Marijuana as Solutions Information TechnologyMedicine

2011 Summit

Ohio Medical Cannabis Act of 2012 (OMCA)

Legal Impacts law enforcement: Where a state or Patients and caregivers can possess locally-funded law enforcement up to 200 grams of usable cannabis, agency encounters an individual who, 12 mature plants and 12 immature plants, during the course of an investigation, while cultivator can possess and grow up credibly asserts that he or she is a to 200 grams of usable cannabis, twelve registered cardholder . . . the law mature plants and twelve immature enforcement agency shall not provide plants per patient. In comparison, four any information from any cannabis cannabis plants can be enclosed in a related investigation of the person greenhouse, building, farm, room or plot or entity to any law enforcement of land enclosed while excluding the authority that does not recognize the necessity of a roof. It must be locked protection of this Amendment and and not seen outside at ground level. any prosecution of the individual . . . OMCA allows criminals, even certain felons, to be caregivers. Patients can Business Impacts be criminals, including felons. Because Existing specific anti-discrimination laws the law requires presumption of medical that prevent an employer from disciplinuse [Sec. 3(F)], cardholders can use ing or firing their employees for race, marijuana even if theyre ordered to stay sex, age, and other criteria. OMCA and drugfree while on probation, parole or the Ohio Medical Cannabis Act adds in drug court. new anti-discrimination language that Any citizen may petition the Commission essentially makes medical marijuana to add a medical condition to the list of users a protected class, thereby allowing debilitating medical conditions in the a medical marijuana patient to bring Amendment. suit if that employee feels he or she was OMCA also provides that no person discriminated against. shall be subject to arrest, prosecution, OMCA will only allow an employer to or denial of any right or privilege . . . for take action on an employee using maribeing in the presence or vicinity of the juana or testing positive for marijuana if medical use of cannabis. the employer can prove impairment. OMCA ensures law enforcement OMCA gives no definition of impairment cannot fulfill its duties to enforce and no guidelines for an employer to federal law or cooperate with federal use to determine impairment.

STATUS
Ballot language was rejected in September 2011 because summary was not reflective of the actual language. This group is re-working their summary and collecting signatures again. The highlights herein reflect the ballot language as of October 1, 2011. Please note that the ballot language is subject to change until signatures are authorized, so please check updated language at www.omca2012.org.

Marijuana as Solutions Information TechnologyMedicine

2011 Summit

Ohio Medical Cannabis Act of 2012

OTHER AREAS OF CONCERN
Anyone under the age of 18 is not allowed to receive a medical marijuana card, unless the child has the benefits and risks of medical marijuana explained to them and the parent signs a consent form.

Government Impacts A new state agency, the Ohio Cannabis Control Commission will be created. The newly created state agency would be responsible for issuing cards, keeping the database current and would also make judgments on adding additional illnesses to the list of acceptable ailments for medicinal marijuana usage. There will be a divide between federal law and state law. Federal law still considers marijuana a Schedule I drug but state law would contradict that. This means that by establishing this new state agency, the state would be requiring its workers to violate federal law. Definitions Debilitating conditions included in the language is defined as: (a) all federally approved medical conditions for the use of medical cannabis covered under the federal Compassionate Investigational New Drug Study program, including but not limited to: multiple congenital cartilaginous exostosis, glaucoma, multiple sclerosis, nailpatella syndrome, positive status for human immunodeficiency virus and acquired immune deficiency syndrome; to which are here added any terminal patient or person with a terminal condition; agitation of Alzheimer's disease; amyotrophic lateral sclerosis; cancer; celiac disease; Crohn's disease; hepatitis C; mylomalacia; post traumatic stress; rheumatoid arthritis; sickle cell anemia; injury or disease to the spinal cord, spinal column, or vertebra; Tourette syndrome; or the treatment of these conditions;

(b) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe or chronic pain; severe or chronic nausea; seizures, including those characteristic of epilepsy; severe or persistent muscle spasms; (c) any other medical condition or its treatment added to this definition of a debilitating medical condition elected by the Commission, pursuant to Section 4 (A) of this Amendment. Practitioner means a person who is licensed with State Medical Board of Ohio to prescribe drugs to humans, including the following; a dentist or oral surgeon licensed under Chapter 4715 of the Revised Code; (b) an optometrist who holds a therapeutic pharmaceutical agent's certificate issued under Chapter 4725.13 of the Revised Code; (c) a physician authorized under Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or pediatric medicine and surgery; (d) a psychiatrist authorized under Chapter 4731 of the Revised Code as it relates to the treatment of post traumatic stress or other debilitating psychological conditions which may be added by the Commission; (e) in relation to a visiting qualifying patient, "practitioner" means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence.

Schools cannot refuse to enroll a marijuana cardholder. [Sec. 5(A)] Must the school also allow the child cardholder to bring his medicine to school with him? Will the child be allowed to keep his medicine in his pocket, rather than check it in with the school nurse as is required with other medicines?