In a statement, the governor said, “As a father and grandfather, you never want to see kids suffer. The approval of Charlotte’s Web will ensure that children in Florida who suffer from seizures and other illnesses will have the medication needed to improve their quality of life.”

The law makes cannabis accessible to patients. It also protects them from being included in the list of drug abusers.

The bill was named after Charlotte Figi, a young girl from Colorado who suffered from epilepsy. After using cannabis oil, her family reported her seizures decreased from about 300 per week to only a few in a month.

Not everyone is happy about the signing of this bill into law

Hopes are high, especially from families who pushed for the passage of the Charlotte’s Web bill, Florida version. However, after study of what the law does and does not do, many are asking whether it is enough for the current needs.

First, there are some variations between what the law proposes and the type of treatment that is given to young Charlotte. The law provides for a cannabis oil that contains 0.8 percent THC and 10 percent CBD. The original Charlotte Web contains 0.5 percent THC and 20 percent CBD. This balance of CBD vs THC has left questions as to whether the results hoped for will be achieved.

In addition, the new law makes accessibility hard. Not everyone with a condition that may be treatable with cannabis is going to benefit. Only those suffering from pre-selected conditions such as epilepsy and cancer are eligible.

The law also sets a long procedure of getting a prescription from a doctor. This will likely lockout many deserving cases.

The Charlotte’s Web bill in Florida is tough on producers and suppliers

It is not only those who need the medicine who will find obstacles in the law. Those who intend to supply it have to meet tight guidelines too. For instance, you must have been in the business for a period of more than 30 years. In total, only five nurseries are going to operate.

There are those who believe that this law was passed to reduce interest in a referendum in November, which will allow wider use use of cannabis.

Nevertheless, the Charlotte’s Web bill is a positive step towards providing care to about 200,000 people in the state who suffer from epilepsy and other diseases.

Do you believe the signing of Charlotte’s Web bill into law in Florida stands in the way of passing laws that make cannabis more accessible?

The post The Effects of Charlotte’s Web Bill Becoming Law in Florida appeared first on Healthy Hemp Oil.

He provided an interesting view on the subject, giving a picture of both sides of the wider marijuana debate with reservations on the CBD-law movement. Seemingly, while there is no question that much has to happen in research and legislation on marijuana, the ultimate goal remains in contention.

New Medical Marijuana Laws

On one hand, conservatives believe that CBD bills enacted in states like Utah, Kentucky, Florida, South Carolina, Wisconsin and others are more than enough to serve current medicinal marijuana needs. In fact, some of them view the laws as calculated moves by marijuana advocates to get the plant legalized wholesale in the country. To them, the medical need is a pawn in the wider scheme of “medical marijuana, then dispensaries, then full legalization.“

Nevertheless, it is becoming increasingly difficult for even these conservatives to ignore the evidence research is placing before them. In addition, the fact that low-THC marijuana is changing the lives of kids who otherwise would be resigned to a life of despair and pain has helped not only to bring the long-time medical marijuana laws debate to the mainstream but also to actively engage everyone.

Should THC and CBD Be Treated Differently?

The scientific breakdown of marijuana into THC and CBD has given conservatives an opportunity to take away the medicinal values the advocate groups have always used to rally support for full marijuana decriminalization. Consequently, some states have passed laws that permit the use of CBD extractions but have gone ahead to retain criminal prohibition of the entire plant.

This is why many marijuana advocate groups like the National Organization for the Reform of Marijuana Laws are not comfortable with the new CBD-law movement. They fear that conservatives are using it to stop their clamor for comprehensive legalization.

Some even believe the laws are constraining. Josh Stanley, one of the Stanley brothers running a marijuana business in Colorado, cites the Utah law, which allows parents to possess CBD oil with a prescription from a neurologist but says nothing on growing and production in the state. This still makes it necessary for patients to go to Colorado in order to get CBD.

Nevertheless, Stanley believes it is a positive gesture that the CBD movement has brought the marijuana debate into the mainstream where the conservative and advocate groups can engage. According to him, the debate should now go beyond just CBD laws to full-fledged medical marijuana laws.

Of the same view is Amanda Reiman, the policy manager for the Drug Policy Alliance, who believes, “The adoption of CBD-only legislation might be a way to start the conversation in some states, but it should not be the end.”

In the end, it becomes clear that whether or not medical marijuana laws are happening around the country is enough depends on where you stand in the wider marijuana debate.

The post Will New US Medical Marijuana Laws Change How We Think of Pot? appeared first on Healthy Hemp Oil.

Even with the progress that can be witnessed across the country, the push to embrace medical marijuana has never been an easy undertaking. Recreational marijuana faces even harsher odds despite the fact that, according to NORML, it is the third most popular drug used for pleasure after alcohol and tobacco.

In disregard of any legal position, people are using marijuana every day to add fun to their lives both as individuals in private and as bonding buddies in social settings. Many are not afraid of the heavy penalties that come with being found guilty of dealing in the plant.

These individuals give many reasons why they take risks for this substance – despite reports that the psychoactive THC element causes mental disorders, some of which can result in harm to self and others. Some claim that, after lighting up, they get more enjoyment out of things like art, music and meditation. Others see it as a source of energy and motivation that lets them find physical activities like hiking, dancing, workouts and even sex more fun. There are even those who have said that recreational marijuana makes mundane chores less stressful.

The 2018 Farm Bill

The 2018 Farm Bill, also known as the Agriculture Improvement Act of 2018, allowed for the legal cultivation, distribution, and use of industrial hemp and hemp products, including CBD derived from industrial hemp. This has become a game changer, not only for use, but also for the transfer of CBD products between state lines.

The Farm Bill does come with some regulations. Although the bill does legalize hemp, hemp cannot contain a THC concentration higher than 0.3%. Any strain containing more than 0.3% cannabis is legally designated as marijuana.

The bill also put further regulations on the sale, growth, and cultivation of industrial hemp. Although these regulations may seem strict, they’re put in place to ensure the safety of the end-user while making way for new research on the potential effects and benefits of CBD.

How Many States Allow Legal Recreational Marijuana?

As of this writing, marijuana is legal for recreational use in the District of Columbia and eleven other states:

• Alaska
• California
• Oregon
• Washington
• Colorado
• Nevada
• Michigan
• Vermont
• Massachusetts
• Maine
• Illinois

However, even with legal recreational use, each state comes with varying laws about selling, growing, and owning marijuana. For example, Vermont allows for the growth and possession of small amounts of marijuana by adults 21 and over. Larger amounts of marijuana possession may result in a misdemeanor or felony charge. By comparison, cannabis laws in Illinois allow for possession of up to 30 grams of cannabis flower. Illinois is also the first state to legalize recreational distribution of marijuana, along with recreational use.

Even if your state allows for recreational marijuana, make sure you still look into specific laws regarding possession and usage.

How Will Recreational Marijuana Be Taxed?

Taxes on recreational marijuana sales vary from state to state.

• Of the states that allow for recreational marijuana, Alaska (which lacks a state-level sales tax) is the only state to not have any sales tax for the end-user. However, the state does require growers to pay $50 per ounce of marijuana sold to retailers or dispensaries. This often results in higher prices, but the end-user does not have to pay a tax on marijuana products.
• In California, growers and cultivators are required to pay $9.25 per ounce for marijuana flowers and $2.75 per ounce for marijuana leaves. Retailers also collect a 15 percent excise tax from customers based on the average market price of the product.
• Oregon does not have a sales tax, but the state does charge a 17 percent tax on all marijuana products.
• Washington charges a whopping 37 percent sales tax on all marijuana products.
• In Colorado, cultivators have to pay a 15 percent excise tax when selling to retailers. The state also takes a 15 percent sales tax from customers.
• Nevada imposes an excise tax of 15 percent Fair Market Value on the sale of marijuana from a cultivator to a distributor. The state also implemented a 10 percent sales tax for consumers.
• Massachusetts has an excise tax rate of 10.75 percent.
• Michigan legalized recreational marijuana in December of 2018 and has yet to roll out a legal market, though the initiative states a 10 percent excise tax.
• Similarly, Vermont legalized marijuana in 2018 and has yet to set up a legal market.
• Maine legalized recreational marijuana in 2016 but has yet to create a legal market. The state aims to roll out its market by the end of the year.

In Washington, D.C., while possessing and growing marijuana are legal, selling it in a legal market is still prohibited.

Recreational marijuana laws show that we’re heading in the right direction and may hopefully lead to legalization and decriminalization on a federal level.

