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Marijuana and
OhioTHE IMPACTS OF HOUSE BILL 523 ON THE BUCKEYE STATE
Marijuana Status (Medicinal) - 25 States and DC
● California – 1996
● Alaska – 1998
● Oregon – 1998
● Washington – 1998
● Maine – 1999
● Colorado – 2000
● Hawaii - 2000
● Nevada – 2000
● Montana – 2004
● Vermont – 2004
● Rhode Island – 2006
● New Mexico – 2007
● Michigan – 2008
● Arizona – 2010
● DC – 2010
● New Jersey – 2010
● Delaware – 2011
● Connecticut – 2012
● Massachusetts - 2012
● Illinois – 2013
● New Hampshire – 2013
● Maryland – 2014
● Minnesota – 2014
● New York – 2014
● Pennsylvania – 2016
● Ohio – 2016
When Does Medical Marijuana
Come to Ohio?Ohio’s Medical Marijuana Program (HB523)
Effective September 8, 2016
Must be fully operational by September, 2018
General guidelines by legislature
Rules created by:
State of Ohio Board of Pharmacy
Ohio Department of Commerce
State of Ohio Medical Board
How do people get marijuana in between?
“Affirmative Defense”
Must have physician’s recommendation
Marijuana can be brought in from other states, however…
“Affirmative Defense”
Law Enforcement
Ohio FOP President Jay McDonald:
Officers are likely to take into
account an affirmative defense
note before making an arrest.
"While it's a defense to be applied
in the courtroom, in most cases for
affirmative defenses written in state
law, the officers take that and
apply it on the scene.“
It will be up to that judge whether
he buys that argument.
Medical
Ohio State Medical Assn. Reggie
Fields
Recommended its members not
act at this time.
"The affirmative defense piece
allows a doctor to certify a person
who has a condition but there's no
real system in place to outline
exactly what that certification
process is. There's still not a formal
standard of care for using medical
marijuana in Ohio."
Who Regulates?
Adopt all rules for the dispensaries, including training requirements of employees of dispensaries
Specify the forms of using medical marijuana that are attractive to children
Specify by form and THC content, a maximum 90 day supply of medical marijuana that may be possessed
Establish the number of dispensary licenses that will be permitted.
Adopt other rules for implementation
Bd. Of Pharmacy
Dept. of Commerce Manage the
requirements for the economic functions of the industry
Adopt rules regarding the licensure of cultivators within 240 days after the Governor signs the bill
Specify when testing of marijuana will be conducted, as well as minimum amounts and distribution of test results
Ohio State Medical Board
Create a licensure program for physicians prior to recommending marijuana to patients.
Medical Marijuana Advisory Committee The Governor will appoint:
2 Physician members (one must be pro-pot)
2 Pharmacist members (one must be pro-pot)
Employer representative
Agriculture representative
Alcohol and other drug addiction treatment representative
The Senate President (Faber) will appoint:
Law enforcement representative
Caregiver representative
The Senate Minority Leader (Schiavoni) will appoint:
Nurse
The Speaker of the House (Rosenberger) will appoint:
Patient representative
Mental Health Treatment representative
The House Minority Leader (Strahorn) will appoint:
Labor representative
Really…How Do I Get Marijuana in Ohio?
Pre-Ohio Set Up – September 8, 2016 through ???
“Affirmative Defense” for patients and caregivers
Must have physician’s recommendation
Physicians have to take course before being able to recommend
Marijuana can be brought in from other states, however…
Michigan – closest state?
Colorado or other medical state?
How do they get marijuana?
Black market?
June 30, 2016 – Cleveland Plain Dealer
If patients can't get medical marijuana from another state, where can they get it?
"Wherever they can find it available -- any source is allowed," (Senator Dave) Burke said.
That includes drug dealers selling marijuana illegally grown here or trafficked in from elsewhere. Burke said the law does not change enforcement of laws against that activity but was meant to help Ohio patients.
