Marijuana and

OhioTHE IMPACTS OF HOUSE BILL 523 ON THE BUCKEYE STATE

Marijuana Status (Medicinal) - 25 States and DC

● California – 1996

● Alaska – 1998

● Oregon – 1998

● Washington – 1998

● Maine – 1999

● Colorado – 2000

● Hawaii - 2000

● Nevada – 2000

● Montana – 2004

● Vermont – 2004

● Rhode Island – 2006

● New Mexico – 2007

● Michigan – 2008

● Arizona – 2010

● DC – 2010

● New Jersey – 2010

● Delaware – 2011

● Connecticut – 2012

● Massachusetts - 2012

● Illinois – 2013

● New Hampshire – 2013

● Maryland – 2014

● Minnesota – 2014

● New York – 2014

● Pennsylvania – 2016

● Ohio – 2016

When Does Medical Marijuana

Come to Ohio?Ohio’s Medical Marijuana Program (HB523)

Effective September 8, 2016

Must be fully operational by September, 2018

General guidelines by legislature

Rules created by:

State of Ohio Board of Pharmacy

Ohio Department of Commerce

State of Ohio Medical Board

How do people get marijuana in between?

“Affirmative Defense”

Must have physician’s recommendation

Marijuana can be brought in from other states, however…

“Affirmative Defense”

Law Enforcement

Ohio FOP President Jay McDonald:

Officers are likely to take into

account an affirmative defense

note before making an arrest.

"While it's a defense to be applied

in the courtroom, in most cases for

affirmative defenses written in state

law, the officers take that and

apply it on the scene.“

It will be up to that judge whether

he buys that argument.

Medical

Ohio State Medical Assn. Reggie

Fields

Recommended its members not

act at this time.

"The affirmative defense piece

allows a doctor to certify a person

who has a condition but there's no

real system in place to outline

exactly what that certification

process is. There's still not a formal

standard of care for using medical

marijuana in Ohio."

Who Regulates?

Adopt all rules for the dispensaries, including training requirements of employees of dispensaries

Specify the forms of using medical marijuana that are attractive to children

Specify by form and THC content, a maximum 90 day supply of medical marijuana that may be possessed

Establish the number of dispensary licenses that will be permitted.

Adopt other rules for implementation

Bd. Of Pharmacy

Dept. of Commerce Manage the

requirements for the economic functions of the industry

Adopt rules regarding the licensure of cultivators within 240 days after the Governor signs the bill

Specify when testing of marijuana will be conducted, as well as minimum amounts and distribution of test results

Ohio State Medical Board

Create a licensure program for physicians prior to recommending marijuana to patients.

Medical Marijuana Advisory Committee The Governor will appoint:

2 Physician members (one must be pro-pot)

2 Pharmacist members (one must be pro-pot)

Employer representative

Agriculture representative

Alcohol and other drug addiction treatment representative

The Senate President (Faber) will appoint:

Law enforcement representative

Caregiver representative

The Senate Minority Leader (Schiavoni) will appoint:

Nurse

The Speaker of the House (Rosenberger) will appoint:

Patient representative

Mental Health Treatment representative

The House Minority Leader (Strahorn) will appoint:

Labor representative

Really…How Do I Get Marijuana in Ohio?

Pre-Ohio Set Up – September 8, 2016 through ???

“Affirmative Defense” for patients and caregivers

Must have physician’s recommendation

Physicians have to take course before being able to recommend

Marijuana can be brought in from other states, however…

Michigan – closest state?

Colorado or other medical state?

How do they get marijuana?

Black market?

June 30, 2016 – Cleveland Plain Dealer

If patients can't get medical marijuana from another state, where can they get it?

"Wherever they can find it available -- any source is allowed," (Senator Dave) Burke said.

That includes drug dealers selling marijuana illegally grown here or trafficked in from elsewhere. Burke said the law does not change enforcement of laws against that activity but was meant to help Ohio patients.