The post The Dilemma Caused by State Recreational Marijuana Laws appeared first on Healthy Hemp Oil.

The Story Behind the Cannabidiol Bill SC

It’s a scenario playing out across the United States. Parents of children with intractable epilepsy see cannabidiol (CBD) oil as an effective treatment for seizures. Since the oil is not legal in most states, families have been moving to Colorado where the oil can be obtained legally. Six-year-old Marie Louise Swing from South Carolina faced a similar situation. While her seizures are not life-threatening, she still has to deal with 20 to 60 seizures every hour despite being on two types of medication. After watching her daughter struggle and seeing no other options, her mother was ready to take Marie Louise to Colorado, leaving behind her husband and Marie Louise’s twin brother.

After hearing about the situation, Senator Tom Davis (R-Beaufort) introduced a bill in February 2014 that sought to give Marie Louise, and other patients like her, legal access to the oil in the state.

Challenges and Setbacks

The bill was approved by the Senate’s Medical Affairs Committee, but only after a major revision. This version of the bill only allowed FDA-approved forms of cannabidiol oil and required that it be administered through clinical trials. At this time, there is only one FDA-approved CBD oil – Epidiolex – and it is not approved for the type of epilepsy that Marie Louise suffers from.

The revision effectively took access to CBD oil away from Marie Louise, the very person who had inspired the bill. As her grandmother pointed out, even if Marie Louise were approved for a clinical trial, there would be no guarantee that she would receive CBD oil since she may be placed in the control group and receive a placebo.

The Final Amended Version

Senator Tom Davis proposed an amendment to the bill that allows doctors to prescribe CBD oil directly. The amendment was accepted, and the final version of the bill has finally moved to the House of Representatives.

If approved by the House, the bill moves one step closer to becoming law in South Carolina.

The House Version of the Bill

On April 2, a similar bill was passed in the SC House of Representatives with a phenomenal 90-24 vote in its favor. The House’s bill is less restrictive than the Senate version and allows people certified by a doctor as suffering from severe epilepsy – or their parents – to legally possess CBD oil. It does not restrict access to clinical trials. However, the Senate bill in its amended form also allows similar access to CBD oil for epilepsy patients.

About Cannabidiol

Cannabidiol is one of two major components in all types of cannabis plants. Anecdotal evidence shows that CBD may be an effective treatment for a range of different conditions, though more research is needed. However, its link to cannabis and marijuana has resulted in stigma surrounding its medicinal use despite the fact that CBD is non-psychoactive.

Visit the resource pages on our site to stay up-to-date on new research and legal status regarding cannabidiol.

The post Cannabidiol Bill SC Ammended: What it Means for You appeared first on Healthy Hemp Oil.

In March 2014, the state of Alabama passed Carly’s Law, which unties the hands of doctors, allowing them to prescribe cannabidiol (CBD) to patients suffering from neurological conditions like epilepsy.

The law also lays the groundwork for sourcing $1 million from the Education Trust Fund to support studies meant to extend knowledge on the medicinal opportunities found within the hemp plant. The responsibility for undertaking this research is given to the University of Alabama at Birmingham.

The drafters of this law named it after 3-year-old Carly Chandler of Birmingham who suffers from a seizure-causing genetic disorder called CDKL5. This condition started to manifest when she was eight months old. After attempting numerous treatments without success, Carly’s parents, Amy and Dustin Chandler, felt CBD remained their only viable option.

However, state law stood between them and this treatment. In a bid to give their daughter a chance to live a normal life, they rallied fellow citizens to help push the political players in the state to embrace medical marijuana and accommodate it within the law. The signing of Carly’s Law was the culmination of that campaign.

How Carly’s Law is Create Change Across the Country

Alabama and other conservative states like Georgia, Florida, and Utah, who signed HB 105 or “Charlee’s Law” on March 20, 2014, are new additions to the list of medical marijuana-friendly states. With over 20 states having decriminalized marijuana, at least to some level, by April 2014, there is every indication that cannabidiol oil products will be legal in much of the United States in the not too distant future.

On April 7, 2014, The Pew Research Centre, a nonpartisan fact tank that conducts public opinion polling, released a study detailing a significant shift in opinion among Americans on the legalization of marijuana. About 54% of respondents thought that marijuana should be decriminalized – at least for medicinal use. This is compared to 42% who think otherwise. In fact, 79% percent believe alcohol is more harmful than marijuana to one’s health.

This is the first time a nationwide poll has shown more than half of respondents supporting the legalization of marijuana. In a similar poll by Gallup back in 1969, only 12% of Americans favored legalization of marijuana. Nevertheless, even with all this progress, there is still a long way to go before marijuana medicinal and beauty products are accessible to everyone who needs them across the country. The position of the federal government, and its different agencies, on the plant and its products has not changed a bit. In addition, a significant number of states still view marijuana consumption in whatever form and for whatever reason as criminal and unacceptable.

Meanwhile, you do not have to wait until the law changes in your state before trying CBD products. There are products available manufactured using industrial hemp, which is not, by itself, illegal. Industrial hemp CBD is legal in most parts of the world.

The post Carly’s Law: Why Cannabidiol Oil From Marijuana May Soon Be Legal appeared first on Healthy Hemp Oil.

He witnessed first-hand the devastating effects of Haleigh’s disorder, a condition that afflicted the young child with close to a hundred seizures a day.

The little girl’s parents told him about cannabis oil and how it helped similarly afflicted children in Colorado. They also told him about their plans to move to Colorado so Haleigh could legally obtain cannabis oil, a natural medication that has the potential to reduce the severity and duration of her seizures.

The experience changed Allen Peake’s stance on medical marijuana. Medical marijuana is a strain of the Cannabis plant that is high in cannabidiol (CBD), unlike recreational marijuana, which is high in tetrahydrocannabinol (THC). While research is still ongoing, CBD may have many different beneficial properties. It differs from THC in several ways, the most notable being that CBD does not give users a high.

After his visit with Haleigh, Allen Peake said in an interview,

“It made me realize that, if this was my child or grandchild, I’d be moving heaven and earth to get this legislation passed to provide some hope and relief to these families.”

Peake introduced the bill, nicknamed “Haleigh’s Hope Act,” in the Georgia state house on January 28. The bill was co-sponsored by over 80 Representatives, including Mickey Channell, Tom McCall, and Ben Watson. Through this bill, Allen Peake hopes to make medicinal cannabis available to those in Georgia who really need it.

Medical marijuana is currently legal in 20 US states, none of which are in the south. However, 10 other states, including Alabama, Florida, and Tennessee, are considering legalizing it.

The Scope of the Bill

Representative Peake is very clear on the fact that the bill is not a step towards legalizing recreational marijuana. The bill will legalize medicinal cannabis in a “tightly restricted, very regulated, doctor managed process” only for patients with seizure disorders.

Though the bill would make the cannabis medication available to patients, it would not be available at every drugstore. Only a select few research centers in Georgia would dispense the cannabis. The bill also limits the form of the cannabis to an oil extract that can be administered orally.

Peake currently plans to obtain the CBD oil from Colorado, where companies are producing cannabis oil suitable for medicinal purposes. Since cannabis products are not allowed in Georgia, there are no local means of extracting the oil.

The Challenges in HB 885’s Way

The legislative session ends in March, and Haleigh’s Hope Act (HB 885) faces a tough road ahead, but it does have the support of the Medical Association of Georgia. If the bill passes, it will face still other challenges. The biggest challenge at the moment is that it is currently not legal to import cannabis compounds in Georgia. Even Allen Peake abstained from bringing a bottle back with him after a visit to Colorado because it would have been a felony. Though it is unclear how CBD oil would enter the state, Allen Peake believes that universities could provide a legal pathway.

Conclusion

Haleigh’s Hope Act does seem to have a good chance, despite the challenges it faces. If it becomes law, families of children suffering from seizures in Georgia will be able to obtain cannabis oil in the state legally, eliminating the need for them to uproot their families and move to another state where the drug they need has been legalized.

Visit Allen Peake’s website for more information and updates on HB 885.

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The post How the Georgia Cannabidiol Bill Can Help Save this 4 Year-Old appeared first on Healthy Hemp Oil.

Question: Can You Legally Buy THC Oil?

Answer:  Yes, but you must be living in a US State that has approved Cannabis oil for sale for medical or recreational use. However, if you don’t live in one of these states, you can use CBD oil made from hemp to get the same benefits as THC oil.

