Ohio cannabis regulators last week added irritable bowel syndrome as a qualifying condition to use medical marijuana but declined to approve petitions to add autism and obsessive-compulsive disorder to the state’s list. 

Under Ohio’s medical marijuana laws, interested parties are permitted to petition the Ohio Medical Board to add new qualifying conditions annually. Last week, the board voted to approve petitions to add irritable bowel syndrome (IBS). But at the same time, the board announced it would not add autism or obsessive-compulsive disorder (OCD) to the list this year. 

“While this addition will help expand patient access to medical marijuana and help many Ohio patients with this condition, we are disappointed the board did not approve autism spectrum disorder and obsessive-compulsive disorder,” said Charlie Trefny, the director of government affairs for the industry group the Ohio Medical Cannabis Industry Association.

Board Followed Committee Recommendations

The board’s decisions followed the recommendations of its Medical Marijuana Committee. Dr. Frederick Slezak, the committee’s expert on IBS, said that medical marijuana use could help relieve symptoms including vomiting, pain and nausea. He also noted that cannabis can be effective for acute symptoms, while most other therapies for IBS are focused on long-term treatment.

Dr. LaRae Copley, one of the committee’s autism experts, said that there are not enough placebo-controlled studies of cannabis treatment to support adding the condition to the state’s list of qualifying conditions. The committee’s OCD expert, Dr. Timothy Kantz, said some studies showed promising results, but added that he believes the quality of some of the evidence is weak.

In both cases, the committee’s experts said the potential risks of cannabis, including psychosis, negative impacts on cognitive development and cannabis use disorder, outweighed the benefits. But patient advocates challenged that assertion.

“The available scientific evidence and the experience of countless patients and doctors tell us that there are thousands of Ohioans suffering from these conditions who could benefit from treatment with medical marijuana,” said Matt Close, the executive director of the Ohio Medical Cannabis Industry Association.

Aaron Bloom, the CEO of DocMJ, a nationwide medical marijuana physician practice, applauded the addition of IBS as a qualifying condition for Ohio’s medical cannabis program. But he added that we should “strive for a healthcare system that values the expertise of medical professionals and respects the diverse needs of patients.”

“To truly harness the full potential of medical cannabis, it is essential that doctors are empowered to exercise their professional judgment and recommend it for patients based on their individual needs rather than being limited by a predefined list of approved conditions,” Bloom wrote in a statement to High Times. “By allowing doctors to make informed decisions about medical cannabis recommendations, we can ensure that patients receive the best possible care and have access to a comprehensive range of treatment options.”

More Than A Dozen Qualifying Conditions

Ohio’s medical marijuana program currently lists more than a dozen qualifying medical conditions that make a patient eligible to use cannabis medicinally, including acquired immune deficiency syndrome, Alzheimer’s disease, amyotrophic lateral sclerosis, cancer, chronic traumatic encephalopathy, Crohn’s disease, IBS, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, ulcerative colitis, and chronic and severe or intractable pain.

The next opportunity to submit petitions to the Ohio Medical Board to add new qualifying conditions to the state’s medical marijuana program begins on November 1 and runs through December 31. In order for the board to reconsider conditions that have been previously rejected, petitioners must submit new scientific information to support the proposed change.

Recreational Marijuana Legalization Could Be Next

Ohio activists are also working to legalize recreational cannabis in the state, with a proposed ballot measure likely appearing on ballots later this year. Earlier this month, the Coalition to Regulate Marijuana Like Alcohol submitted petitions for a legalization initiative with more than 222,000 signatures to the Ohio Secretary of State’s office. To qualify for the ballot for the November election, state officials must certify about 125,000 signatures, giving the group a significant margin to account for signatures deemed invalid. 

“We are thrilled to have reached this milestone,” campaign spokesperson Tom Haren said in a statement when the signatures were submitted. “This is a testament to the hard work of our campaign and the support of Ohio voters who are ready for common-sense marijuana reform.”

If passed, the proposed ballot initiative would legalize recreational marijuana in Ohio for adults 21 and older, who would be permitted to possess up to 2.5 ounces of marijuana and up to 15 grams of cannabis concentrates. The proposal also legalizes marijuana cultivation for personal use, with adults allowed to grow up to six cannabis plants. Households with more than one adult would be permitted to grow a total of 12 plants.

