Kelly McBride

kmcbride@communitypress.com

The passage of an Ohio House bill to legalize medical marijuana has started the clock for municipalities that want to regulate those sales.

Although the rules for growing and dispensing the drug are still being developed, local municipalities may need to examine their zoning laws to see if medical marijuana can be sold there.

House Bill 523 was signed June 8, with an effective date of Sept. 6, though details about how medical marijuana would be licensed, cultivated and dispensed are still being worked out. It established a Medical Marijuana Control Commission, which will administer the Medical Marijuana Control Program.

Joe Deters on marijuana legalization

The program will allow patients, with a physician’s recommendation, to use medical marijuana for a qualifying medical condition. The patient, any caregivers and the physician must be registered through the program. Personal use of medical marijuana is not allowed, and it can’t be smoked or used in any combustible way. It will be available through oils, tinctures, plant materials, edibles and patches. The program also specifies that it can’t be made or sold in a way that’s attractive to children.

The zoning of dispensaries has been left up to local municipalities, but none can be located within 1,000 feet of a school, church, public library, public park or public playground. Those regulations also apply to cultivators, processors and laboratories.

While marijuana is classified as a schedule 1 controlled substance, medical marijuana has been classified as a schedule 2. This means it has no currently acceptable medical use or safety process, and has a high risk of abuse.

Any zoning laws in place at the time the law becomes effective could allow or prohibit dispensaries from being established locally. Changes require a public hearing, which means communities will have a 30-day wait until council members can vote, so current laws would prevail if no action is taken before Sept. 6. Though changes could be made after that, municipalities will be restricted to any current laws if a dispensary is not prohibited and a retailer opens one after the September activation date.

A look at how local communities and others plan to address the issue:

Anderson Township

“We are just starting to look at what our options are,” Anderson Township Administrator Vicky Earhart said. The township will initially focus its attention on zoning and what changes might need to be made.

Earhart said she would like to hear the thoughts of the medical community and residents as they pertain to the law. As details of the rules and regulations begin to take shape, Anderson Township will be in a better position to make informed decisions.

Batavia Township

Batavia Township Zoning Administrator C. Denise Kelley said a medical marijuana establishment would likely fall under agricultural use of a product and would be permitted under the township’s current zoning code.

“If this product falls under an agricultural classification, all of the rules that apply to agricultural uses would apply to this use as well from a zoning standpoint,” Kelley said. “Agricultural uses are allowed on any property in Batavia Township based on acreage.”

Kelley said the township would not “differentiate” this product from other agricultural products in regard to zoning requirements.

Blue Ash

Blue Ash officials did not response to multiple requests for comment.

Colerain Township

Colerain Township assistant Administrator Frank Birkenhauer says zoning issues connected to the sale of medical marijuana are on the radar, and discussions are underway.

“We have discussed this with our legal counsel, also represents many townships in the State of Ohio,” he said. “We are most likely going to look at a regulation that would restrict this use to certain areas in the township as we have done with other land uses.

Birkenhauer said if the township needs time, it can put a moratorium on the sales until regulations can be enacted.

Delhi Township

Gregory DeLong, the community development director for Delhi Township, said the township’s zoning code would allow for medical marijuana dispensaries.

“As of right now, we have nothing in the zoning resolution to restrict them,” he said. “It’s a business; it’s no different than retail sales.”

Township officials could amend the zoning resolution to prohibit such businesses, but the board of trustees has yet to take up the issue.

“We haven’t discussed this as a board,” Trustee President Cheryl Sieve said, noting the township has time to review the matter because the rules regarding medical marijuana are still being written.

“We’re kind of on hold until they solidify the direction of the law, especially as it pertains to townships.”

She said the Ohio Township Association is expected to take a position on the issue and she wants to hear what the association’s recommendations are before making any decisions in Delhi.

Sieve said she can’t say for certain whether the township would take a stance for or against medical marijuana businesses in the community, as it depends on how residents and the two other trustees feel about the issue.

DeLong said, if need be, the township can place a moratorium on the sale of medical marijuana to give officials time to discuss and implement any regulations.