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THC Oil, Cannabis Oil, Marijuana Oil, CBD Oil, and Hemp oil—these terms are often used interchangeably, but they often refer to different oils. So what’s really the difference? See below for the breakdown or check out our Best CBD Oil to learn about our top selling health supplements.

Table Of Contents
What is THC Oil? Is it legal?
What is Cannabis Oil? Is it legal?
What is Marijuana Oil? Is it legal?
What is CBD Oil? Is it legal?
What is Hemp Oil? Is it legal?
Which Oils are Legal to Buy?

What is THC Oil? Is it legal?

THC oil is created by extracting the THC compound from marijuana. THC is the compound responsible for producing a “high” feeling in its users, as well as other medicinal effects. This oil is highly regulated in the US and across the world. THC oil is not legal by federal law, but it is legal in states that allow for recreational or medicinal use of cannabis with a doctor’s prescription.

What is Cannabis Oil? Is it legal?

Cannabis oil refers to any concentrated extract made from cannabis. Cannabis oil can technically come from either hemp or marijuana, since both are varieties of the cannabis plant, but it typically refers to oil made from marijuana, which contains a much higher level of THC than hemp. Cannabis oil that comes from marijuana is highly regulated in the US and across the world. Federal law makes cannabis oil illegal, but cannabis oil is legal in states allowing for recreational usage, as well as states that allow for medicinal use with a doctor’s prescription.

What is Marijuana Oil? Is it legal?

Marijuana oil is created by extracting the THC compound (and other cannabinoids) from marijuana (the high-THC version of cannabis). It is used medically and recreationally for its high THC content. This oil is highly regulated in the US and across the world. Marijuana oil is not federally legal, but it may be used in states allowing for the recreational and medicinal use of marijuana oil. The latter requires a doctor’s prescription.

What is CBD Oil? Is it legal?

CBD oil is created by extracting the CBD compound from the stems, stalks, and leaves of the hemp plant. This is turned into products that are used to calm and relax the body and mind. CBD oil contains negligible amounts of THC and is therefore considered a food supplement in the US (unlike THC oil, marijuana oil, and cannabis oil). You can obtain CBD oil from reputable websites online or in your local dispensaries. CBD oil is technically not legal on a federal level, but the Hemp Farming Act of 2018 is close to passage and would make industrial hemp and its products, including CBD oil, legal. CBD oil is legal in states that allow recreational and medicinal marijuana usage. Some states specifically only allow CBD oil use. Many states that allow for medicinal CBD oil have restrictions that require the oil to have little to no THC.

What is Hemp Oil? Is it legal?

Hemp oil typically refers to hemp seed oil, which is made by a completely different process than CBD oil. Hemp seed oil is cold-pressed from the hemp seeds only. This contains no cannabinoids and can be used as a cooking oil. It also contains high levels of healthy Omega-3 and Omega-6 fatty acids. This oil is not regulated in the US or across the world, and it can be found in most health food stores. As hemp seed oil is a food product that contains no cannabinoids, it is perfectly legal throughout the country.

Which Oils are Legal to Buy?

While you may want to buy THC oil online to enjoy for any purpose you desire, the fact is that THC oil, marijuana oil, and cannabis oil (unless made from industrial hemp) are illegal to buy online.

There are a few websites that do offer it for sale, but this is an illegal activity that is not recommended.

However, you have two options to acquire your oils legally…

1. If you live in a state where the use of recreational or medical marijuana is legal, you can buy it from a dispensary.
2. If you do not live in a state where marijuana is legal, a great alternative is to use CBD oil.

What is CBD Oil?

CBD oil, which is also known as cannabidiol oil, is a legal alternative to THC oil, and it is available for sale in all US states, as well as many places around the world. It is just one of over 100 compounds derived from cannabis, and it is separate from THC. THC gives users a “high” due to its psychotropic properties, but this is not the case with CBD oil.

CBD oil provides you with many of the same benefits as THC oil, including the ability to relax and get better sleep. However, it does not have any psychotropic properties. This is why it remains a legal substance.

The Benefits of CBD Oil

While you may be looking for the best legal options to buy THC oil, you may find that CBD oil offers considerable benefits without the downsides or the legal consequences associated with THC oil. For example, CBD oil can reduce nausea and vomiting, fight inflammation, give you the benefits of antioxidants, and improve your mood and sleep patterns.

Take the Next Step

If you are ready to learn more about the potential benefits of CBD oil, you can read our Ultimate Guide to Cannabidiol before you place an order.

There are a number of products available for legal purchase with shipping available to all 50 states, and you can learn more about some of the best-selling CBD products under the Best CBD Oil section of our website.

Still curious about the legalities of THC, cannabis, and marijuana oil? Read on.

Is Hemp Oil Legal? That Depends.

It’s nice to know CBD oil extracted from hemp is legal across the US. Yet when it comes to hemp extracts containing THC, legal barriers remain—along with many questions. What, for example, is the difference between oil extracted from hemp and medical marijuana? What is and isn’t legal where you live, and for how long? All your questions about hemp products and the law—answered.

How to Enjoy the Potential Benefits of Hemp Oil 

There are two types of CBD oil: one derived from hemp and the other from medical marijuana. Products at healthyhempoil.com are legal in all 50 US states and many parts of the world. Depending on where you live, other CBD products may be subject to restrictions. Find out why.

Tackling Outdated Marijuana Laws—State by State

Can you legally use marijuana? That depends on your area code. While a handful of states are poised to follow the trail blazed by Oregon and Colorado, others seem to be moving in the opposite direction. Some allow for recreational use and others for medicinal purposes. Four states allow both. There are eight states likely to remain holdouts for the foreseeable future. What about yours?

The post Can You (Legally) Buy THC Oil, Cannabis Oil or Marijuana Oil? appeared first on Healthy Hemp Oil.

For Arizona residents who are hoping for the full legalization of marijuana, it’s been a bumpy ride. Medical marijuana has been legal since 2010. At that time, Arizona marijuana had been on the ballot four times over roughly 10 years (as Proposition 203), having failed in 2002 and barely passing with slightly over 50% of the vote. (1)

Since then, patients with an official physician’s certification have been able to get marijuana from registered dispensaries for treatment. But Arizona has some of the strictest state laws in the country, and Proposition 205, the bill slated to make recreational marijuana legal, failed to be voted in last year. (2)

What is the Arizona Medical Marijuana Act (AMMA)?

The Arizona Medical Marijuana Act (AMMA) was enacted in 2010 by the Arizona Department of Health Services (ADHS) and acts as the regulatory framework for the medical marijuana industry in Arizona. (3) The Act ensures that doctors may legally recommend medical marijuana as a treatment for a number of disorders, including cancer, HIV/AIDS, Crohn’s disease, seizures, and PTSD (see full list below).

The Act supports doctors in legally prescribing marijuana as a treatment “equivalent to the use of any other medication under the direction of a physician” (4), so long as there is official proof of a qualifying medical condition. It also outlines the terms with which patients will acquire a Registry Identification Card that allows them to access and consume marijuana legally. And finally, the AMMA defines the rules and regulations around growing and dispensing marijuana for medical purposes in AZ.

Who Can Qualify for a Medical Marijuana Card in Arizona?

Patients 18 years of age or older with a valid Arizona ID and address can register so long as they can supply medical proof of one or more of the following conditions: (5)

• Cancer
• Glaucoma
• Human Immunodeficiency Virus (HIV)
• Acquired Immune Deficiency Syndrome (AIDS)
• Hepatitis C
• Amyotrophic Lateral Sclerosis (ALS)
• Crohn’s disease
• Agitation of Alzheimer’s disease
• Cachexia or wasting syndrome
• Severe and chronic pain (e.g. arthritis, migraines, etc.)
• Severe nausea
• Seizures, including those characteristic of epilepsy
• Severe or persistent muscle spasms, including those characteristic of multiple sclerosis
• Post-traumatic stress disorder (PTSD)

Medical marijuana may provide relief for a variety of physical and psychological ailments that are not listed above, including anorexia, arthritis, Asperger’s, autism, diabetes-related illnesses, hepatitis, insomnia, thyroid problems, shingles, and more. If you suffer from something similar to these and you believe that medical marijuana may be an appropriate treatment, or you are a caretaker for someone who could potentially benefit, talk to your doctor.

How to Get a Medical Marijuana Identification Card in Arizona

Patients need to obtain written proof of a diagnosis of one or more of the above, either from their regular physician or via a medical marijuana doctor. A medical marijuana doctor may be an MD or alternative medicine practitioner, such as a naturopath or homeopath. (Note that visiting an alternative practitioner visit will likely cost around $150 per visit as it is not typically covered by insurance.)

