Snoop Dogg marijuana in jars

Ohio Senators on Wednesday made several changes to House Bill 523, which would legalize medical marijuana in Ohio.

(David Zalubowski, Associated Press)

COLUMBUS, Ohio -- Patients would be allowed to use medical marijuana from other states while Ohio sets up its own program, under changes made to a bill moving quickly through the General Assembly.

House Bill 523 would allow people with certain medical conditions to buy and use marijuana with permission of an Ohio-licensed physician. The Senate Government Oversight and Reform Committee on Wednesday made several changes to speed up the time line for establishing the program and increase patient participation in the process.

The biggest change made was moving the medical marijuana program from the Department of Commerce to the state Pharmacy Board. Sen. Dave Burke, a Marysville Republican and pharmacist, said the board would begin licensing cultivators six months earlier than under the previous version of the bill. Then the board would write rules for businesses that make marijuana products and retail dispensaries.

Burke said the bill has no written limit on who can participate; it maintains a requirement that minority business owners receive 15 percent of all marijuana business licenses.

"It's not the intent to have a monopoly but to have a market of equity and equal participation," Burke said.

Among the changes:

Patients could obtain and use marijuana from other states before it's legally sold in Ohio without being arrested, if it was recommended by a doctor for a qualifying condition and not smoked.

Each dispensary would be under the control of a licensed pharmacist.

Doctors would not be required to specify dosage and delivery methods in their recommendations nor submit periodic reports about their recommendations.

Recommendations would be good for 90 days and doctors could renew them for three additional periods without seeing the patient.

The Ohio Medical Board would oversee education and approval of doctors and could inspect and audit those physicians.

A 12-member advisory board including a patient, caregiver, nurse, physicians, pharmacists and representatives from law enforcement, labor, and employers. Some members would have to support medical marijuana use.

Alzheimer's disease and fibromyalgia would be added to the list of qualifying medical conditions.

Specifies pain must be chronic, severe and intractable, which means it cannot be treated with medication.

Eliminates plans for a program providing low-cost marijuana to veterans and low-income Ohioans.

Employers would have to prove employees violated a workplace anti-drug policy for the employee to lose unemployment or workers' compensation benefits, and employees could appeal similar to other controlled substances.

Two problems advocates have with the bill were not changed. Smoking marijuana is not allowed in the bill, but patients could inhale vaporized cannabis. The bill does not allow people to grow their own marijuana.

The bill cleared the Ohio House last week with broad, bipartisan support, and has been fast-tracked for passage before lawmakers break for summer.

Lawmakers prefer bill to ballot measure

Burke said he remains skeptical about medical marijuana and prefers drugs to go through the federal Food and Drug Administration approval process. Burke said he'd prefer enacting a law to as constitutional amendment sponsored by "people who don't care about people."

"If we don't do something, by the time we find out it's too late it's already in the constitution and I have no control so I'd rather take a process where I can amend, revise or improve rather than take that risk that someone's going to dictate to our great state how that's going to happen," Burke said.

Ohioans for Medical Marijuana, backed by national group Marijuana Policy Project, is pushing a constitutional amendment that would allow smoking and home grow and require less work from physicians.

Campaign spokesman Aaron Marshall said the revised bill will make it harder for patients to obtain marijuana, and senators just took the power from one board of appointed bureaucrats to another. The nine-member pharmacy board is appointed by the governor.

"While there were a few small improvements, there were just as many steps backward," Marshall said. "I get the sense these guys are making it up as they go along."

Sen. Kenny Yuko, a Richmond Heights Democrat and longtime medical marijuana supporter, supported putting the program under the pharmacy and medical boards. He said it will encourage more medical professionals to learn about the benefits of medical marijuana.

Yuko said the bill represents lawmakers' progress on the issue and establishes a foundation for future improvements and expansion.

"You have to take your time," Yuko said. "If you do it through the General Assembly, you have that option. If you do it thru a ballot initiative you have to raise millions of dollars to change it every time."

Follow me on Facebook.