Chrissie Thompson

cthompson@enquirer.com

This story was originally published on March 6, 2014

In 2003, Rob Ryan got cancer – the second of his three battles against the disease. This time, it was in his colon.

The chemotherapy was wreaking havoc in his body. He wasn't eating. Medicines his doctor prescribed didn't stem his nausea. He was allergic to the opiates he received. Ryan, of Blue Ash, was wasting away.

"So I said, 'Forget this,' and I started to use marijuana. It worked," Ryan told The Enquirer. He smoked in an upstairs bathroom.

Soon, even his wife was convinced.

That was all illegal. But an overwhelming majority of Ohio voters believe that should change: Eighty-seven percent of Ohio voters believe medical marijuana use under the care of a doctor should be legal, according to a poll released last week.

Support is less strong in Kentucky, but a majority of voters are behind the issue: The Louisville Courier-Journal Bluegrass Poll released last month showed 52 percent favor the legalization of medical marijuana – the second year in a row in which the issue drew majority support in the poll.

A wave of support for the issue is building nationally, too: Twenty states and the District of Columbia have already legalized medicinal cannabis, and advocates from the Marijuana Policy Project say they're close in Minnesota and New York.

They've also targeted 15 states to be next in legalizing recreational use of marijuana.

Even with all the support, Ohio doesn't appear likely to change its marijuana laws in 2014. Medical marijuana advocates have gathered only 50,000 of the more than 385,000 signatures they'd need by July 2 to put an issue on the ballot this year.They estimate they need as much as $10.5 million to gather the signatures and run a campaign, but say they have only about $50,000in donations they've received or have been promised. And Republicans in the Legislature are unwilling to bring the issue for a vote.

In Kentucky, approval of medical pot appears just as far away. A state House committee last week voted for the first time to advance a perennial medical marijuana bill. But even if the Democrat-controlled House passes the bill, the Republican-dominated Senate is unlikely to act on the legislation, said Majority Leader Damon Thayer, R-Georgetown, whose district includes southern Kenton County.

"There's just not much momentum in Kentucky," Thayer said in a text message. "We need to see what happens over time in other states before acting on such a controversial issue."

If Ohio is to be one of those leading states, its advocates need money – lots of it.

The state has three medical marijuana amendments whose language has been approved by the attorney general and the bipartisan Ohio Ballot Board. The Ohio Cannabis Rights Amendment has the most momentum, but its supporters would need to hire a signature-gathering firm in the next month to have hope of qualifying for the November ballot, much less pay for a campaign if they do get the issue on the ballot.

The Ohio Rights Group, which is behind the amendment, is seeking meetings with national groups that have helped to pay for successful campaigns, such as the Marijuana Policy Project and the Drug Policy Alliance. So far, none of the organizations has agreed to meet with the Ohioans, said John Pardee, president of the Ohio Rights Group. But Pardee said he hears the groups are open to the idea.

Bob Fitrakis, a political scientist at Columbus State Community College who ran for governor in 2006 with the support of the Green Party, said he thinks national donors should be excited about the 8-to-1 support for medical marijuana in last week's Quinnipiac University poll, including support from 78 percent of Republican respondents.

The poll used the word "prescribe" to describe a doctor's involvement with medical marijuana. In Ohio, doctors would merely diagnose a patient with a qualifying ailment, so support might be a few points lower if the actual amendment language were used. But it's still likely high enough that opposition to the measure would probably not be able to defeat it, said Fitrakis, who is serving as attorney for the Ohio Rights Group.

"The other side can have a ton of money, but to blast away at 87 percent, that maybe might get it down to the 60s," he said.

A slim majority of Ohioans in the poll – 51 percent – even said they'd support allowing adults in Ohio to possess small amounts of marijuana for personal use and said they did not think the drug led people to use other drugs.

Despite the support among voters, Ohio's elected officials oppose legalizing medical marijuana through the Legislature.

State Rep. Bob Hagan, D-Youngstown, has introduced two measures to legalize and regulate marijuana use, like alcohol use, and to allow patients to use cannabis for medical purposes. The measures have been shunned by both Republicans and Democrats: Hagan has only one co-sponsor on the outright legalization and two on medical marijuana.

"I think that there's a fear of people branding them in the next election as pot-smoking ne'er-do-wells," Hagan said of his colleagues in the Statehouse. "I'm confused at why they continuously ignore the issues that I think would relieve a lot of people who are suffering from pain. Twenty states have already done it. Why are we so slow?"