Forest Park

Ray Hodges, city manager in Forest Park, says the city isn’t talking about about medical marijuana at this point, but it’s a conversation that will eventually have to happen.

“We will probably be reviewing it in greater detail,” he said. “I am sure we will discuss it over the coming months. It’s just not high on the priority list right now.”

Green Township

Adam Goetzman, Green Township’s assistant administrator/director of planning and development, said the legalization of medical marijuana is a topic which has yet to appear on the township’s radar.

“It might be something we need to talk about,” he said.

“I do know Ohio has taken a much more controlled approach to it, so it won’t likely be as pervasive as it may be in some other states.”

Township officials haven’t publicly stated whether they would support or oppose the opening of a medical marijuana business in the township because the issue hasn’t presented itself.

Goetzman said should the township trustees decide to prohibit medical marijuana operations, the board would only have regulatory jurisdiction in the White Oak area because that portion of the community has its own township zoning in the Northeast Green Township Zoning District.

The township’s zoning code in the White Oak area allows for 32 specific retail uses, and he said right now the sale of medical marijuana is not listed as a permitted use. Some permitted retail uses include antique stores, restaurants, dry cleaners, home improvement contractors and batting cages.

“One could make an argument, potentially, that medical marijuana is not permitted under the zoning code of the Northeast Green Township Zoning District as a stand alone business,” he said.

If township officials are in favor of a medical marijuana business opening in the northeast portion of the township, Goetzman said the board could amend the township’s zoning code to add medical marijuana as a permitted use.

“The issue has not come up, but right now it does not appear to be a permitted use,” he said.

Except for the White Oak area, the bulk of Green Township’s zoning falls under the regulations of the Hamilton County zoning resolution.

While township trustees can make their recommendations regarding medical marijuana businesses and township residents can voice their opinions on the matter at public hearings, the decisions on whether such businesses should be permitted in the township ultimately rest with the county rural zoning commission and the board of county commissioners.

Hyde Park

Hyde Park Neighborhood Council board President Andy Scarpitti said if the medical marijuana establishment complied with existing zoning, it would primarily be a legislative issue.

“The neighborhood council would address whether it is consistent with the Hyde Park long-range plan,” Scarpitti said. “Council would be more interested in defining whether that parcel is for business or residential use.”

Scarpitti said council would likely be more concerned whether the establishment meets the specific zoning requirements than the specific type of business.

However, he said “the devil will be in the details” and council would be in a better position to take a position if an actual proposal were before them.

“I’m sure people in the community would have an opinion on both sides of the issue,” he said.

Indian Hill

Indian Hill City Manager Dina Minneci said village ordinances do not allow for any business zoning in Indian Hill.

“We currently are reviewing this very new legislation with our solicitor to determine what impact, if any, it may have on the village,” Minneci said.

Loveland

Loveland City Manager Dave Kennedy said the city is reviewing the issue from a zoning standpoint only.

“We are reviewing sample legislations with our city solicitor,” Kennedy said.

He added they are reviewing what type of zoning classification a dispensary would fall under.

Loveland Police Chief Sean Rahe said he is also part of the discussion.

Madeira

Madeira approved a moratorium on medical marijuana dispensaries within the city by a vote of 7-0 at its meeting Aug. 22.

Ohio House Bill 523 legalized the sale of medical marijuana in Ohio, but the zoning regulations on the dispensaries were left up to municipalities.

“That becomes effective on Sept. 8. This ordinance established a moratorium should anyone surface with the desire to locate a medical marijuana dispensary in the city of Madeira,” Law Director Brian Fox said.

Milford

Milford currently has nothing in its zoning specifically directed at medical marijuana, Mayor Laurie Howland said.

To address medical marijuana with zoning laws, the change would have to go before the Milford Planning Commission and then before Milford City Council for a vote, Howland said.

But before that, Howland said, Milford probably would first send the issue to a council committee to study it and consider whether the city wanted to take action on it.

“We want to see how other communities are handling this,” Howland said.

