Medical Marijuana

Ohio became the latest state to legalize medical marijuana when Gov. John Kasich signed House Bill 523 into law on Wednesday.

(Jim Mone, Associated Press)

COLUMBUS, Ohio -- With little fanfare, Gov. John Kasich on Wednesday signed a law creating a strictly regulated medical marijuana program.

Kasich's communications team announced the signing without any comment, simply including it in a list with several other bills the governor also signed Wednesday.

The new law goes into effect 90 days after the bill is officially filed with the secretary of state, making the marijuana legal sometime in early September.

At that time, patients will have an "affirmative defense" against prosecution for marijuana possession charges if they have written permission from their doctor to use marijuana in a form allowed under the law. It could be a year or more until Ohioans can walk into a dispensary and buy medical marijuana.

Kasich forewent a public signing ceremony, opting to ink the bill with dozens of others late Wednesday afternoon.

Kasich opposed last year's recreational marijuana measure and said at the time that medical marijuana wasn't the answer for Ohioans suffering untreatable seizures and other debilitating diseases. His position on medical marijuana softened while campaigning to be the GOP's presidential nominee, saying he'd look at the issue.

Ohio's medical marijuana program is strict, regulated

Ohio is the 25th state to pass a comprehensive medical marijuana program, according to the National Conference of State Legislatures. The Ohio law prohibits smoking or growing marijuana at home but allows cannabis oils, tinctures, patches, edibles and plant material to be used and sold in state-licensed dispensaries.

The program will be regulated by the Ohio State Pharmacy Board, State Medical Board and Department of Commerce. A 14-member advisory board including pro-medical marijuana members would recommend rules to the three regulatory agencies.

The program must be operational within two years, according to the law, but lawmakers think it will take less time.

People with the following medical conditions will be able to use medical marijuana under the law: HIV/AIDS, amyotrophic lateral sclerosis (ALS), Alzheimer's disease, cancer, chronic traumatic encephalopathy (CTE), Crohn's disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson's disease, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette's syndrome, traumatic brain injury and ulcerative colitis.

Employers can still fire medical marijuana patients if their marijuana use violates the employer's drug-free workplace or zero tolerance policy.

Ohio on Wednesday joined 24 states and the District of Columbia that have legalized medical marijuana.

How the bill became a law

Despite Issue 3's nearly 2-to-1 failure, public opinion polls showed high support for medical marijuana, and state lawmakers felt compelled to act before another ballot measure came along. Sure enough, national group Marijuana Policy Project announced in January they were forming Ohioans for Medical Marijuana to put a constitutional amendment on the November ballot.

While the group collected signatures, the House formed a 15-member task force and a bipartisan pair of senators toured the state. Each effort heard hours of testimony from more than 100 people -- patients, parents, physicians, marijuana researchers, employers and other interested parties.

House Bill 523 was introduced April 14 and swiftly moved through the Statehouse with several changes along the way, clearing both chambers on May 25. The bill had bipartisan support but passed by only two votes in the Senate.

Two days later, Ohioans for Medical Marijuana announced it was ending its Ohio campaign because the "limited but workable" bill hurt its ability to raise the millions of dollars needed for a successful campaign.

Campaign spokesman Aaron Marshall said Wednesday should be remembered as a huge step forward for Ohio.

"This is a joyous day for the thousands of Ohioans who will finally be able to safely access much-needed medicine," Marshall said. "We plan on working to better this program, utilizing our amendment as a road map for those improvements."

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