June 18, 2019

June 18, 2019

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June 17, 2019

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Medical Marijuana Rollout in Ohio

The Ohio medical marijuana market saw a robust start to sales on January 16, 2019.  First-day sales totaled more than $75,000, per the state’s Medical Marijuana Control Program, and total sales exceeded $330,000 in the first several weeks. This initial sales boom is magnified by the fact that only five of the 50-plus state-approved provisional dispensaries are operational (and only four on the initial date of sales). 

Patients wishing to participate in Ohio’s medical marijuana program must establish and maintain a bona fide physician-patient relationship with a certified physician, who can only recommend (not prescribe) up to a 90-day supply of medical marijuana with three refills (totaling up to a 360-day supply).  Further, these recommendations are limited to patients with the following medical conditions: 

  • AIDS
  • Amyotrophic lateral sclerosis
  • Alzheimer’s
  • Cancer
  • Chronic traumatic encephalopathy
  • Crohn’s disease
  • Epilepsy (or another seizer disorder)
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Inflammatory bowel disease
  • Multiple sclerosis
  • Pain that is either chronic and severe or intractable
  • Parkinson’s disease
  • HIV
  • PTSD
  • Sickle cell anemia
  • Spinal cord disease/injury
  • Tourette’s syndrome
  • Traumatic brain injury
  • Ulcerative colitis

The product may be ingested in a vaporized format, eaten, or taken as a liquid extract – it is not to be smoked.

The cost to participate in the program for a patient is a $50 annual registration fee outside of the cost of purchasing the product, which raises an interesting issue. Currently, dispensaries are charging $380 per ounce of medical marijuana, which far exceeds the value in the unregulated market. Thus, it is foreseeable that some individuals will register as medical marijuana card-carriers, purchase the product outside of the program, and still indicate they used the product legally once tested. Current drug-testing technology cannot differentiate how the drug is ingested, which could allow for illegal use of the drug under the guise of program compliance.  Enforcement of program controls should be the next step in medical marijuana management to prevent misuse or exploitation. 

© 2019 Dinsmore & Shohl LLP. All rights reserved.

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About this Author

Anthony Jagoditz, Workers Compensation Lawyer, dinsmore Shohl, law firm
Associate

Anthony (T.J) Jagoditz is a member of the firm's litigation department concentrating in workers' compensation issues. He counsels and collaborates with businesses of all sizes in the management of their workers' compensation programs from initial claim investigation to resolution. T.J. executes client strategies for all administrative hearings before the Industrial Commission of Ohio throughout the state, including issues of claim allowance, temporary total disability compensation, permanent total disability compensation, and medical/treatment issues. He also has...

513-977-8374
Joan M. Verchot, Dinsmore, Cincinnati Law Firm, Litigation and Workers Compensation Attorney
Partner

Joan Verchot practices in the area of litigation and workers’ compensation, focusing on litigation at the administrative, trial court, and appellate levels. She is Board Certified in workers’ compensation law by the Ohio State Bar Association Workers’ Compensation Specialty Board. She has extensive experience in advising clients on all aspects of workers’ compensation law, including administrative hearings, safety violations, investigations, compliance and alternative dispute resolution for state-fund and self-insured employers. She previously served as an Assistant Attorney General in the Workers’ Compensation Section of the Ohio Attorney General’s Office before joining Dinsmore in 1989. 

513- 977-8418