"It's the paradox we've been working with the whole time," Burke said. "With or without the bill, that segment of law is not being enforced.“

Reporter – Jackie Borchardt

After Ohio Implements…

Marijuana will be available to any citizen who:

Has a qualifying medical condition

THC maximum – 35% plant matter or 70% concentrates

No age restriction (children must have parent approval)

Receives a recommendation from a physician

Has received a report from OARRS for the last 12 months

Obtained from their physician

There is a possibility of a caregiver

Does not grow it at home

Can receive it in an “oil, tinctures, plant material, edibles and patches”

but no smoking

Landlords cannot remove “patient” because of marijuana use

Ohio will have the fourth largest marijuana market in the US. – MJ Biz Daily

And More…

Board of Pharmacy must establish a program for vets and the indigent in obtaining medical marijuana

Physician must obtain training before certification

Doctor’s cannot recommend to themselves

Cannot be within 500 feet of a school, church, public library, etc.

15% of all dispensary licenses to “Blacks or African Americans, American Indians, Hispanic or Latinos and Asians”

All testing facilities are limited to colleges and universities for first year

Financial Institutions are allowed to partake in the medical marijuana program

Money distributed to patient accounts at state liquor stores, deputy registrar or other state agency that takes payments

Money can be used at dispensaries

What is Covered?

AIDS

ALS (Lou Gehrig’s Disease)

Alzheimer’s disease

Cancer

Chronic Traumatic Encephalopathy (Concussion syndrome)

Crohn’s Disease

Epilepsy or other seizure disorder

Fibromyalgia

Glaucoma

Hepatitis C

Inflammatory Bowel Disease

Multiple Sclerosis

Chronic or Severe Pain

Parkinson’s Disease

Positive HIV Status

PTSD

Sickle Cell Anemia

Spinal Cord Disease

Tourette’s Syndrome

Traumatic Brain Injury

Ulcerative Colitis

Are Medical Cardholders in the

Workforce?

In states where measured, patients:

Have less than 5% of all patients

have the life threatening issues

Over 90% use for chronic pain

Average cardholder - 32 year old

white male with no history of

chronic illness and a history of

substance abuse

Cardholders are in the workforce

Source: www.saveoursociety.org

Marijuana as Medicine - FDA

In process

HU308 – Bladder control; chronic pain treatment

HU331 – Hypertension

Cannabis-based medications

Marinol – Synthetic THC – nausea for AIDS patients

Sativex – pain and spasticity in patients; cancer patients

Epidiolex – seizure activity; children with seizure issues

Nabilone – synthetic CBD/THC – nausea for cancer patients

Marijuana and Pesticides Lawsuit

First product liability claim lawsuit for marijuana

Grower (LivWell) used pesticide (Eagle EW20 - myclobutanil)

Not to be used in heating (banned from tobacco products)

When heated, breaks down to "poisonous hydrogen cyanide”

Testing not complete for what pesticides are safe for marijuana

Attorney Alison Malsbury says “harbinger of things to come”

Employer Protection

Employers can fire an employee for marijuana

use

Still adhere to drug free workplace

But…

Numbers in Colorado show there will be an

increase of adult use, so will there be enough

qualified workers

How can they keep workers on staff?

Possibility of a lawsuit

Quest Diagnostics Employee Drug Testing (2015)•Positive results nationally have increased by 14% since 2013•Double digit increases in Colorado (20%/14%) and Washington (23%/16%)•415,000 estimated pot users in the workforce in Colorado in 2013•Marijuana most frequently for positive tests

2012-2013 2013-2014

US Workplace 5% 14.3%

Colorado 20% 14%

Washington 23% 16%

Workplace Tests

Marijuana Use and Employers

Journal of the American Medical Association (The Efficacy of Pre-employment Drug Screening for Marijuana and Cocaine in Predicting Employment Outcome)

Marijuana users:

78% more absenteeism,

85% more workplace injuries

64% more discipline problems

55% more industrial accidents

Marijuana is the number one drug detected in workplace illicit-drug testing. Among the 7.1 million drug tests for the combined U.S. Workforce conducted by Quest Diagnostics, nearly 55% of positive drug tests were for marijuana, followed by 14.6% for cocaine and 9.3% for amphetamines.

● As many as 3 of 25 non-fatally injured drivers (12%) and 4 of 25 fatally injured drivers (16%) had marijuana (THC) in their bloodstream at the time of accident.– Source:MarijuanaImpairs Driving-Related Skills and Workplace Performance, National Institute on Drug Abuse

Business Concerns – Employer Wins

Discrimination Suits

• Michigan – Joseph Casias sued his employer

– Case dismissed by Sixth Circuit Court of Appeals

• Maine – Brittany Thomas sues Adecco

– ACLU is taking this case up

• Colorado – Brandon Coats sued Dish Network

– Court ruled wasn't illegal firing because marijuana is an illegal drug federally

However…

• WSJ article - "Medical Marijuana Poses Litigation Risk to

Employers." (August 15, 2013) – Cost employers between

$69,000 and $107,000 in costs, not including any award.