“This is all so new and there is a lot more we need to learn about the issue.”

Montgomery

Montgomery City Manager Wayne Davis said the city is reviewing the regulations, but is expecting more to come from the state level.

“The city’s role, reserved in the bill, is to determine whether or where the dispensaries may be located within our city under our zoning code. City staff and the law director are reviewing our options and working cooperatively with other communities to address this new use,” Davis said.

He added with the additional restrictions from the state about the distance from schools, churches and public parks, Montgomery might be excluded from having a dispensaries.

“We will stay updated on the state regulations as we study the issue internally to be able to make a recommendation to the planning commission and city council,” Davis said.

Mount Healthy

Mount Healthy City Manager Bill Kocher says he has not talked with council about the issue, but once the law goes into effect, he will monitor the progress of the regulations and oversight policies the state issues. “There’s time, and we have other issues on which to focus,” he said.

“It will eventually be a future topic for discussion with council.”

Mount Lookout

State Rep. Tom Brinkman (R-Mount Lookout) voted for the medical marijuana legislation. He called the bill’s passage one of the best examples of “pure leadership” by a state official he’s seen in his nine total years as a representative. He was speaking of House Speaker Rep. Cliff Rosenberger (R-Clarksville).

“Basically, we had worked to defeat the bill in November and we worked with the promise that we would take up this issue and pass medical marijuana within the year,” he said referencing last November’s Issue 3 which would have amended the state’s constitution to legalize marijuana.

With defeat of last November’s ballot initiative, the House Speaker put together a task force, Brinkman said. Not everyone was happy, but they were aware that another petition drive was in place to return marijuana to the ballot.

There are those who are hardcore opposed to all marijuana, even for medical purposes, he said. There are those who favor complete legalization for both medical and recreational purposes. What was approved by Ohio’s elected officials is conservative.

“It was managing a trend that has moved across our country,” Brinkman said. With passage of this law, Ohio became the 25th state to legalize marijuana. As a law, the state also has the ability to revise it as needed, he said.

While medical marijuana for specific medical conditions becomes legal in September, a task force is charged with setting up rules for growers, dispensaries and patients. Brinkman said there’s no deadline for the task force to complete its work. They are going to be prudent and take their time but they will not drag their feet, he said.

An added benefit of the law is that it empowers the state’s great research universities and colleges to study marijuana. They might find in this plant a cure for cancer, muscular dystrophy or some other disease, Brinkman said.

Mount Washington

Alex Linser, board president of the Mount Washington Community Council, said council would likely go before the community regarding zoning of a medical marijuana establishment.

“We would have a public meeting at our of our regular community council meetings where people give their position,” Linser said. “Ultimately it would be up to the residents of Mount Washington whether they would take any position at all.”

Linser said the community council board would also likely form some type of ad hoc committee or have Mount Washington’s Zoning Committee research the issue and present their findings to the residents during council’s monthly meeting.

Oakley

Oakley Community Council board President Sean Fausto said the community council would seek feedback from the city and residents in the area regarding a zoning issue on medical marijuana.

“We would certainly ask for input from the community,” Fausto said.

However, Fausto said that until someone came to the Oakley Community Council with a specific proposal, he said it was difficult to determine how the community would respond.

Pierce Township

The legalization of medical marijuana is not a topic about which the Pierce Township Board of Trustees has sat down and discussed as a body, but it’s on the mind of individual members.

Trustee Bonnie Batchler was the Pierce Township Life Squad Chief for 14 years. Also a breast cancer survivor, she recently celebrated her fifth anniversary of being cancer free. As such, she said that she understands how people with certain medical conditions can benefit from the medical marijuana law. However, Batchler’s concerned about how the drug would impact the judgment calls and reaction time of employees who might be prescribed medical marijuana.

The township is a drug free workplace, she said. This is not likely going to change. Also for consideration is whether medical marijuana will be covered by the township’s health insurance plan.

Overall, she said she has mixed emotions about the state medical marijuana law.

“The only thing I can say is I do have reservations,” Batchler said.

