Ohio’s Medical Marijuana Laws and Workplace Drug Policies Understanding Ohio’s Medical Marijuana Laws and Workplace Drug Policies On time and on budget Presented by: Elizabeth A. Crosby crosby@buckleyking.com www.buckleyking.com

Understanding Ohio’s Medical Marijuana & Drug Laws The Federal Drug Free Workplace Act of 1988 and Ohio’s Drug Free Workplace Policy HR39 pertain to federal and state employees or employers who work with or under federal or state contracts. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws The Federal Drug Free Workplace Act of 1988 and Ohio’s Drug Free Workplace Policy HR39 pertain to federal and state employees or employers who work with or under federal or state contracts. Private industry is not required to adopt drug free workplace policies, although certain activities may be governed by state or federal laws. Ex: DOT On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws The Ohio Fair Employment Practice Law prohibits employment discrimination on the basis of race, color, religion, national origin, disability, age, ancestry, and sex (OH Rev. Code Sec. 4112.01). Although drug addiction and alcoholism can sometimes be classified as a disability, the law states that an employer is entitled to: On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws OH Rev. Code Sec. 4112.01 states that an employer is entitled to: • Prohibit the illegal use of drugs and the use of alcohol in the workplace by employees. • Require that employees not be under the influence of drugs or alcohol while at work. • Hold an employee who engages in the illegal use of drugs or the use of alcohol to the same qualification standards for employment or job performance to which the employer holds other employees, even if any unsatisfactory performance or behavior is related to the employee's alcoholism or illegal use of a controlled substance. • Implement a drug-testing program. The law specifically exempts current drug users from its protection. However, On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws However OH Rev. Code Sec. 4112.01 protects, as disabled, individuals who: • Have successfully completed a supervised drug rehabilitation program and are no longer illegally using any controlled substance, or have completed other successful rehabilitation and are no longer engaged in that illegal use • Have participated in a supervised drug rehabilitation program and are no longer engaged in the illegal use of any controlled substance • Are erroneously regarded as engaging in the illegal use of any controlled substance On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws The federal government considers marijuana a “controlled substance” Controlled Substances Act (CSA) (21 U.S.C. § 811). It does not recognize the difference between medical and recreational use of cannabis. On time and on budget

On time and on budget The DEA lists marijuana as a Schedule I drug: Understanding Ohio’s Medical Marijuana & Drug Laws The DEA lists marijuana as a Schedule I drug: Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin lysergic acid diethylamide (LSD) marijuana (cannabis) 3,4-methylenedioxymethamphetamine (ecstasy) methaqualone peyote On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Ohio lists marijuana as a controlled substance: ORC 3719.01 On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws In September 2016 the Ohio Legislature passed a bill that legalized the use of marijuana for medical purposes: OAC 3796.01-1: “Medical marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose. On time and on budget

Why? On time and on budget Understanding Ohio’s Medical Marijuana & Drug Laws Why? On time and on budget

HISTORICAL PERSPECTIVE Understanding Ohio’s Medical Marijuana & Drug Laws HISTORICAL PERSPECTIVE On time and on budget

POST MEXICAN REVOLUTION Understanding Ohio’s Medical Marijuana & Drug Laws POST MEXICAN REVOLUTION On time and on budget

On time and on budget 1930 Relevant Events Understanding Ohio’s Medical Marijuana & Drug Laws Relevant Events Between 1915 and 1927 10 states pass Marijuana prohibition laws 1918 U.S. becomes self-sufficient in the production of marijuana, producing over 60,000 pounds east of the Mississippi annually 1925 League of Nations signs treaty restricting cannabis to scientific and medical research U.K. adds cannabis to list of “Dangerous Drugs” Eli Lily and Parke-Davis sell cannabis as anti-spasmodic and analgesic On time and on budget 1930 ANSLINGER appointed first “drug czar.” His two primary assertions: the drug caused insanity; it pushed people toward horrendous acts of criminality.

