committee consists of nine members ranging from pharmacists to patient advocates.

State Rep. Stephen Huffman (R), said edibles, tincture (extract) and whole plants will be permissible. Whole plants can be vaporized, extracting the chemicals but will not produce smoke.

There are 25 to 30 conditions in the sub bill from multiple sclerosis, seizures, PTSD to chronic pain.

“Additional conditions can be added by the medical marijuana control commission with discussion with the state of Ohio medical board,” he said.

Breaking down the amendments

Medical Use of Marijuana Amendment

Click here to view the Ohioans-for-Medical-Marijuana-Second-Submission (PDF)

The first amendment, Medical Use of Marijuana Amendment, is proposed by Ohioans for Medical Marijuana. The amendment would make it possible for adults over the age of 21 to grow, buy and use marijuana if it is prescribed to them from an approved physician.

Like many other states who have adopted medical marijuana, users would apply for ID cards which would allow them to have up to 2.5 ounces of medical marijuana on them. They could also grow up to six plants.

“We are passionate about getting medical marijuana on the ballot because there are thousands of Ohioans who have serious illnesses that need medical marijuana,” said Aaron Marshall, communications director for Ohioans for Medical Marijuana.

Under this amendment, the state would be able to give out business licenses for a $5,000 fee to dispensaries, product manufacturers, testing facilities, type 1 cultivation facilities (up to 25-thousand square feet of growth), type 2 cultivation faculties (up to five-thousand square feet of growth) and distributors.

Marshall said education is what will help amendments like this to pass.

“It’s something that people need that its not just hippies who are making up conditions to legally smoke marijuana,” he said. “The fact of the matter is there are thousands of Ohioans who are in constant pain.”

Medical Cannabis and Industrial Hemp Amendment

Medicinal Cannabis and Industrial Hemp Amendment Second Submission (PDF)

Medicinal Cannabis and Industrial Hemp Amendment Second Submission (Text)

Grassroots Ohio produced the Medical Cannabis and Industrial Hemp Amendment. The amendment would allow adults over the age of 18 to “to possess, process, transport, use, share, and cultivate cannabis, commonly referred to as marijuana, marihuana, or hemp, for medicinal purposes.”

It would also prohibit those under the influence of marijuana to operate a motor vehicle or heavy machinery. Standard urine tests would not be the sole way of testing for drug use. Blood, tissue, hair or skin tests are also permitted.

Residents would also have the right to cultivate and process non-medicinal cannabis products. The amendment calls for industrial hemp and medical cannabis to be removed from Schedule I classification in the State’s Schedule of Controlled Substances one year after the amendment is in place.

Moving forward

Regardless of the laws surrounding cannabis use, most Ohioans agree it’s time for Ohio to adopt medical marijuana laws.

“Polls right now show that 80 to 90 percent of Ohioans want medical marijuana in some form,” Rep. Huffman said.

Both Rep. Huffman and Marshall agree last year’s Issue 3, which would legalize marijuana for recreational and medical uses, was unlikely to pass.

Huffman believes a stricter bill is more likely to be passed.

“If there is a ballot initiative, it will be etched in our constitution forever and so the way we are doing it is the right way so we can change it in the future if we need to.”

HB 523 is currently in special committee. Both amendments are hoping to show up on the 2016 ballot.