The commercial production and sales of cannabis products would be regulated by a new state agency dubbed the Division of Cannabis Control, which would have the authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.” Cannabis products would carry a 10% tax, which would be dedicated to administrative costs of regulation, substance misuse treatment programs and a social equity and jobs program. Municipalities with licensed recreational marijuana dispensaries would also receive a share of cannabis tax revenue. Under the proposal’s social equity program, some cannabis cultivation and dispensary licenses would be reserved for individuals from communities that have faced disproportionate enforcement of Ohio’s current marijuana laws.

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The city of Amsterdam, New York owes nearly $200,000 after firing a medical marijuana patient for failing a drug screening for cannabis, a jury decided in a legal action filed by the dismissed city worker. The jury found that the city had discriminated against Thomas Apholz, a wastewater treatment plant worker who was suspended in February 2020 and later fired after testing positive for marijuana.

“They couldn’t fire him fast enough,” Kevin A. Luibrand, Apholz’s attorney told the Times-Union. “They gave him a termination letter on a Monday that fired him the prior Sunday so he couldn’t present his prescription card.”

New York legalized the medical use of marijuana in 2014 with the passage of the Compassionate Care Act, which went into effect in 2016. State law also grants registered medical marijuana patients disability status, which affords protection from employment discrimination for using cannabis.

Patient Fired After Failed Drug Screening

In 2017, Apholz tested positive for cannabis in a random drug screening but was allowed to keep his job under a “last chance agreement” he signed with the city. Under the terms of the agreement, he was subject to termination for future violations of the city’s drug policies.

Apholz tested positive for cannabis in a random drug screening again in 2020 and was subsequently suspended and eventually fired. He then filed suit in state Supreme Court in Montgomery County, alleging unlawful employment discrimination and failure to accommodate his disability as required by the New York Humans Rights Law.

A year before the second positive drug screening, Apholz had obtained a medical marijuana recommendation for lower back pain. In a five-day trial before Judge Rebecca Slezak, Apholz’s attorneys noted that he only used cannabis in capsule form “in the evening at home when his pain was at its worst” and had never used medical marijuana at work. According to court records, Apholz notified “agents” of the city that he was a certified patient in the state Medical Marijuana Program and had a valid Department of Health certification for a medical marijuana prescription at the time of the drug screening.

The city “was made aware of plaintiff’s prescription multiple times, and therefore his disability, before he was terminated,” court filings state. “Defendant has presented no evidence that plaintiff’s use of marijuana impacted his ability to complete his job duties in any way.”

“The evidence indicates that plaintiff was an effective worker while having his marijuana prescription, and that he can perform his job safely and satisfactorily, and defendant has failed to provide any evidence on the record that plaintiff’s use of marijuana has ever negatively impacted his job performance or placed anyone in danger,” court filings state.

Attorneys for the city argued that Apholz had not properly notified the city’s employee relations director about his disability and medical marijuana prescription as required by city policy. Instead, the city maintained that Apholz had notified city engineer Mike Clark of his medical marijuana registration on March 5, 2020, after he had already been suspended for the second failed drug screening. Additionally, the city’s attorneys claimed that Apholz never presented any affirmation the prescription would not interfere with his performance of his “safety sensitive position” involving the use of large machinery and handling hazardous chemicals.

Jury Finds In Patients’ Favor

The jury reached its verdict on June 30, finding that the city discriminated against Apholz for using medical marijuana and awarding him a judgment of $191,762. He is also eligible to request the judge to order reinstatement to his job and for the city to pay his legal fees.

“The jury found that senior Amsterdam city officials refused to provide Mr. Apholz an accommodation for his medical condition after he informed the city that he had a medical marijuana prescription following a random drug test, and summarily fired him on March 16, 2020 without a civil service hearing and without having any discussions with him about his medical condition,” according to a statement from Luibrand quoted by The Daily Gazette.

Aaron Bloom, the CEO of DocMJ, a medical marijuana physician practice that provides compassionate care to patients, says that the jury’s verdict underscores the importance of laws that protect medical cannabis patients.
“Respecting patients’ medical cannabis rights, particularly in the workplace, is of utmost importance. It is crucial to acknowledge the legitimacy of medical cannabis as a therapeutic option and ensure that patients who rely on it for their well-being are treated with fairness and understanding,” Bloom writes in an email to High Times. “Medical cannabis patients also have a duty to not show up for work under the influence of cannabis in a manner that violates workplace safety. By providing appropriate accommodations and respecting the rights of employees with valid medical cannabis prescriptions, we can create an environment that promotes inclusivity and supports individuals in managing their health conditions effectively.”

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