Two Republican state lawmakers in Ohio have introduced a bill to revamp the state’s medical marijuana laws that would create a new state agency to oversee the program and allow more patients to use cannabis medicinally. The measure, Senate Bill 9, was introduced by state Senators Steve Huffman and Kirk Schuring on January 11 and on Tuesday was referred to a legislative committee for consideration. The bill is similar to another proposal from the last legislative session, Senate Bill 261, that failed to gain approval in the Ohio House of Representatives after passing in the Senate in December 2021. 

Both pieces of legislation attempt to update Ohio’s medical marijuana law, which was passed by the General Assembly and signed into law in 2016. Under the new bill, a new state agency, the Division of Marijuana Control, would be created as part of the Ohio Department of Commerce to regulate the state’s medical marijuana program. The legislation also creates a 13-member commission responsible for oversight of the new agency and the medical program. Under current law, the state’s medical marijuana program is overseen by the Ohio Department of Commerce, the State Medical Board of Ohio and the Ohio Board of Pharmacy. 

“What we’ve found is that many of the growers want to expand and grow more,” Huffman said in statement quoted by local media. “There’s more growers, there’s more demand. They put an application into the Department of Commerce, and it sits there for 18 months, two years. Hopefully this takes the bureaucracy out of this and streamlines things and make it a better-functioning industry.”

Ohio Bill Adds New Qualifying Conditions

Senate Bill 9 would also add autism spectrum disorder, arthritis, migraines, chronic muscle spasms and opioid use disorder to the state’s list of medical conditions that qualify a patient to use cannabis medicinally. Currently, the list of qualifying conditions includes more than two dozen serious medical conditions including cancer, chronic pain, AIDS, Parkinson’s disease, PTSD and terminal illnesses.

The measure also allows medical marijuana use by patients who have other debilitating medical conditions that can be treated with medicinal cannabis, as determined by their physician. The earlier bill had a similar provision, allowing patients to use medical cannabis if a doctor decides that “the patient’s symptoms may reasonably be expected to be relieved from medical marijuana.”

In a committee hearing on Senate Bill 9 held on Tuesday, Huffman and Schuring told their colleagues that many medical marijuana patients in Ohio are crossing state lines to obtain cannabis from neighboring states with more liberal marijuana laws. As of Januray 1, ore than half of the more than 320,000 patients who have registered in the history of Ohio’s medical marijuana program, only about 164,000 had an active doctor’s recommendation and patient registration, according to information from state regulators.

“The largest dispenser for Ohioans is in Michigan,” Huffman said in testimony Tuesday. “We need to turn that around, and make it more friendly, so people come here and they have a safe, viable product.”

Senate Bill 261 also would have allowed the state’s licensed medical marijuana cultivators to expand their growing operations. Although the provisions to increase the square footage of allowable cultivation space are not included in the new bill, Huffman said he is open to amending the legislation to add the increased growing area.

“In my discussions with Sen. Schuring, we felt this would be a positive move and positive change for the industry,” Huffman said. “At the same time hopefully members of the House will be comfortable with it.”

Recreational Marijuana Proposal Under Consideration

Ohio lawmakers are also considering a bill that would legalize recreational marijuana in the state. Earlier this month, Secretary of State Frank LaRose reintroduced the proposal, which would legalize marijuana for adults 21 and older and levy a 10% tax on commercial cannabis products. Activists had hoped the measure would appear on the ballot for the November midterm election, but legal challenges caused delays that led to an agreement with state officials to revisit the issue this year. If the state legislature does not approve the measure within four months, the Coalition To Regulate Marijuana Like Alcohol, the group spearheading the legalization effort, can collect signatures to put the proposal before the voters in the fall.

Despite the adult-use cannabis legalization bill, Huffman, who is a physician, said that he is still interested in improving the state’s medical marijuana program. If recreational marijuana is legalized, he said it would create an environment without “much of a medical marijuana industry.”

“This bill, to me, is not so much about the ballot initiative, but to make the industry as best as we can,” Huffman said.

Trent Woloveck, the chief strategy officer of Jushi, a vertically integrated, multistate cannabis operator that last week opened Beyond Hello Cincinnati, the company’s first medical marijuana dispensary in Ohio, called on state lawmakers to approve Senate Bill 9 in a statement to High Times.

“If passed, SB 9 will make safe, tested medical cannabis products accessible to more Ohioans by expanding qualifying conditions, authorizing additional administration forms and codifying mechanisms to allow responsible, incremental industry growth,” said Woloveck. “Ultimately, the changes proposed in SB 9 will facilitate a stable supply chain, reduce product prices and generally benefit Ohio patients.”

Senate Bill 9 has been referred to the Senate General Government Committee for consideration. At a hearing on Tuesday, the Republican chair of the panel, Senator Michael Rulli, said that the committee would move quickly on the bill.

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