The documentation package includes the physician form, an application fee, personal information, and a statement form that affirms that you will not use it in criminal ways. Children under the age of 18, or those who wish to register as a caregiver, must follow a separate set of procedures.

Once the documentation is in order, either the medical marijuana doctor or the patient will submit the required documentation to the ADHS. It should take less than 10 business days to receive your card in the mail if the application is approved. Once you have the card, you will be able to purchase marijuana from registered dispensaries. The card is to be renewed annually. (5, 6)

Visit the ADHS website for more information and to acquire the application forms. (7)

Marijuana Laws and Regulations Specific to Arizona

Since Arizona still has relatively strict marijuana laws in comparison to other states, recreational pot is not legal statewide, and cannabis is still considered an illegal Schedule I drug at the federal level. It’s important that visitors and residents alike take heed of some special state rules that pertain to buying, possessing, growing, and consuming marijuana.

Possession and Consumption

As of November 2017, it is not legal to possess or consume marijuana or marijuana products without a state-issued registry identification card (medical marijuana card). With the card, patients are allowed to obtain 2.5 ounces every 14 days but must only smoke in private. Anyone caught with marijuana and no card is subject to felony charges, as detailed under A.R.S.13-3405. (8)

It is not legal to drive under the influence of any drug or alcohol in the state. However, if the only indication of intoxication is a trace of marijuana in a person’s system, and if they are in possession of a card, they will not likely be punished. (9)

Cultivation

Those with a medical marijuana card are allowed to grow up to 12 plants if they live at least 25 miles away from a dispensary, a distance that is determined “as the crow flies.” Plants are required to be grown in a closed, locked space that is only accessible to the cardholder. Caregivers may also grow and dispense marijuana so long as they are over 21 and do not have a record of drug felonies. (9, 10)

Dispensaries

Dispensaries in Arizona are heavily regulated. All dispensaries are nonprofit and must be registered with an Approval to Operate Certification from the ADHS in order to legally sell marijuana products.

The AMMA states that dispensaries are to be limited in quantity to 10% of the number of pharmacies, which means that the maximum number of dispensaries in the state is approximately 124. Hours of dispensaries vary, but may range from 8 a.m. to 10 p.m. Patients receive a list of Arizona dispensaries on reception of their medical marijuana card. (9, 11)

Schools and Public Grounds

Smoking marijuana is prohibited in all public areas, as well as dispensaries. However, some edible medical marijuana products are legal for public consumption.

The use of marijuana for medical or other purposes has generally been strictly forbidden at any type of public or private educational institution, including post-secondary institutions, unless it’s being used for research purposes. Beyond protecting children and young adults from harm and criminal activity, the purpose of this is to ensure that institutions have access to federal funding. (12)

Many controversial stories have come out about the use and study of marijuana in post-secondary institutions. One instance was the firing of a university professor in 2014, who was researching the effects of the drug on PTSD patients. The professor was let go despite the fact that she had already acquired permission from the Public Health Service. (13)

In early 2017, it was determined that medical marijuana users at post-secondary institutions, while subject to rules by each individual school, cannot be criminally charged. (14)

Workplaces

Employers are not allowed to discriminate against employees who are registered cardholders, unless it is related to a legal business issue in accordance with federal law — for instance if the employee is doing something that threatens the livelihood of the business at large.

Employers are also not allowed to penalize registered patients should they test positive on a drug test; that said, it is illegal to use marijuana on workplace premises. (15)

The Current State of Arizona’s Medical Marijuana Program

As of now (November 2017), the Arizona Department of Health Services (ADHS) reports that the state is currently home to 143,200 medical marijuana patients, with the most being in Maricopa County. More than half of these patients use marijuana to relieve chronic pain, and over 3,600 use it therapeutically specifically for cancer-related problems. In 2017 alone, the program grew by approximately 30,000 patients.

Despite the fact that there are more and more people utilizing the medical marijuana program, there was still a “no” vote on Proposition 205, which would have legalized recreational medical marijuana in 2016. One possible reason behind this is that a large pharmaceutical company, Insys Therapeutics, which manufactures fentanyl among other things, lobbied against the legalization. (16)

There has also been controversy regarding the cost of the registration cards. In November 2017, an appeal was submitted to the state court that claims the $150 annual fee for marijuana cards is too high given the costs needed to run the program. The state collected $24.9 million in fees during the previous year, which is more than double its operational costs. Another argument against high fees is the lack of accessibility for low-income earners in need of medical treatment. (17)

Frequently Asked Questions

Is it legal to use medical marijuana in public in Arizona?

No one is allowed to smoke marijuana publicly or even in dispensaries in Arizona, not even those with a medical marijuana card. Cardholders may, however, consume certain edible products in public.

Do they prescribe medical marijuana for anxiety or depression in Arizona?

Currently, the list of official qualifying conditions that you must have in order to get a medical marijuana card in Arizona does not explicitly cover anxiety. It does, however, cover PTSD and other illnesses that may relate to anxiety or depression. If you believe that you suffer from an illness that is not on the list, it’s worth it to talk to a doctor.

What is medical marijuana prescribed for in Arizona?

Patients 18 years of age or older with a valid AZ ID and address can register so long as they can supply medical proof of conditions, such as seizures, cancer, HIV/AIDS, PTSD, chronic pain, migraines and ALS (see a complete list above or here).

You may also apply for a card as a caregiver, as is the case with several Arizona mothers who use cannabis-based products as a treatment for their children with serious illnesses.

What is the cost of a medical marijuana card in Arizona?

It currently costs $150 annually for regular cardholders or $75 for those who qualify for the Supplemental Nutrition Assistance Program (food stamps) program. Note that the initial doctor evaluation visit may also cost a fee if it is not covered by insurance.

How do I open up a medical marijuana dispensary in Arizona?

In 2016, the ADHS awarded 31 new licenses, and 99 were already operating, which means that the state has filled its legal quota for dispensary licenses. It is not known when the state may allow more dispensaries to open.

In general, you should prepare yourself just as you would if you were to open any other type of business. You want to consider how you would secure adequate financing, set up a corporate structure, a business plan, scout for a storefront, and understand and apply for all of the necessary licenses. You will also want to have a thorough understanding about products and all regulations pertaining to growing or acquiring cannabis products that you plan to sell.

It costs approximately $5,000 just to submit the application package for a dispensary.

Consult the ADHS Dispensary FAQ website for details about opening and operating a dispensary. (18)

Can I become an Arizona resident temporarily (to get an MMJ license)?

If you can prove that you are a resident of the state with a permanent address, and you acquire a state ID card, you can apply for a medical marijuana card.

If I live in Arizona and have a new medical marijuana card, can I get free samples from dispensaries, and if so, around how much?

It is possible that dispensaries will have samples on hand, but this will vary from store to store.

Do you know of a pain management doctor in Arizona who will allow medical marijuana use?

You can find a list of medical marijuana doctors in Arizona here.

How hard is it to get a medical marijuana card in Arizona?

So long as you can provide medical proof of a qualifying condition, you are over 18, and a resident of Arizona, you should be able to apply for a medical marijuana card after an in-person evaluation.

Can a truck driver with a commercial driver’s license also legally have a medical marijuana card in Arizona?

A commercial trucking license is a federal license, so it does not apply to state laws. Having a commercial license is more a matter of having a clean driving record than whether or not a person has a medical marijuana card. But since marijuana still is a federal crime, technically, and because marijuana is not allowed in the workplace, it would not be a good idea for a truck driver to be in possession of marijuana while on the job.

Do AZ dispensaries accept registry cards from other states?

People who are visiting from other states and have a valid medical marijuana card can carry their own marijuana (up to 2.5 ounces only) into the state but are not able to buy it.

Can I use my AZ marijuana registry card to purchase marijuana in other states that have not yet legalized recreational pot?

States which have recognized medical marijuana programs typically will allow you to possess and consume small amounts of marijuana, so long as you have your card. However, the only two states that allow you to purchase at dispensaries are Nevada and Hawaii (as of January 2018). Note that the sale may be up to the discretion of the dispensary owner.

If you are traveling out of state, be sure to familiarize yourself with the state’s possession and purchasing laws before traveling.

The post What You Don’t Know About Arizona Marijuana Laws Can Cost You (Big Time) appeared first on Healthy Hemp Oil.