Speaker Bill Batchelder, R-Medina, said he can't imagine a scenario in which the measures advance in the House. He worries that legalized marijuana would be abused, as prescription painkillers have been, which led to the heroin epidemic facing the region.

"I know what happened with the opioids," Batchelder told reporters last week. "I know what's happening today in our schools, what's happening with children who are presented with a dish full of medications."

Gov. John Kasich took a stance against medical marijuana in 2012.

"Physicians tell me we don't need that. There's better ways to help people who are in pain," he said.

The American Medical Association continues to call cannabis "a dangerous drug" and "public health concern" and opposes legalizing the sale of marijuana, although it has called for clinical studies on marijuana as a medicine. Those studies are necessary to turn pot into safe, "proper medicine," with specific dosages and known side effects, said Marcie Seidel, executive director of the Columbus-based Drug Free Action Alliance.

But safety is exactly one reason advocates say they support medical cannabis. They say smoking or ingesting the plant is a safer way to address pain than taking an opiate that could form a habit, lead to an overdose or move a person closer to using heroin.

"Marijuana is safer than any opiate drug out there," said Ryan, of Blue Ash, who is president of the Ohio chapter of the National Organization for the Reform of Marijuana Laws and also works for Law Enforcement Against Prohibition.

"Opiates kill people," he said. "Marijuana doesn't." ■

How it could get done

Ohio

Ballot initiative: Of the three approved ballot initiatives, the Ohio Cannabis Rights Amendment has the most momentum. It would allow the use, possession and production of cannabis for those diagnosed with a qualifying disease. It would also allow individuals and companies to produce and sell hemp.

Bill: Would allow patients with qualifying diseases to register to be able to grow or use cannabis for medicinal purposes at a doctor's recommendation. The bill received one committee hearing last year and is not likely to advance.

Joint resolution: Would legalize marijuana use – recreational or medicinal – for anyone age 21 or older. Driving under the influence would remain illegal. The resolution received a committee hearing last year and is not likely to advance.

Kentucky

Bill: Democrats have introduced bills in both the House and Senate that would legalize medical marijuana for patients with qualifying diseases. They must register with the state and have received a doctor's recommendation. The House bill last week passed out of a committee, but even if it passes the full House, it is not likely to advance in the Senate.

Indiana

Bill: A perennial bill in the Senate would remove jail time for possessing less than two ounces of marijuana. (Ohio gives a fine, not jail time, for possessing small amounts of marijuana; jail time is a possibility in Kentucky.) The bill is not likely to advance.

Who could use it

The use of medical cannabis in Greater Cincinnati would likely be limited to the residents of whichever state were to act first.

For example, the Ohio Cannabis Rights Amendment would allow Ohio adults, or children who have the consent of a parent, to use, possess, produce and acquire cannabis if they've been diagnosed with a "debilitating medical condition." Qualifying diseases include glaucoma, cancer, AIDS, Crohn's disease and chronic pain or nausea.

After receiving the diagnosis from a doctor, patients would take their medical records to a state agency to receive a card that certifies them to use medical marijuana. A new state commission would determine what medical conditions beyond the initial list are eligible for marijuana use, such as seizures or attention deficit hyperactivity disorder.

The commission would also have the authority to grant reciprocity with other states that have medical marijuana, such as Michigan, or otherwise expand the amendment's reach.

The medical marijuana bills introduced in Ohio and Kentucky would allow non-resident patients to use pot for medicinal purposes, but only if they have received a card from their home state that certifies them to use medicinal cannabis. So residents of states where pot is still illegal wouldn't be allowed to use the drug.

What the polls say

Ohio

Question / results: Do you support or oppose allowing adults in Ohio to legally use marijuana for medical purposes if their doctor prescribes it? 87 percent support, 11 percent oppose, 2 percent don't know

Poll: Quinnipiac University

Who was polled: 1,370 registered voters

When: Feb. 12 to 17

Margin of error: +/- 2.7 percentage points

Kentucky

Question / results: Do you favor or oppose allowing the use of medical marijuana in Kentucky? 52 percent support, 37 percent oppose, 12 percent not sure

Poll: Bluegrass Poll (Louisville Courier-Journal, WHAS-TV in Louisville, Lexington Herald-Leader, WKYT-TV in Lexington)

Who was polled: 1,082 registered voters

When: Jan. 30 to Feb. 3

Margin of error: +/- 3 percentage points