Trustees Allen Freeman said that that members of the township’s fire department and EMS are not comfortable with the idea of someone taking medical marijuana and being on shift. He also noted the township’s drug free workplace policy.

“That’s a policy matter we will have to take up and focus on,” he said.

As a trustee he’s also focused on gathering as much information as he can about the bill and how it will impact the township. One key area of focus is how the drug will be distributed. Freeman said he’s hopeful the state will use traditional pharmacies for distribution rather than stand-alone buildings.

“It’s something we need to continue to monitor,” he said. Freeman said that he plans to be proactive in Columbus while the task force is writing the rules and to help put language forward the way he and other trustees would like to see it.

Sharonville

Sharonville has temporarily halted permits for retail dispensaries, cultivators or processors of medical marijuana as the administration studies how and if they should be allowed in the city.

The resolution passed Aug. 9 by City Council is in response to the passage of House Bill 523, which becomes effective Sept. 8. While the Ohio bill has been passed, rules for growing and dispensing medical marijuana are still being developed.

Safety Service Director Jim Lukas called the move proactive, and the city would seek public input during upcoming meetings.

“We will take a look at the zoning,” Mayor Kevin Hardman said, “and determine if that activity is to be permanent, where should it take place.”

Springfield Township

Chris Gilbert, assistant administrator in Springfield Township, says there is time to address the issues around medical marijuana and it’s being discussed by officials in his community.

“We are currently exploring what to do, if anything,” he said. “The law doesn’t become effective until September, as you are aware, and there are already some built in limitations to their locations. However, we are still looking into if, how, and what we will do.”

Sycamore Township

“We are going to investigate the issue further since we are now (reviewing) our zoning code, but at present I would argue that the zoning code does not permit that type of sale,” Sycamore Township Administrator Greg Bickford said.

Symmes Township

“We are studying the issue and haven't decided yet,” said Ken Bryant, Symmes Township trustee and acting administrator.

Union Township

John McGraw, chairman of the Union Township Board of Trustees, said he is unaware of any specific zoning regarding medical marijuana.

“I think we have been waiting for the bill and the details to be presented,” McGraw said.

“Most likely we would only allow sales at a regulated pharmacy in a B1 business district.”

Wyoming

Wyoming officials will examine the city’s zoning laws, which allow retailers to sell “goods,” Solicitor Emily Supinger explained during the Committee of the Whole meeting, which included members of City Council, along with several other public officials. That wording may not prohibit dispensaries, Supinger said, explaining that zoning regulations could be amended to exclude the dispensing of medical marijuana as a permitted use.

The city could also issue a six-month moratorium, to allow time to study the issue further and pass a zoning code amendment. During that time, changes would be identified, a commission recommendation would be made to City Council, a public hearing would be held, and City Council would vote on the ordinance.

Mercy Health and Tri-Health

Spokes people from both Mercy Health and TriHealth declined interviews on the topic of the state’s new medical marijuana law. Both stated that because the procedures and regulations are still being developed, commenting now would be premature.

Mercy Health is committed to making lives better – mind, body and spirit, Maureen Richmond, Mercy Health system director for public relations said in an email. “It is too soon to speculate on how this may impact our health care ministry.

“We are watching this issue closely and working with ethics and religious experts and our clinical leaders to prepare for a variety of scenarios,” she said in her email.

“TriHealth will provide all appropriate available care and treatment to its patients,” TriHealth Spokesman Joe Kelley wrote in an email. “We are currently waiting for the State of Ohio Medical Board and State of Ohio Board of Pharmacy to establish procedures and regulations for medical marijuana.”

- Community Press reporters Kurt Backscheider, Jeanne Houck, Jennie Key, Marika Lee, Forrest Sellers and Sheila Vilvens contributed

You asked, we answered

Everyone has questions about House Bill 523, the new medical marijuana law, but the answer to many of those queries is still “we are working on that.” We asked a lot of questions, and here are the answers:

Q. Who is writing the rules?

A. The State Medical Board of Ohio is researching, discussing and will eventually begin drafting rules. From there, the board will adhere to the state rule-making process, which includes soliciting comments and interested party feedback. Because the bill stresses the importance of coordination between the medical board, the Ohio Department of Commerce and the Ohio Pharmacy Board, the medical board plans to coordinate with counterparts there as they draft their respective rules.