"It's the paradox we've been working with the whole time," Burke said. "With or without the bill, that segment of law is not being enforced.“
Reporter – Jackie Borchardt
After Ohio Implements…
Marijuana will be available to any citizen who:
Has a qualifying medical condition
THC maximum – 35% plant matter or 70% concentrates
No age restriction (children must have parent approval)
Receives a recommendation from a physician
Has received a report from OARRS for the last 12 months
Obtained from their physician
There is a possibility of a caregiver
Does not grow it at home
Can receive it in an “oil, tinctures, plant material, edibles and patches”
but no smoking
Landlords cannot remove “patient” because of marijuana use
Ohio will have the fourth largest marijuana market in the US. – MJ Biz Daily
And More…
Board of Pharmacy must establish a program for vets and the indigent in obtaining medical marijuana
Physician must obtain training before certification
Doctor’s cannot recommend to themselves
Cannot be within 500 feet of a school, church, public library, etc.
15% of all dispensary licenses to “Blacks or African Americans, American Indians, Hispanic or Latinos and Asians”
All testing facilities are limited to colleges and universities for first year
Financial Institutions are allowed to partake in the medical marijuana program
Money distributed to patient accounts at state liquor stores, deputy registrar or other state agency that takes payments
Money can be used at dispensaries
What is Covered?
AIDS
ALS (Lou Gehrig’s Disease)
Alzheimer’s disease
Cancer
Chronic Traumatic Encephalopathy (Concussion syndrome)
Crohn’s Disease
Epilepsy or other seizure disorder
Fibromyalgia
Glaucoma
Hepatitis C
Inflammatory Bowel Disease
Multiple Sclerosis
Chronic or Severe Pain
Parkinson’s Disease
Positive HIV Status
PTSD
Sickle Cell Anemia
Spinal Cord Disease
Tourette’s Syndrome
Traumatic Brain Injury
Ulcerative Colitis
Are Medical Cardholders in the
Workforce?
In states where measured, patients:
Have less than 5% of all patients
have the life threatening issues
Over 90% use for chronic pain
Average cardholder - 32 year old
white male with no history of
chronic illness and a history of
substance abuse
Cardholders are in the workforce
Source: www.saveoursociety.org
Marijuana as Medicine - FDA
In process
HU308 – Bladder control; chronic pain treatment
HU331 – Hypertension
Cannabis-based medications
Marinol – Synthetic THC – nausea for AIDS patients
Sativex – pain and spasticity in patients; cancer patients
Epidiolex – seizure activity; children with seizure issues
Nabilone – synthetic CBD/THC – nausea for cancer patients
Marijuana and Pesticides Lawsuit
First product liability claim lawsuit for marijuana
Grower (LivWell) used pesticide (Eagle EW20 - myclobutanil)
Not to be used in heating (banned from tobacco products)
When heated, breaks down to "poisonous hydrogen cyanide”
Testing not complete for what pesticides are safe for marijuana
Attorney Alison Malsbury says “harbinger of things to come”
Employer Protection
Employers can fire an employee for marijuana
use
Still adhere to drug free workplace
But…
Numbers in Colorado show there will be an
increase of adult use, so will there be enough
qualified workers
How can they keep workers on staff?
Possibility of a lawsuit
Quest Diagnostics Employee Drug Testing (2015)•Positive results nationally have increased by 14% since 2013•Double digit increases in Colorado (20%/14%) and Washington (23%/16%)•415,000 estimated pot users in the workforce in Colorado in 2013•Marijuana most frequently for positive tests
2012-2013 2013-2014
US Workplace 5% 14.3%
Colorado 20% 14%
Washington 23% 16%
Workplace Tests
Marijuana Use and Employers
Journal of the American Medical Association (The Efficacy of Pre-employment Drug Screening for Marijuana and Cocaine in Predicting Employment Outcome)
Marijuana users:
78% more absenteeism,
85% more workplace injuries
64% more discipline problems
55% more industrial accidents
Marijuana is the number one drug detected in workplace illicit-drug testing. Among the 7.1 million drug tests for the combined U.S. Workforce conducted by Quest Diagnostics, nearly 55% of positive drug tests were for marijuana, followed by 14.6% for cocaine and 9.3% for amphetamines.
● As many as 3 of 25 non-fatally injured drivers (12%) and 4 of 25 fatally injured drivers (16%) had marijuana (THC) in their bloodstream at the time of accident.– Source:MarijuanaImpairs Driving-Related Skills and Workplace Performance, National Institute on Drug Abuse
Business Concerns – Employer Wins
Discrimination Suits
• Michigan – Joseph Casias sued his employer
– Case dismissed by Sixth Circuit Court of Appeals
• Maine – Brittany Thomas sues Adecco
– ACLU is taking this case up
• Colorado – Brandon Coats sued Dish Network
– Court ruled wasn't illegal firing because marijuana is an illegal drug federally
However…
• WSJ article - "Medical Marijuana Poses Litigation Risk to
Employers." (August 15, 2013) – Cost employers between
$69,000 and $107,000 in costs, not including any award.
