Ohio’s medical and adult-use cannabis programs saw advancement in recent weeks on potential changes that would reduce fees and widen the scope of access to those living with certain conditions. Here’s what been happening behind the scenes:
Adoption of Ohio’s Cannabis Law: Rulemaking Process Begins
Earlier this month, the Division of Cannabis Control proposed its first set of rules. When a state agency proposes to adopt rules under the Ohio Administrative Procedure Act (Ohio Revised Code Chapter 119), it must publish a public notice of its intention and conduct a public hearing on its proposed rules. This public hearing provides the opportunity for public input and comment on the proposed rules.
The first set of proposed rules mostly covered potential fee changes, including elimination of the state fee for a medical marijuana card, and reductions in some of the fees that licensees pay. Stakeholders had an opportunity to comment to DCCRules@com.ohio.gov. That comment period ended Feb 27th, but was extended today to March 12th.
New proposed rules will be listed here.
What Changes Could Still Come Legislatively?
Because it passed as a ballot measure, not a constitutional amendment, details of Ohio’s adult use law can be changed at any time through legislative review. The Ohio Senate passed changes supported by Gov. Mike DeWine late last year in Sub.HB86, but the Ohio House has not moved the bill.
A panel discussion held at the Columbus Metropolitan Club last Wednesday provided some insight into ongoing legislative and regulatory changes that may be afoot. At the start of 2024, James V. Canepa was named the first Superintendent of the Division of Cannabis Control. The Division is poised to ensure safety and regulation of both medical and non-medical cannabis, which is now legal for consumers to possess in Ohio, according to a recent press release.
Canepa joined the Metropolitan Club for High Stakes: How Legal Weed Will Reshape Ohio. The Cannabis Control Division’s new Superintendent told the group that his marching orders are to stand up an adult-use program under the provisions of the initiated statute, and adjust and make changes if the legislature ends up passing a bill to alter the initiated statute.
If the legislature decides to alter the initiated statute, Canepa expressed he hopes it’s sooner rather than later: “What would be tragic is as we’re on third base, meeting these timelines, and the legislature jumps in. That would be disappointing to me.”
You can watch the full broadcast of the Metropolitan Club event here.
Under the proposed rules, existing medical dispensaries would be able to secure an adult-use license on Sept. 7th, 2024. Currently, 120 medical dispensaries are licensed to operate in Ohio. While most are expected to expand into adult-use to increase their customer base, not all dispensaries will choose to sell recreational marijuana and others may be blocked by moratoriums.
Autism up for qualifying conditions again, FOD also being considered
The State Medical Board of Ohio opened its annual period of submission for new qualifying conditions for the medical marijuana program. They received 4 petitions from November 1- December 31, 2023. The Board determined the following conditions should move forward for expert review and public comment period: female orgasmic difficulty disorder (FOD) and autism spectrum disorder.
Autism has been up for review and rejected every year since 2019. This is the first appearance on the list for FOD, defined as the absence, delay, infrequency, or marked diminishment in intensity of orgasm in at least 75% of sexual experiences, persisting for at least 6 months and causing distress.
Written public comment on these conditions will be accepted through February 29, 2024. Anyone may submit their comments by emailing MedicalMarijuana@med.ohio.gov.
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[…] and veterans. As Ohio prepares to implement a voter-approved adult-use legalization law, the DCC issued a proposal then a notice that effective March 4, the annual fees will drop to one cent. Once regulators can […]