Ohio_Patient_Network

Attention Ohio medical marijuana patients, below is a summary of Senate Bill 343 "Ohio Medical Compassion Act" from the 127th Ohio legislative session that just ended.  SB343 was the product of many months looking at the various medical marijuana laws throughout the country.  Now it is up to you to contact your State Senator and Representative in the 128th legislative session and tell them to support medical marijuana and re-introduce the "Ohio Medical Compassion Act" in 2009.  You can read the actual text of SB343 on this Link to SB343.  The proposed changes to the law are denoted by text that is underlined.

1. Defines the legitimate medical use of cannabis (aka marihuana)
2. Protects patients from arrest and allows law enforcement to easily identify legitimate patients
3. Protects primary caregivers of patients from arrest and prison
4. Provides patients a legal means of obtaining and using cannabis
5. Creates protections beyond arrest and prison for patients, caregivers, and physicians
6. Allows patients/caregivers to talk about medical use in court if arrested
7. Establishes government control mechanism
8. Establishes sensible restrictions on medical cannabis use
9. Does not require physicians to violate federal law

• Only a patient with a medical condition or illness that is sufficiently serious or debilitating, and who has the approval of his or her medical practitioner, will be able to use cannabis under the Ohio Medical Compassion Act (OMCA).

• The OMCA creates a system requiring patients to register with the state, which allows the state to ensure that only patients with debilitating medical conditions who have their doctors’ recommendations receive legal protections.
• Registered patients are issued ID cards from the state, which provides the patient with an easy way to prove to law enforcement officials that they are complying with the law via a confidential, blind system allows law enforcement to verify that the card is valid.

• Many patients are too ill to provide for their own medical use of cannabis (marihuana), so they need a caregiver to provide it for them. These caregivers are also protected from arrest and prison.  Caregivers can also receive reasonable reimbursement for the costs associated with providing patients with their medicine.

• Permits patients to cultivate their own cannabis
• Permits patients to possess paraphernalia for consuming
• Permits primary caregivers to cultivate cannabis on behalf of patients.

• Patients cannot be denied custody or visitation of a minor for acting in accordance with this act
• The OMCA exempts patients, primary caregivers, and physicians from state penalties and disciplinary action by a business or occupational or professional licensing board.
• The OMCA protects patients right to live, work, and earn a living by providing that no school, employer, or landlord may refuse to enroll or employ or lease to, or otherwise penalize a person solely for his or her status as a registered qualifying patient or a registered primary caregiver.

• The affirmative defense provisions serves as a safety net in case the patient is not registered, or is in process of registration or administration does not implement the registry ID system in a timely manner.
• Affirmative defense is only applicable if supported by a medical practitioner; the amounts are reasonable and associated with their medical condition.

• Includes an oversight board in the Ohio Department of Health concerning possession limits and conditions.
• Encourages Ohio Department of Agriculture to establish safe growing practices.

• Limits the amount of cannabis patients and caregivers can possess to 200 grams and 12 mature plants.
• Prohibits impaired motorized vehicle operation.
• Prohibits smoking of cannabis in public places.
• Does not require employers to accommodate the medical use of cannabis in the workplace.

• Federal law prohibits doctors from prescribing marijuana, but doctors are permitted under federal law to evaluate the relative risks and benefits of the medical use of cannabis and recommend its use.