As the legalization of marijuana use in some form has passed in 29 states and the District of Columbia, it is safe to say that the legal use of cannabis has come a long way socially, as well as politically. Although a sizeable amount of the general public has come to accept the usage of pot, there is still a significant misconception of its potential.

Currently, medical and recreational use of cannabis is legal only at the state level. However, it is mostly illegal at the federal level, creating tension and confusion for its advocates and opponents. The disconnect stems from the Controlled Substances Act that enlists marijuana as a restrictive drug. How did that come to be? And why does that matter?

The blurred lines of marijuana legality are something that you should be aware of because where you use pot and how you use it may be different from one state to the next. We are here to discuss some of the implications of the Controlled Substances Act to better educate you about where marijuana use stands today.

What is the Controlled Substances Act?

In 1970, the Congress of the United States passed the Federal Comprehensive Drug Abuse Prevention and Control Act into legislation, effective May 1st, 1971. (1) The federal law contains 3 titles:

1. Title I – has to do with programs available for addicts and drug abusers who require rehabilitation and how they can be established.
2. Title II – is the Controlled Substances Act, and it has to do with the manufacturing and distribution of narcotics, stimulants, hallucinogens, and other controlled substances.
3. Title III – deals with the importing and exporting of controlled substances. It overlooks the criminalization, penalties, criminal forfeiture, and laws around all controlled substances.

Focusing on Title II, the Controlled Substances Act (CSA) is a federal drug policy and foundation that protects consumers against the country’s problem with drug abuse. It serves as the groundwork concerning public health by using a consolidated number of laws that regulate the distribution and production of controlled substances. (2)

These consolidated number of laws include prohibitions against unlawful possession that is deemed as dangerous, dependence-forming, and otherwise detrimental to use without an authorized prescription. The CSA has a categorization of controlled drugs, based on the drugs’ medical benefits, as well as their potential for addiction and abuse.

Controlled substances, narcotics, depressants, hallucinogens, and stimulants, such as marijuana, cocaine, methamphetamine, and other prescription and street drugs are categorized into 5 different “schedules,” which we will discuss further in detail later on. (3)

Regulated Substances Under Existing Federal Law

So, how are these categories restricted at the federal level?

The CSA holds a classification of 5 schedules of regulated substances based on their harmfulness, potential for dependence and addiction, and its medical benefits. According to the act, certain considerations have to be in place to determine where the drug is to be classified under control and regulation. Here are some of those factors (4):

1. Is there a history and pattern of abuse for this drug?
2. Are there are any public health risks?
3. How long, how life-threatening, and how broad of a range is the dependence?
4. Is the dependence psychological or physiological?
5. What is the actual and relative potential for abuse?
6. Is there any known scientific knowledge for the drug and its chemical effect?

Restricted Access

As far as who can be registered to handle controlled substances, the CSA restricts access primarily to manufacturing companies, distributors, and dispensaries. Every drug manufacturer, dispenser, and distributor in the US must register with the Drug Enforcement Administration (DEA), with the goal to improve the handling and production of all controlled substances.

Once a controlled substance is registered, the DEA can then distribute the contents in an accountable manner, having traceability from the initial manufacturing process all the way to the final distribution to the patient.

At this time, pharmacies that dispense a controlled substance can register for 3 years. In total, there are currently more than one million wholesale and retail registrants, according to the DEA. (5) The only exceptions for those who can legally handle the controlled substances under federal requirements are manufacturers’ representatives who have access to samples.

Drug Classifications Based Upon Their Abuse

Controlled substances are defined as any drugs or medications that have the potential to be abused by its users, or it can make users dependent on them. Under the CSA, drugs are classified based on their abuse potential, safety, and medical application into the following 5 categories of schedules (6):

Schedule I

The Schedule I substances are described as having the following: high potential for abuse, currently not an acceptable medical treatment in the USA, and lacking in scientific and medical safety when used. Schedule I substances are not subject to be prescribed by any medical professionals.

Currently, the CSA deems the distribution of Schedule I substances as a federal crime, and offenders are subject to being convicted of trafficking, which can quickly land them a life sentence, depending on the quantity sold.

Marijuana and its cannabinoids are listed as a Schedule I substance, and although states such as Colorado, Washington, California, and Oregon have motioned for the legal use of marijuana both medicinally and recreationally, that is not to say that users won’t be prosecuted under federal law.

Other well-known Schedule I substances include heroin, LSD, and MDMA.

Schedule II

Drugs and controlled substances within Schedule II of the CSA are those with the following findings: drugs or materials with a high potential for abuse, controlled substances that have currently accepted medical use for treatment in the US (even if there are severe restrictions), and potentially critical psychological and physical dependence when abused.

No controlled substances within Schedule II may be dispensed without a prescription. As well, no order of any Schedule II substances can be refilled under any circumstances. Any offenses are subject to substantial penalties under this schedule.

Schedule II drugs and controlled substances included in this classification are amphetamine, cocaine, fentanyl, morphine, opium, and PCP.

Schedule III

Schedule III substances are classified with the following findings: a potential for abuse that is less than the materials in Schedules I and II, the drugs are currently accepted for medical use in the US, and they have the potential to lead to moderate to mild dependence both physically and psychologically.

Drugs and substances in Schedule III cannot be given to a user without a prescription, and they cannot be refilled more than 6 months after the initial order or refilled more than 5 times after the prescription date unless renewed by the medical practitioner.

A few examples of Schedule III substances include semi-synthetic opioids, anabolic steroids, and barbiturates like Androderm and Amobarbital.

Schedule IV

Substances and drugs in the Schedule IV category have a low potential for abuse relative to Schedule III; they are currently accepted for medical use in the US, and they may lead to limited dependence psychologically and physically, compared to the substances in Schedule III.

Control of Schedule IV drugs requires that refills of up to 5 times are allowed within a 6 month period, and it can be done by the authorization of the prescription itself or by a call-in to the medical practitioner.

Some examples of Schedule IV drugs include Xanax, Valium, Ativan, and Ambien.

Schedule V

Relative to Schedule IV, drugs and substances in Schedule V have the minimal potential for dependence and abuse with acceptance as a medical treatment in the US.

Schedule V substances include cough suppressants and anticonvulsants like Lyrica.

Not Controlled

The substance or drug is not subject to the Controlled Substances Act.

Evolution of the Issue of Marijuana Legalization

Marijuana laws have long been disputed because of the political influence involved in legalizing the use of pot. The very first regulation of marijuana came about in 1937 when the federal government introduced the Marijuana Tax Act. The act was put in place to tax and regulate the drug, rather than prohibit it altogether.

By the year 1952, stiffer restrictions and mandatory sentencing for offenses in marijuana sales and possession came to be, and marijuana was virtually outlawed.

In 1970, Congress passed the new Comprehensive Drug Abuse Prevention and Control Act which birthed the Controlled Substances Act, which still stands today. Within this Act, marijuana and cannabis were categorized as a part of the most limited schedules that deemed the substance to have no valid medical uses and a high potential for dependence and abuse. A portion of this categorization stems from Richard Nixon’s war on drugs campaigns. Thus, cannabis was scheduled along with substances like heroin and LSD, even though medical, scientific, and legal opinion proved otherwise.

By 1972, an appeal was made to recommend the removal of marijuana from Schedule I, as well as the decriminalization of cannabis products. However, the appeal was rejected, and the designation of a Schedule 1 substance made it impossible to further any medical research on the drug to prove otherwise. The restricted access to cannabis made it hard for the scientific community to test marijuana’s therapeutic usefulness.

Since then, many local lobbyists and activist groups have come to support and initiate state interest in medical marijuana. As such, presently 29 states and the District of Columbia have legalized medicinal marijuana, 8 of which have authorized the recreational use of marijuana. (7) Given this new legal stance, cannabis users can now freely acquire a physician-ordered prescription of medicinal marijuana to alleviate their pain and ailments.

Considerations to move marijuana from Schedule I

Possession of marijuana is still a punishable act at the federal level due to its place as a Schedule I controlled substance. Multiple appeals to the DEA to move marijuana and cannabis use to a Schedule II or lower schedule are currently either in progress or have been ostensibly denied at the federal level.

Advocates of marijuana legalization argue that cannabis does not actually fit into the three statutory criteria for Schedule I controlled substances. It does not have the same abuse profile as other Schedule I substances, such as cocaine and heroin. THC in marijuana does not have the same dangerous properties and toxicity, as well as the corresponding dependence potential, as cocaine and heroin.