\ Medical Marijuana On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws 1937 First Marijuana Seller Convicted under US Federal Law Is Arrested 1938 Canada Prohibits Cannabis Cultivation 1942 Marijuana Removed from US Pharmacopeia April 8, 1968 President Lyndon Johnson creates Bureau of Narcotics and Dangerous Drugs. 1970 Controlled Substances Act Passed. Classifies Marijuana as a Drug with "No Accepted Medical Use". 1937 American Medical Association Opposes the Proposed Marijuana Tax Act and Supports Research on Medical Cannabis Marijuana Tax Act maintained the right to use marijuana for medicinal purposes but required physicians and pharmacists who prescribed or dispensed marijuana to register with federal authorities and pay an annual tax or license fee. 1938-1944 LaGuardia Report concludes that Reports of Marijuana Dangers were either Untrue or Grossly Exaggerated. 1968 University of Mississippi Becomes Official Grower of Marijuana for Federal Government. On time and on budget

1974 New Mexico Approves Medical Marijuana Understanding Ohio’s Medical Marijuana & Drug Laws 1974 New Mexico Approves Medical Marijuana On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Scientists Discover Cannabinoid Receptors. The discovery helps scientists understand the pharmacological effects of cannabinoids, which occur when the THC in marijuana binds with the cannabinoid receptors in the brain. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Marijuana is PSYCHOACTIVE. It CHANGES how the brain works On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Marijuana is PSYCHOACTIVE. It CHANGES how the brain works. Specifically it affects and is attracted to CANNABINOID RECEPTORS which are located in several parts of the brain. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Cannabinoid receptors are activated by cannabinoids, generated naturally inside the body (endocannabinoids) or introduced into the body externally as cannabis or a related synthetic compound. when people smoke marijuana, they experience sedation On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws There are over 400 known chemicals in marijuana. The 2 main chemicals are cannabidiol and THC. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Science believes that these two chemicals work together to produce what is known as an ENTOURAGE EFFECT. On time and on budget

On time and on budget ENTOURAGE EFFECT Understanding Ohio’s Medical Marijuana & Drug Laws ENTOURAGE EFFECT Findings suggest that not all cannabis users experience adverse brain and behavioural outcomes as cannabinoid compounds such as CBD may have a role in minimizing harm. Indeed, previous reports have suggested that CBD may ameliorate psychotic and adverse cognitive effects of THC. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings CBD actually BOOSTS anandimide – the naturally occurring endocannibinoid in the body responsible for pleasure, reward, appetite, ovulation, memory, sleep and pain, by BLOCKING the fatty acid that breaks down anandimide. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings THC and CBD are powerful antioxidents that have a neuroprotective effect on the brain On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings Cannabidiol has anti-inflammatory properties, antioxidant and immunosuppressant qualities. On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings THC-like compounds made by the body increase the permeability of the intestines, allowing bacteria in. The plant-derived cannabinoids in marijuana block these body-cannabinoids, preventing this permeability and making the intestinal cells bond together tighter. On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings EPILEPSY Cannabinoids control seizures by binding to the brain cells responsible for controlling excitability and regulating relaxation. On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings SLOW PROGRESSION OF ALZHEIMERS The 2006 study, published in the journal Molecular Pharmaceutics, found that THC, the active chemical in marijuana, slows the formation of amyloid plaques by blocking the enzyme in the brain that makes them. These plaques are what kill brain cells and cause Alzheimer's. On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws Therapeutic Findings CONTROLS CANCER METASTASES A 2007 report from the California Pacific Medical Center in San Francisco found that cannabidiol “turned off” the gene called Id-1. There were suggestions from these researchers that cannabis derivatives could even kill cancer cells. On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws INFLAMMATORY BOWEL DISEASE Crohn’s Disease / Ulcerative Colitis THC-like compounds made by the body increase the permeability of the intestines, allowing bacteria in. The plant-derived cannabinoids in marijuana block these body-cannabinoids, preventing this permeability and making the intestinal cells bond together tighter. Therapeutic Findings On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws PARKINSON’S DISEASES Recent research from Israel shows that smoking marijuana significantly reduced pain and tremors and improves sleep for Parkinson's disease patients. Particularly impressive was the improved fine motor skills among patients. Therapeutic Findings On time and on budget

On time and on budget Therapeutic Findings Understanding Ohio’s Medical Marijuana & Drug Laws STROKE, CONCUSSION, TBI Research from the University of Nottingham shows that marijuana may help protect the brain from damage caused by stroke, by reducing the size of the area affected by the stroke . In mice, marijuana lessened the bruising of the brain and helped with healing mechanisms after a traumatic injury. Therapeutic Findings On time and on budget