• Unemployment – Michigan Chamber of Commerce

• New Mexico – Vialpando v. Ben’s Auto Servs. and Redwood

Fire and Casualty - Employer must pay for pot?

• Little Spyder Creations – 47 workers – had to fire 25 in the last

year because of marijuana use.

Traffic Deaths Related to MarijuanaCrash Year Total

Statewide

Fatalities

Fatalities with

Operators

Testing Positive

for Marijuana

Percentage

Total Fatalities

(Marijuana)

2006 535 37 6.92%

2007 554 39 7.04%

2008 548 43 7.85%

2009 465 47 10.10%

2010 450 49 10.89%

2011 447 63 14.09%

2012 472 78 16.53%

2013 481 71 14.76%

2014 488 94 19.26%

2015 547 115 21.02%

SOURCE:

National

Highway Traffic

Safety

Administration,

Fatality Analysis

Reporting System (FARS), 2006‐2011

and Colorado

Department of

Transportation 2012‐2015

Percent of Operators Tested Who

Were Positive for Marijuana

7.88% 8.40%9.73%

13.45% 13.72%

16.72%

19.28%18.21%

24.03% 24.71%

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

% OF PEOPLE TESTED POSITIVE FOR MARIJUANA

% of People Tested Positive for Marijuana

SOURCE:

National

Highway

Traffic Safety

Administration

, Fatality

Analysis

Reporting

System (FARS), 2006‐2011 and

Colorado

Department

of

Transportation 2012‐2015

Teen drivers

Liberty Mutual/SADD survey

19% admitted to driving after smoking marijuana

36% - marijuana smoking no distraction while driving

34% who admitted to smoking while high said it made them a better

driver

Drug Related Expulsions - Colorado

3,9883,833 3,779 3,736

4,956

5,4175,279

2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012

Expulsions

Source: Rocky Mountain HIDTA

Average Past Month Use – Age 12-17

(2013-2014)

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

Non-Medical Marijuana

States

Medical Marijuana States Legalized Marijuana States

5.99%

8.52%

11.31%

Source: Rocky Mountain HIDTA

Colorado Adult Marijuana Use

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

National Colorado

Past Month Pot Use (18-25)

Past Month Pot Use (18-

25)

National – 18.78%

Colorado – 27.26%

2006 – 21.43%

2011 – 27.26%

* 27% increase

Source: Rocky Mountain HIDTA

Colorado Adult Marijuana Use

Past month marijuana use (26+)

National average – 4.8%

Colorado average – 8.19%

2008 – 5.32%

2011 – 8.19%

54% increase in 3 years

Source: Rocky Mountain HIDTA

Marijuana Edibles

Other Products

Marijuana Wax

What is Marijuana Wax?

Highest potency of

marijuana on the market

and quicker high

Created by using butane to

extract "hash oil" or "butane

hash oil (BHO) from

marijuana plant

Marijuana put in long tube

and then heated with

butane.

Waxing Creation Issues

• Wax is to marijuana as freebasing is to cocaine

• Vapors fill room and ignite with a spark

• Risk of burns and homes blowing up

• Learn how to cook wax on YouTube

• FEMA issued bulletin in February to identify BHO production

• 32 hash oil explosions in Colorado in 2014 and 0 in 2012

• Closed Wax System – more expensive

Dabbing and Vaping

Marijuana Shops

… And In Print

Missing Pieces

Advertising?

Delivery services?

What is a 90 day supply?

Taxes?

How many dispensaries?

How many cultivators?

Who are the cultivators?

Can the Department of Commerce process applications timely?

How many patients for each “caregiver”?

What is deemed “child friendly” in an edible?

Private schools – will they allow child to use?

Your Questions

Tony Coder

Drug Free Action Alliance

6155 Huntley Road, Suite H

Columbus, OH 43229

tcoder@DrugFreeActionAlliance.org

614-540-9985

www.DrugFreeActionAlliance.org/marijuana

Contact Information