Although there is potential harm to smoking marijuana, advocates have also argued that there are benefits through other means of ingestion that are readily available. Ingestion options include vaporizers, cannabinoid oils, and edibles.

Overall, proponents for marijuana legalization affirms the need for rescheduling the drug due to the potential benefits for patients with long-term illnesses. Also, if cannabis were to remain in the Schedule I categorization, further research and medical acceptance would be limited to nonexistent without the support at the federal level.

Arguments for marijuana to remain in Schedule I

Based on the history of the Controlled Substances Act, for cannabis to be moved into a Schedule II or lower categorization, those against rescheduling have publicized the following criteria and requirements for consideration:

1. Does marijuana have a known and reproducible drug chemistry?
2. Does marijuana have adequate safety studies?
3. Are there adequate and controlled studies showing marijuana’s efficacy?
4. Are marijuana’s therapeutic benefits accepted by qualified experts?
5. Is scientific data available for scrutiny?

In determining whether cannabis is accepted for medical use, the DEA has concluded that cannabis does not meet all of the above criteria. The DEA decided that, even if marijuana has a low potential for abuse, it cannot be rescheduled due to its lack of empirical evidence for medical acceptance in the US.

Others against rescheduling also argue that physical dependence and how toxic a controlled substance may be are not the only influences to determine its abuse potential. They suggest that psychological reliance should be taken into consideration, especially when users are willing to risk their careers, relationships, and education to use cannabis.

Conclusion

Support has been on the rise steadily in the last couple of decades. However, the road to decriminalization and full marijuana legalization will not come about until more careful scientific research and substantial medical trials can prove its benefits. What are your opinions for or against the rescheduling of cannabis products?

Frequently Asked Questions

According to the Controlled Substances Act, what is a Schedule I drug? Why is marijuana labeled as Schedule I?

Schedule I drugs are defined by the following required findings:

1. The drug or other substance has a high potential for abuse.
2. The drug or other substance has no currently accepted medical use in treatments in the United States.
3. There is a lack of accepted safety for the use of the drug or other substance under medical supervision.

Marijuana is labeled as a Schedule I drug due to its potential for psychological dependence, as well as the lack of scientific findings for its medical use in the United States.

Why was the Controlled Substances Act enacted?

The Controlled Substances Act of 1970 was enacted as a replacement for the Marijuana Tax Act. In response to a Supreme Court ruling, which held the Marijuana Tax Act as unconstitutional and a violation of the Fifth Amendment, Congress passed the Controlled Substances Act within the Comprehensive Drug Abuse and Prevention Act of 1970, which abolished the Marijuana Tax Act.

If alcohol and tobacco are drugs that have a potential for abuse and addiction, why aren’t they in a schedule of the Controlled Substances Act?

Tobacco and alcohol have been in use for well over a couple hundred years. As such, they were commonplace before any government sanctions and control were put in place to limit their use. There are a few theories behind why marijuana is in Schedule I restricted access while alcohol and tobacco are not in any schedules at all, but primarily it is thought to be too broad of a social norm and too widespread to now criminalize its use and distribution.

If marijuana becomes a Schedule 2 drug, how will that affect smaller dispensaries?

Many in the marijuana industry are concerned that if marijuana were to be bumped down to a Schedule II substance, the burden to maintain compliance with the FDA regulations might bankrupt many small dispensaries. Currently, because cannabis is a Schedule I drug, it is only under the jurisdictions of the DEA. If it were ever to be rescheduled as a Schedule II controlled substance, it is subject to all of the FDA’s laws and regulations to manage its manufacturing, distributions, sales, and use.

Why is marijuana a Schedule I substance when there is no proof of any deaths related to its use?

The psychological addiction alone calls for the DEA to question the potential for abuse for long-term users. It does not matter what the toxicity level is; only a controlled substances’ potential for abuse, medical usability, and potential for dependence matter.

What are the benefits of the Controlled Substances Act?

The CSA is beneficial in regulating and holding accountability to manufacturers, distributors, and users of controlled substances that can potentially be harmful to society as a whole. Without it, other arbitrary laws, such as the Marijuana Tax Act, may still be in effect.

What is the likelihood that the judiciary will ever rule that marijuana does not meet the criteria to remain a Schedule I controlled substance?

According to some, the judiciary ruling that marijuana does not meet the criteria to remain a Schedule I controlled substance will do little to nothing to move the legalization of marijuana forward. It will not alleviate any federal controls, nor will it make cannabis more accessible for clinical studies.

The CSA classifies drugs into schedules, Schedules I-V. Are there prescription-required drugs which are not scheduled?

Drugs that are not classified by the DEA do not fall under the 5 schedules of the CSA. Any prescription drugs that are not addictive and have medical use, such as blood pressure and some depression medication, are not under CSA classifications.

Why did the US government decide to ban specific drug use, and what makes it constitutional on a federal level?

In Article I, Section 8 of the United States Constitution, Congress is granted power to prohibit and ban drugs for the general welfare of its people. Lawmakers and courts alike agree that their decision to ban particular drug use is ultimately for the betterment of public safety, regardless of whether or not it is actually constitutional on a federal level.

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It’s already been a year since Ohio started its journey to legalize marijuana for medical purposes and it is still considered a controversial decision, with unknown implications. Making Ohio medical marijuana use legal seems far-fetched to people who worry about the criminal implications of this substance. Yet, it’s one of the oldest known medicinal plants. Historical records mention it as early as 5000 years ago for treating conditions like rheumatism and gout. Ancient Greeks used it against inflammation and to sooth horses after battles (1). The recreational dimension has its roots in India where it was smoked to induce a trance state, perfect for mystical and religious worshipping. Medical marijuana may help alleviate pain, decrease anxiety, or have a calming effect.

Currently, the main question is: are there any notable differences between recreational and medical marijuana?

• Chemical composition: All cannabis plants have different concentrations of tetrahydrocannabinol (THC), which is a psychoactive substance, and cannabidiol (CBD), which does not give you a “high” but could offer other benefits. Most recreational users look for increasingly high THC levels, while medical users need high CBD levels and as little THC as possible, especially if the target patient is a child.
• Plant type: To get the right concentration of CBD (or THC), it all starts with the plant. Industrial hemp, classified as part of the sativa family, is high in CBD. If the THC concentration is greater than 0.3%, the plant is no longer regarded as hemp but as marijuana. The indica variety usually has more THC. Even within the same family, there are differences between plants, due to selective breeding.
• Ingestion method: For medical purposes, marijuana is consumed in edibles, oils, tinctures, creams, or is sometimes vaporized. On the other hand, recreational users have access to all of these methods of consumption, as well as smoking. For medical patients, smoking is not recommended, due to the potential side effects. Igniting the plant can be detrimental to your respiratory system, just like with regular smoking, and it should be avoided.
• Medical recommendations and buying: You need to be suffering from a registered condition to benefit from a medical recommendation for marijuana. In this case, you can only get it from a regulated medical dispensary. For recreational use, you don’t need any paperwork, but we still advise you to get it from a dispensary.
• Age limit: People over 18 can buy their own medical marijuana. Children who have cards transfer their rights to legal tutors who purchases it for them. Recreational users must be over 21 and live in a state where it is legal. The only requirement is to show a valid photo ID card.

As you can see, there are plenty of differences between medical and recreational marijuana, but these are related to the legal implications and ways you can enjoy their benefits. There is no one strain of cannabis that is classified as better than the others. All of them should be regarded as different tools for different needs. Depending on the condition you want to use them for, some strains are better for you, but that by no means makes them the best. If you are not a certified professional, restrain from recommending marijuana-based products to other people, even if they have the same qualifying condition.

Ohio Medical Marijuana

Ohio is walking the long road towards legalizing marijuana. The first notable change since 1975 was when it was decriminalized in September 2016 by House Bill 523, which is expected to become fully operational by September 2018 (2). The implementation process is two years long because it is heavily regulated to prevent abuse and misuse.

The legal provisions only address patients with certain conditions that could benefit from using marijuana products at the recommendation of a certified physician. If you are a resident of Ohio and are looking to include this in your treatment plan, you must =obtain a marijuana patient card, which will come at a cost and have an expiry date, usually 12 months. Currently, cards issued by other states are not recognized in Ohio, but a future reciprocity agreement could become active.

Since this is just the first step and lawmakers are trying to find the best way to control and keep track of its usage, it is forbidden to grow marijuana, even for personal or household use. The Department of Commerce and State Board of Pharmacy are working together to create guidelines and requirements for industrial growers and dispensaries to ensure quality and quantity.

