The medical marijuana bill passed May 25 by the Ohio Senate with a vote of 18-15 did not inspire ground swelling support from the cannabis activist community.

House Bill 523, pushed through the legislature in four short weeks by House co-sponsors Steve Huffman (R-Tipp City), Kirk Schuring (R-Canton) and Dan Ramos (D-Lorain), along with help from Senators Dave Burke (R-Marysville) and Kenny Yuko (D-Richmond Heights), lists 21 conditions eligible for treatment with medical marijuana: acquired immune deficiency syndrome, Alzheimer’s disease, amyotrophic lateral sclerosis (ALS), cancer, chronic traumatic encephalopathy (CTE), Crohn's disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, chronic/severe/intractable pain, Parkinson's disease, HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease/injury, Tourette's syndrome, traumatic brain injury and ulcerative colitis, along with any other disease or condition that can be added in the future by the state medical board.

The Ohio Department of Commerce will oversee growers, labs and processors. The state's pharmacy board will manage the licensing of dispensaries and the registration of patients. It is still unclear if Governor John Kasich will sign the bill, which would make Ohio the 26th medical cannabis state. (note: I think Louisiana came on board a week or so ago.)  

Criticisms of the bill include the ban on smoking or home growing marijuana, although it does allow for vaping and edibles.

Mary Jane Borden, of the Ohio Rights Group (ORG), which had collected signatures a few years ago to put a medical marijuana amendment on the ballot, wondered: “What does the pharmacy board know about growing a plant? They seem more aligned with the pharmaceutical industry, preferring pills to the natural herb.” She was also concerned if partial control of the nascent medical cannabis industry by the pharmacy board represented a conflict of interest for Senator Burke, who is a pharmacist and member of the Senate Government and Oversight Committee that modified the House version of the bill to favor his profession.

The Marijuana Policy Project (MPP), with support from its affiliated Ohioans for Medical Marijuana, had been collecting signatures to put a different medical marijuana ballot issue to the vote this fall. “The provisions in the MPP amendment were set so that the legislature, its lobbyists and special interests can’t change the game plan or playing field by deals make in smoke filled rooms,” Borden noted. However on May 28, MPP suspended their ballot issue campaign.

On their website, the MPP called House Bill 523, “a narrow and restrictive medical marijuana bill.” Their analysis states that the bill “would take up to two years to be implemented, with major decisions punted to an unelected board that could be stacked with persons openly hostile to medical marijuana.” The bill also includes a poorly drafted affirmative defense clause and leaves patients who need medical marijuana without legal protection for the next two years. It could as well put doctors at odds with federal law and place their federal licenses to prescribe drugs in jeopardy. A similar provision in the state of New York has been a key factor in why only 556 doctors out of 90,000 in the state have agreed to see medical marijuana patients.

“The passing of HB 523 is something to celebrate, as so many patients will be now have safe access to medical cannabis,” said Janet Breneman, nurse and Democratic candidate for Ohio’s 67th State House District. “It was a very long road to get us here and I am proud to have played a role in this history-making event. I want to thank Americans for Safe Access (ASA) for their support and resources to help get this done."

 
ASA was generally supportive of the HB 523 proposal, but sought amendments, including the removal of language that could make medical cannabis patients subject to being fired from their jobs. The employment provisions not only make it easier for employers to fire patient-employees, but also forbids them from seeking justice in the courts for wrongful termination.
 
“Overall, we are happy that Ohio has passed legislation that will create a system for safe and legal access to medical cannabis, but we have serious concerns about the employment provisions,” said Michael Liszewski, ASA Government Affairs Director. “Patients should not have to choose between the medicine and their job, but unfortunately, HB 523 will create these types of scenarios. We look forward to working with the legislature to amend the provision so patients won’t have to make this choice.”

“The pharmacy board still carries too much weight over dispensing cannabis, the affirmative defense is barely one, medical marijuana patients can be fired at will, and of course, no smoking or home growing,” Borden concluded, “With these critical flaws, HB 523 has a long way to go to win the hearts and minds of Ohio’s medical cannabis patients and advocates.”