Blue Flower

Ohio Patient Network (OPN) earliest organizational friendship is with Americans for Safe Access (ASA), and so we are asking Ohio Medical Marijuana Card Holders to participate in the ASA's annual survey to help generate the State of the States report. This report analyzes medical cannabis programs throughout the United States on how they are best serving patients. In this report, ASA evaluates dozens of criteria across five areas of patient access and give each program an A-F score. The information gathered will help ASA identify gaps between laws and regulations, as written, and the experience of patients in the state. The short survey can be found at www.safeaccessnow.org/2020survey

Four Years ago, Medical Marijuana was signed into Ohio law, It still needs a lot of work! As the Executive Director of Ohio Patient Network (OPN), I testified more than anyone else, was asked more questions by the legislators, and have continued to push the bureaucrats running the program to make it even better. But as I have said, there is a lot more work to do! You can help by speaking up to the legislative candidates that are running for office this fall. You can also help OPN by making a tax-deductible donation or by adding Ohio Patient Network to your Amazon account using their donation program at Smile.Amazon.com, and they will make a small donation based upon purchases. Best Wishes to all, and let us all work to make this law a better one for all of Ohio.

Frankly, it should just be legalized.

Below are a few items of note for the Ohio Medical Marijuana Control Program. The most important right now is that CTR doctors can use Telemedicine during the ongoing Coronavirus situation.

1) The State Medical Board of Ohio (SMBO, Medical Board) met on Wednesday, March 18, 2020, and voted on allowing Physicians to respond and provide essential health care during the COVID-19 pandemic use of Telemedicine for renewal or making recommendations. As of March 18, 2020, the Medical Board suspended enforcement of any regulations requiring in-person visits between providers and patients.

2) The 90 day supply issue was supposed to have been simplified by this time, but it appears that it has not.

3) The last is important for those whose recommendations are to expire soon. You may not be able to purchase any Medical Marijuana even though your card says it not expired. The expiration date on your card is not the same as the original recommendation. For instance, if your card expires on 4/30/2020, but your initial recommendation from your doctor was on 4/15/2019, and then if you attempt to purchase on 4/20/2020, you will be denied. This is another example of the convoluted and frustrating rules here in Ohio.

The Board of Pharmacy has proposed a series of changes to Ohio's Medical Marijuana Control Program. The main change is eliminating the confusion between the 90 day supply and the 1 day supply.  Ohio Patient Network has complained several times about the current rule and what I would call "Dazed and Confused Cannabis Math."  They have made the rules consistent now, so after it goes into effect when you purchase a one day supply, it will count as 1 day and not 2, as it does currently.  It changes a one day supply to 2.52g from 2.83g.  You can listen to their discussion on this matter, starting at time mark 7:30 minutes via the link at the bottom of this writeup.  
 
There are also collapsing to a single Tier system, rather than the current two Tier system and going to a split 45 day system.  Both of these items caused a lot of confusion, so eliminating confusion is a good thing, generally speaking. On the other hand, they are decreasing the 90 day supply limit from 10 oz Tier I or 6.6 oz Tier II to 8.9 oz regardless of the percentage THC for those that are terminally ill.   Note the original rules were a confusing mess from the start.
 
In addition to the above, there is a simplification regarding how a Veteran Identification is supported, along with other rules being amended that are listed below.
3796:7-1-01: Provides the definitions for the rule chapter on medical marijuana patients and caregivers.
3796:7-2-01: Provides for a process for medical marijuana patient registration.
3796:7-2-04: Establishes the process for the purchase of medical marijuana.
3796:7-3-01: Establishes the fee structure for patients and caregivers.
3796:8-1-01: Provides the definitions for the medical marijuana form and method chapter.
3796:8-2-03: Defines forms and methods of medical marijuana that may be attractive to children.
3796:8-2-06: Provides the requirements for portions, dosing, and units of medical marijuana sold at a dispensary.
And the totally new rule replacing the old rule 90 day supply is 
3796:8-2-04: Establishes the maximum 90-day supply for all approved forms of medical marijuana. 
 
To read the actual proposed rules text use this link or the URL below see 
https://www.pharmacy.ohio.gov/Documents/LawsRules/ProposedRules/CommonSense/CSI%20-%20BIA%20-%20Medical%20Marijuana%20(Comments%20Due%205.25.20).pdf
 
To watch the video Board of Pharmacy discussion made available by Ohio Cannabis Live see the video on Facebook at 
 
You can comment on these changes by sending your comments by May 25th to both of the following email addresses 
This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it.
It is important to send comments to both emails above.

With the Ohio Medical Marijuana Program somewhat operational, below are a list of issues that needs correction. The biggest issue is the extreme cost of medical marijuana here in Ohio.

At last report, there were 83,857 recommendations with 78,376 registered patients and 55,617 Unique Purchasers who on average has made a little over 8 purchases at an average of $128.70. Given all that information, there are a number of serious concerns that are strangling the program’s success.

• Foremost is the excessive cost due to extraordinary high fees on the various business operations. This is directly reflected in the low number of purchases that have been made to date.

• The extremely slow process of the program becoming operational has caused patients to lose faith in the Ohio government's commitment to making this program a success. The administrative burden on the dispensaries has made long delays in making the program operational.

* Distance to the nearest dispensary is still an issue for some as a consequence of the slow process.

* Extra delays effectively increases the cost burden on the patients.

• The 90-day supply tracking program has been a mess. I commend Grant Miller for stepping in where he can and fixing individual patient’s records, but the system needs a major overall and to be simplified. OPN suggest a 90-day rolling average versus the current system that is prone to error and has everyone confused.

* Here is a small example, buying a one-day supply of three different Tier I products counts as 6 days. Hopefully, with proposed change to the rules on 3796:8-2-04 Part A and Part B of the supply rule will fix that issue.

* Buying a one-day unit of Tier I 45 days in a row will cause you to be locked out for the rest of the period.

• The depth of knowledge by the dispensary agents is uneven, some are knowledgeable, and some are not.

* Improve the educational level of dispensary agents and state employees as well. Perhaps attending some of the better conferences would be a benefit.

* There have been heavy-handed limits by the pharmacy board regarding educating the patients.

• The lack of reciprocity with other states, in particular with Michigan, Pennsylvania, and West Virginia is lacking and should be finalized by this time.

• Law enforcement needs training for interacting with card holding patients with marijuana or marijuana from an out of state source.

• Good product labeling is important for those with food sensitivities. Suggest similar format to foods or supplements to include active and inactive ingredients

• Bedridden patients have a very difficult time to obtain a Medical Marijuana Recommendation. OPN recommends a change in the law to the State Legislature regarding Doctor's in-person only visit. There are homebound patients that cannot physically get to a remote doctor for a recommendation. OPN recommends a temporary emergency rule change to cover this situation.

• The Common Sense Initiative (CSI) review has been blind to the administrative burden that has been implemented.

  1. Petition Submitted to add Opioid Use Disorder (Opiate Addiction) to Ohio Qualifying Conditions List
  2. Opioid Addiction submitted as a Qualifying Condition for Ohio's Medical Marijuana Program
  3. FDA asking for your comments on Cannabis International scheduling
  4. Medical Board of Ohio playing fast and loose with the MMJ Petition process
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