Guides for Patients and Caregivers

Medical marijuana will be available in Ohio for patients suffering from qualifying conditions. State officials estimate the percentage of possible users to be between .04 percent (5,150 users) and .44 percent (51,500 people) of the state’s population, but experts think it could be significantly higher, reaching 24% (3). This is due to the inclusion of “chronic pain” on the list, which can have modifications.

Qualifying Medical Conditions

The current list includes 21 conditions. Some of the qualifying conditions are chronic and can include terminal stages. If you or a loved one are suffering from one of the following, you could increase the quality of your life by finding the right, accepted product derived from medical marijuana.

The conditions currently accepted are:

• AIDS
• Amyotrophic lateral sclerosis
• Alzheimer’s disease
• Cancer
• Chronic traumatic encephalopathy
• Crohn’s disease
• Epilepsy or another seizure disorder
• Fibromyalgia
• Glaucoma
• Hepatitis C
• Inflammatory bowel disease
• Multiple sclerosis
• Pain that is either chronic and severe or intractable
• 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

The initial petition included other conditions like autism with aggressive or self-injurious behavior, muscular dystrophy, cachexia or wasting syndrome, Huntington’s disease, and severe and persistent muscle spasms, but these did not make it into the initial selection. They could be added later by the Ohio Medical Board (4).

Where to Buy Medical Marijuana

Medical marijuana will be strictly regulated and only available based on a patient’s card at dispensaries. The current program has divided the state into four broad areas. Each of these has sub-divisions and a designated number of clinics proportional to the estimated patient population, the total number of inhabitants, and their closeness to major roadways. The total number of dispensaries so far is valued at 60: 10 for the northwest region, 18 in the northeast, 17 in southeast and 15 in the southwest (5).

When visiting a dispensary, be sure to have a valid ID card or driver’s license and the recommendation you got from your doctor. Since there are a lot of strains and products to choose from, be open about your condition, symptoms, and medical background. The staff members (called budtenders) will recommend products that are crafted specifically to your needs.

Currently, there is no operating dispensary in Ohio, since the program is still waiting for legal approvals and guidelines. When the dispensaries are ready to receive clients, you will be able to locate your nearest one online.

When Will Medical Marijuana Be Available

The official timeline designates September 8, 2018 as when the medical marijuana program will be fully operational. By that time, dispensaries should be open and you can expect to be able to get your recommended amount. Of course, this implies that both doctors and producers will be certified and that patient cards will be issued by that time. These steps seem to be behind schedule at the moment.

Doctors are still waiting for the Ohio Medical Board and their employers to be allowed to recommend medical marijuana. As a potential patient, be ready for a paper-intensive process, which asks you to produce qualifying medical records from the last 12 months.

Forms of Medical Marijuana

While a layman may only picture a joint when someone says “marijuana,” the reality is that there are countless ways of consuming your recommended amount of active components. In fact, smoking is the only form of consumption that is not allowed, and you could be charged for it.

However, there are other ways of consuming your dose in safe and even delicious ways:

• Vaping: At medical dispensaries, you can get a simple vaping pen and replaceable cartridges that help you keep track of your dosage. Always stay on the lower end if you are a new user, and allow your body to adapt to the sensations and reactions gradually. Vaporizing helps the active substance get into your bloodstream fast. Depending on your situation (age, weight, tolerance), you will feel the effects in 5-20 minutes.

• Edibles: This is one of the most pleasant ways to administer medical marijuana to children. There is a wide variety of edibles, including chocolate bars, chews, oils and more. Most of them come in health-conscious versions, such as vegan or gluten-free. Be ready to wait a bit longer for these to kick into action, usually between one to two hours. The packaging always contains valuable information about the dosage. Check that first when selecting a treat. You can even follow online recipes and make your own using oil, butter, or other marijuana ingredients.

• Pills: If you don’t want the extra calories of edibles but are looking for the same effects and a more precise way of keeping track of the dosage, pills are a good choice. Be prepared to wait around two hours to feel the full effects, and don’t take additional CBD capsules sooner.

• Tinctures, sprays, oils: Usually sprayed directly in your mouth or taken sublingually, these get into your bloodstream quickly (15-30 minutes), but they are not as tasty as edibles. This form is recommended for traveling or whenever discretion is necessary.

• Topical wax and creams: Topical cannabis products act like any other pain relief creams when applied to painful joints or affected skin. The action time is about an hour, and some users have reported a persistent smell, although this is highly dependent on the brand and other ingredients like solvents and fragrances.

Medical Marijuana for Minors

Using cannabis products for children and teenagers is considered controversial, and the law explicitly bans creating products that could be regarded as attractive by children. Currently, this definition needs to be further explained, and a commission is working on it.

In the states where medical marijuana is legal and used to treat people under 18 years old, the most common applications are related to epilepsy episodes and other types of seizures. End-of-life care for patients with cancer also qualifies as a sufficient condition. Using marijuana could offer temporary pain relief.

Unfortunately, there are few scientific studies on the efficacy of marijuana products for minors, but the empirical evidence tends to support quality of life improvements. This is a vicious circle since it is hard to have marijuana products tested on children. Therefore there is little evidence, leading to more disbelief in the benefits of cannabis products for this age group. The products usually recommended include CBD edibles and CBD tinctures. Recreational use is strictly forbidden for minors and so is smoking as a delivery method.

Growing Medical Marijuana for Personal Consumption

Under Bill 523, it is prohibited to grow your own plants. The motivation behind this decision has to do both with controlling drugs and ensuring the quality of the medicinal marijuana. The legal provisions for producers are expected to be highly regulated to ensure that the plants have a high CBD concentration and lower THC levels. Individual growers with no background in agricultural knowledge and chemistry would have a hard time ensuring that the plants that they are harvesting are fit for medicinal purposes and are safe to be consumed by more sensitive users like the elderly and children.

Some sources advise that you grow small amounts (under 100g), by taking advantage of the decriminalized status, which could only result in a small penalty ($150). Assuming you don’t want any trouble with the authorities, though, it is better to wait for the dispensaries to be set up (6).

How Much Can You Legally Buy?

Currently, the bill states that each user will be allowed to own a quantity sufficient to last them for 90 days at a time. This amount can be composed of different types of products, including plant parts, oils, tinctures, vaping cartridges, pills, and edibles.

The Pharmacy Board has yet to determine the amount of active substances allowed in each of these forms or as a total value. It is not clear yet if the amount will be based on the patient’s individual needs or a general maximum.

Terminally ill patients with a life expectancy of 6 months or less can be exempted from the 90 day rule and receive greater amounts of product in this 90-day period to help them improve their quality of life.

The law states that, if you are a caregiver to multiple patients, you should keep the amounts for each person separately.

Can You Get Fired for Using Medical Marijuana?

Cannabis is still illegal at the federal level and classified as a Schedule I substance, but states can have different legislation. However, due to this classification, if an employer requires you to take a drug test and you fail, they can terminate your contract (8). Ohio has not adopted a corresponding law provision like that of Arizona and Minnesota, which protects medical marijuana users and makes a clear distinction between recreational users in relationship with employers.

So, the short answer is, yes, you can get fired for using marijuana if your employer has a no drugs policy in place. You could be careful and deliberately use only CBD-high products that are as low as possible in THC. Of course, if you are fired, you could sue your employer for discrimination and hope for a decision similar to that of the Supreme Court of Massachusetts, which admitted the claim but is not able to guarantee the success of the patient (9).

The Medical Marijuana Card

Following the example of other states where medical marijuana is legal, Ohio will require patients to be recommended by a certified doctor to purchase marijuana-derived products. This is usually in the form of a medical letter that states the patient’s and doctor’s contact information and a validity term. The patient also grants the doctor their consent to discuss their medical condition with other authorities about medical marijuana consumption. This letter can have a more portable format, known as the marijuana card, which is similar to a credit card, containing the same information in an encrypted way.