Q. What rules are the medical board working on related to the Ohio Medical Marijuana Control Program?

A. House Bill 523 authorizes the medical board to adopt rules for the following:

•The procedures that a physician must follow when applying for a Certificate to Recommend;

•The conditions that must be met to be eligible to apply for a Certificate to Recommend;

•The schedule and procedures for renewing a Certificate to Recommend;

•The reasons for which a Certificate to Recommend may be suspended or revoked;

•The standards under which a Certificate to Recommend suspension may be lifted;

•The minimal standards of care when recommending treatment with medical marijuana.

Q. When will we know more about the requirements for doctors wanting a Certificate to Recommend?

A. As outlined by the legislation, the Ohio State Medical Board is required to complete rules no later than one year after the effective date of the legislation, or September 7, 2017.

Q. Who is writing the rules?

A. The medical board is researching, discussing and will eventually begin drafting rules. From there, the board will adhere to the state rule-making process, which includes soliciting comments and interested party feedback. Because the bill stresses the importance of coordination between the medical board, the Ohio Department of Commerce and the Ohio Pharmacy Board, the medical board plans to coordinate with counterparts there as they draft their respective rules.

Q. Will a list be made available of area doctors willing to prescribe medical marijauna?

A. The medical board is still working on the details of which doctors will be able to prescribe medical marijuana, what kind of training they will need to have and how potential patients will find those physicians.

Q.Which medical conditions qualify for treatment with medical marijuana?

A. AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, 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, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury and ulcerative colitis.

Q. What kind of marijuana can be used?

A. Vaporizers, edibles and oils are OK. Under Ohio’s law, it’s still illegal to smoke marijuana, even if you buy it somewhere else. And recreational use of marijuana is still illegal under the new law.

Q. How many other states legally permit the use of medical marijuana?

A. Ohio is the 25th state to adopt legislation making medical marijuana legal.

Q. Is it covered by Health Insurance?

A. Government medical assistance programs and private health insurers are not required to reimburse any costs involved with the use of medical cannabis or any costs associated with an employer having to make accommodations for the use of medical cannabis in the workplace.

Q. How is this going to be monitored and enforced? The program is administered by the the Medical Marijuana Control Division, but is there any type of supervision in place at a local level?

A. Ohio law provides that a locality may impose reasonable safeguards on the operation of medical marijuana establishments by adopting one or more of the following laws, provided that the law is not unreasonably impracticable and is not in conflict with this section or with the rules made pursuant to this section:

• Laws governing the time, place, and manner of medical marijuana establishment operations and of any business dealing in marijuana accessories, except that laws regulating the packaging, labeling, or testing of marijuana or marijuana products must be consistent with rules promulgated by the division;

• Laws limiting the number of medical marijuana establishments in the locality, except that a locality may not prohibit all medical marijuana dispensaries within the locality unless the locality: enacts such a law; the law includes a provision requiring it to be submitted to the electors of the locality at the next general election, the authority for which is hereby granted to all localities; and the law is approved by a majority of the electors voting on the law;

• Laws establishing reasonable restrictions on public signs related to medical marijuana establishments; and

• Laws establishing a civil penalty for violation of a law enacted pursuant to this division

• No locality shall prohibit or otherwise restrict the transportation of marijuana or marijuana products by a medical marijuana establishment or participant.

Q. Any indication that people in chronic pain whose doctors have been cutting down on pain pills because the doctors themselves are under pressure to stop prescribing as many pills as they have in the past will be able to get relief – pain-wise and the ability to attain prescriptions-wise - with medical marijuana?

Sources: The Ohio Medical Board, HB 524, ohiolegislature.gov

Watch online

Hamilton County Prosecutor Joe Deters discusses medical marijuana: http://cin.ci/2a5VyNs.