• Unemployment – Michigan Chamber of Commerce
• New Mexico – Vialpando v. Ben’s Auto Servs. and Redwood
Fire and Casualty - Employer must pay for pot?
• Little Spyder Creations – 47 workers – had to fire 25 in the last
year because of marijuana use.
Traffic Deaths Related to MarijuanaCrash Year Total
Statewide
Fatalities
Fatalities with
Operators
Testing Positive
for Marijuana
Percentage
Total Fatalities
(Marijuana)
2006 535 37 6.92%
2007 554 39 7.04%
2008 548 43 7.85%
2009 465 47 10.10%
2010 450 49 10.89%
2011 447 63 14.09%
2012 472 78 16.53%
2013 481 71 14.76%
2014 488 94 19.26%
2015 547 115 21.02%
SOURCE:
National
Highway Traffic
Safety
Administration,
Fatality Analysis
Reporting System (FARS), 2006‐2011
and Colorado
Department of
Transportation 2012‐2015
Percent of Operators Tested Who
Were Positive for Marijuana
7.88% 8.40%9.73%
13.45% 13.72%
16.72%
19.28%18.21%
24.03% 24.71%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
% OF PEOPLE TESTED POSITIVE FOR MARIJUANA
% of People Tested Positive for Marijuana
SOURCE:
National
Highway
Traffic Safety
Administration
, Fatality
Analysis
Reporting
System (FARS), 2006‐2011 and
Colorado
Department
of
Transportation 2012‐2015
Teen drivers
Liberty Mutual/SADD survey
19% admitted to driving after smoking marijuana
36% - marijuana smoking no distraction while driving
34% who admitted to smoking while high said it made them a better
driver
Drug Related Expulsions - Colorado
3,9883,833 3,779 3,736
4,956
5,4175,279
2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012
Expulsions
Source: Rocky Mountain HIDTA
Average Past Month Use – Age 12-17
(2013-2014)
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
Non-Medical Marijuana
States
Medical Marijuana States Legalized Marijuana States
5.99%
8.52%
11.31%
Source: Rocky Mountain HIDTA
Colorado Adult Marijuana Use
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
National Colorado
Past Month Pot Use (18-25)
Past Month Pot Use (18-
25)
National – 18.78%
Colorado – 27.26%
2006 – 21.43%
2011 – 27.26%
* 27% increase
Source: Rocky Mountain HIDTA
Colorado Adult Marijuana Use
Past month marijuana use (26+)
National average – 4.8%
Colorado average – 8.19%
2008 – 5.32%
2011 – 8.19%
54% increase in 3 years
Source: Rocky Mountain HIDTA
Marijuana Edibles
Other Products
Marijuana Wax
What is Marijuana Wax?
Highest potency of
marijuana on the market
and quicker high
Created by using butane to
extract "hash oil" or "butane
hash oil (BHO) from
marijuana plant
Marijuana put in long tube
and then heated with
butane.
Waxing Creation Issues
• Wax is to marijuana as freebasing is to cocaine
• Vapors fill room and ignite with a spark
• Risk of burns and homes blowing up
• Learn how to cook wax on YouTube
• FEMA issued bulletin in February to identify BHO production
• 32 hash oil explosions in Colorado in 2014 and 0 in 2012
• Closed Wax System – more expensive
Dabbing and Vaping
Marijuana Shops
… And In Print
Missing Pieces
Advertising?
Delivery services?
What is a 90 day supply?
Taxes?
How many dispensaries?
How many cultivators?
Who are the cultivators?
Can the Department of Commerce process applications timely?
How many patients for each “caregiver”?
What is deemed “child friendly” in an edible?
Private schools – will they allow child to use?
Your Questions
Tony Coder
Drug Free Action Alliance
6155 Huntley Road, Suite H
Columbus, OH 43229
614-540-9985
www.DrugFreeActionAlliance.org/marijuana
Contact Information