Benefits of a Medical Marijuana Card

The card is a handy tool to have on hand that proves that you are legally allowed to carry marijuana products for your own use. It will allow you to have cannabis products in your car, pockets, or house without worrying.

a. Access Marijuana Dispensaries

One of the most important benefits of having a card is access to a medical marijuana dispensary and the right to buy marijuana products up to the legal limit. Of course, your recommendation letter serves the same purpose, but that can be easily damaged and rendered ineffective. A card is much simpler to carry around and can even act as a discount token if your future dispensary has client bonus programs.

b. Possess a Sufficient Supply of Marijuana

Your card will be linked to a digital record of your past purchases, and you will be able to keep track of how much you have bought and ingested. Also, it will give you the right to buy enough marijuana products to last you for 3 months (90 days) at a time. This saves you from frequent visits to the dispensary, waiting times, and transportation costs, as the dispensaries will be sparse.

c. Use Your Card in Other States

At this time, the Ohio Board of Pharmacy is considering negotiations with other states for a mutual recognition of cards. This will require careful reconciliations between laws from Ohio and those of other states. For a seamless recognition process, the qualifying conditions should be similar, the amounts allowed should also be around the same value, and there needs to be a control mechanism in place that forbids getting more product than the legal limit. Since there are a lot of implementation issues to be figured out, Ohio does not recognize cards issued in other states, right now.

Fees:

The application fee for the program needs to be set by law and probably will be released together with other application norms. Judging from the experience of other states, you can expect to pay $30-$50 for a card that is valid for a year.

The Process

The application process is mostly done online but can be considered lengthy. At this moment, there are some missing links due to insufficient legislative provisions. You can’t get a card now, as there are only pre-registering options. When the law becomes effective, which translates into certified doctors and dispensaries, you will be able to apply for a card if you have a qualifying condition.

To verify your claims, be ready to show one previous year’s worth of medical records to a certified professional. Medical marijuana doctors will be allowed to issue a recommendation letter for you to use at a dispensary. You won’t get a prescription since it is an illegal substance at the federal level.

Once you have this document, you need to visit a dispensary, register under the Ohio Medical Marijuana Control Program, and then you are ready to purchase marijuana-based products. On further visits, instead of your letter, you can just show your card instead.

Ohio Medical Marijuana Rules

Medical marijuana is new to Ohio, and authorities are going the extra mile to ensure proper application of the law and that this program will not take a wrong turn towards abuse. The framework is in place. However, there are so many small details to be completed that the stakeholders find it difficult to navigate through this maze to turn it into a financial opportunity.

1. Cultivation

At this moment, the applications to become a cultivator are closed, and authorities are evaluating over 180 companies that want to be in this business.

The requirements for previous experience and financial stability were considered restrictive. It is impossible for an Ohio company to have any experience, since the cultivation was illegal until now. This only opens the door to large organizations, which have been active in other states.  

The financial entry barriers were also considered too high by some applicants, but the authorities replied to this critique. A company should have enough money to mitigate any risks in this industry.

Licensing Fees

The Department of Commerce created two types of applications, depending on the surface that will be cultivated. These were named Level I, corresponding to a surface up to 25,000 square feet, and Level II, which goes up to 3,000 square feet.

The fees proposed are proportional to the surfaces and are non-refundable, as follows:

• Level I: An application fee of $20,000, an initial licensing fee of $180,000, and an annual license renewal of $200,000.
• Level II: An application fee of $2,000, an initial licensing fee of $18,000, and an annual license renewal of $20,000;

A large producer should expect to spend $200,000 per year just for licensing, while a small one should put aside $20,000 (10).

How Many Cultivators Will Be Licensed

The Department of Commerce decided to allow up to 12 Level I and 12 Level II licenses. The deadline for awarding these licenses is September 9, 2018.

Having a dozen players for each level is expected to promote healthy economic competition and ensure a continuous supply for patients, even if some of the businesses won’t thrive in the long run.

The future selection process was described as fair and impartial. Particular attention will be given to applicants coming from disadvantaged groups, without skipping the financial requirements.

2. Processing

After the plants are harvested, they are sent off to processing centers which either package them directly or create one of the many products previously described. These facilities are also responsible for following strict rules regarding packaging, labeling, testing and ensuring quality, before distributing the merchandise to a licensed dispensary.

The processing unit must closely track their suppliers and testers, as each final product is required to have the producer’s and the testing laboratory’s IDs on the label as a stamp of quality.

 Licensing Fees

While a big producer is expected to have $200,000 per year to ensure license fees, a processor gets away with half of that money. The application fee is $10,000, and the operation fee is $90,000. In each subsequent year, the processor needs to have ready another $100,000 to continue to remain in business (11). The law makes no distinction between the size of the processors, offering an advantage to larger companies.

How Many Processors Will Be Licensed

Currently, the Department of Commerce is ready to license up to 40 processors with provisional licenses. The successful applicants will need to have the minimum accepted scores for each qualifying category and the highest total score overall. The rules forbid creating monopoly situations or holding interests in more than one of the companies that are named processors. If the initial applicants fail to perform their duties as expected, new applicants could be added at a later date (12).

3. Testing

Until the program becomes fully operational and additional information is collected, the testing dimension will only be performed by higher education institutions. This situation will continue for the first year to help lawmakers understand what the best requirements are. Commercial organizations that want to offer their services should be ready to fulfill these requirements.

Who Can Operate

Until September 2018, only public higher education institutions from Ohio will be granted provisory licenses. Starting next year, qualified testing labs will also be able to request testing permits and probably go through an application and selection process, as well.

The members of the board of the institution applying as a test lab should not be stakeholders in any of the companies producing medical marijuana, the processing systems, or the dispensaries to avoid a conflict of interest. Even after getting the license, the laboratory is not able to operate until it has passed a pre-operation inspection (13).

Licensing Fees

The non-refundable fee for testing labs is $2,000 and must be paid before submitting the application. If granted the license, the institution must pay an additional $18,000 for the certification of operation and $20,000 as an annual renewal fee (14).

How Many Testing Labs Will Be Licensed

The law does not limit the number of testing facilities, but it defines clear rules regarding their financial status and requires a comprehensive application file. Documentation asks for proof related to the ability and knowledge of conducting the necessary tests. Additionally, there are several other must-haves, including the non-refundable application fee, a business plan, a financial plan, and various other information.

4. Dispensaries

Since these facilities sell marijuana-based products that are illegal under federal law, it is prohibited to have a dispensary within less than 500 meters of schools, churches, playgrounds or public institutions. Cities will also be allowed to have additional provisions related to the location of dispensaries to avoid any inconvenience to citizens.

Licensing Fees

As is the case with producers, processors, and testing labs, the dispensaries have to pay application fees (non-refundable $5,000), licensing fees ($70,000) and the biennial renewal fee, which is also $70,000.

In the case of dispensaries, there are also costs associated with employees:

• A $500 application fee for a dispensary associated key employee, including an identification card. The biennial renewal fee is also $500.
• A $250 application fee for a dispensary key employee, including an identification card. The biennial renewal fee is also $250.
• A $100 application fee for a dispensary support employee, including an identification card. The biennial renewal fee is also $100.
• The fee for a reissued dispensary certificate of operation or employee identification card is $50 (15).

How Many Dispensaries Will Be Licensed

The initial evaluations estimated a necessity of 60 clinics divided into four areas, as previously described. The Board of Pharmacy retains its right to alter this number based on field evidence, including the geographical distribution, number of registered patients and total population. Every two years there will be a re-evaluation of the necessities. New dispensaries will be granted licenses through a similar process with the first ones to preserve fair competition rules and ensure the highest quality of service for patients.

Conclusion

Ohio is cautiously getting in line with the other 28 states, which have legalized medical marijuana (16). The process is long and is considered by both patients and stakeholders to be unnecessarily complicated and expensive. However, it is all done in good faith to provide those in need with high-quality products and prevent abuse of the substance.

There are still a lot of application norms that need to be determined and steps to be completed in the production, processing, testing and distribution of medical marijuana. At this moment, potential patients and doctors are frustrated because they don’t have a clear timeline of the process. It remains to be seen if all of the details will be in place by September 8, 2018, when the program is expected to be operational.

Patients suffering from qualifying conditions will be able to use medical marijuana, as soon as they obtain a recommendation letter from a certified doctor. Nobody will be allowed to grow their own marijuana, and the total amount distributed to patients will be under strict legal control. Producers will be selected from companies with sufficient experience and financial power to offer quality and withstand economic difficulties. As a new market, both opportunities and risks are significant for companies looking to expand in Ohio.

The population of Ohio accepted this change as a solidarity measure to those in need, but mostly as a promise of wealth from taxes and new investments, which translates into more jobs. The authorities promised that this program will be under tight control and will not degenerate into substance abuse or drug-related problems. It is a great leap forward, but to serve the target population, the authorities should be more transparent and accelerate decision making.  Let us know if you believe that this decision will bring pain relief and comfort to patients or is just a way of inviting crime in your backyard?

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