33 STATES HAVE LEGALIZED THE MEDICAL USE OF MARIJUANA Understanding Ohio’s Medical Marijuana & Drug Laws 33 STATES HAVE LEGALIZED THE MEDICAL USE OF MARIJUANA On time and on budget

OHIO LAW On time and on budget Understanding Ohio’s Medical Marijuana & Drug Laws OHIO LAW On time and on budget

On time and on budget OHIO LAW Ohio Revised Code §3796 Understanding Ohio’s Medical Marijuana & Drug Laws OHIO LAW Ohio Revised Code §3796 3796.22 Rights of registered patient. (A) Notwithstanding any conflicting provision of the Revised Code, a patient registered under this chapter who obtains medical marijuana from a retail dispensary licensed under this chapter may do both of the following: (1) Use medical marijuana; (2) Possess medical marijuana, subject to division (B) of this section; (3) Possess any paraphernalia or accessories specified in rules adopted under section 3796.04 of the Revised Code. (B) The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.04 of the Revised Code. On time and on budget

On time and on budget OHIO LAW Ohio Revised Code §3796 Understanding Ohio’s Medical Marijuana & Drug Laws OHIO LAW Ohio Revised Code §3796 3796.22 Rights of registered patient. (C) A registered patient shall not be subject to arrest or criminal prosecution for doing any of the following in accordance with this chapter: (1) Obtaining, using, or possessing medical marijuana; (2) Possessing any paraphernalia or accessories specified in rules adopted under section 3796.04 of the Revise Code. (D) This section does not authorize a registered patient to operate a vehicle, streetcar, trackless trolley, watercraft. or aircraft while under the influence of medical marijuana. On time and on budget

"Qualifying medical condition" means any of the following: Understanding Ohio’s Medical Marijuana & Drug Laws ORC 3796.01(A)(6) "Qualifying medical condition" means any of the following: (a) Acquired immune deficiency syndrome; (b) Alzheimer's disease; (c) Amyotrophic lateral sclerosis; (d) Cancer; (e) Chronic traumatic encephalopathy; (f) Crohn's disease; (g) Epilepsy or another seizure disorder; (h) Fibromyalgia; (i) Glaucoma; (j) Hepatitis C; (k) Inflammatory bowel disease; (l) Multiple sclerosis; (m) Pain that is either of the following: (i) Chronic and severe; (ii) Intractable. (n) Parkinson's disease; (o) Positive status for HIV; (p) Post-traumatic stress disorder; (q) Sickle cell anemia; (r) Spinal cord disease or injury; (s) Tourette's syndrome; (t) Traumatic brain injury; (u) Ulcerative colitis OHIO LAW Ohio Revised Code §3796 WHO IS ELIGIBLE TO BE A ‘REGISTERED PATIENT’? On time and on budget

OHIO LAW Ohio Revised Code §3796 What MUST a ‘REGISTERED PATIENT’ do? Understanding Ohio’s Medical Marijuana & Drug Laws 3796.08 Registration. (A)(1) A patient seeking to use medical marijuana or a caregiver seeking to assist a patient in the use or administration of medical marijuana shall apply to the state board of pharmacy for registration. The physician who holds a certificate to RECOMMEND issued by the state medical board and is treating the patient or the physician's delegate shall submit the application on the patient's or caregiver's behalf in the manner established in rules adopted under section 3796.04 of the Revised Code. Information collected by the board pursuant to this section is confidential and not a public record. The board may share identifying information with a licensed retail dispensary for the purpose of confirming that a person has a valid registration. Information that does not identify a person may be released in summary, statistical, or aggregate form. . OHIO LAW Ohio Revised Code §3796 What MUST a ‘REGISTERED PATIENT’ do? On time and on budget

OHIO LAW Ohio Revised Code §3796 What Does The Registration Request? Understanding Ohio’s Medical Marijuana & Drug Laws 3796.08 Registration. (2) The application shall include all of the following: (a) A statement from the physician certifying all of the following: (i) That a bona fide physician-patient relationship exists between the physician and patient; (ii) That the patient has been diagnosed with a qualifying medical condition; (iii) That the physician or physician delegate has requested from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the report; (iv) That the physician has informed the patient of the risks and benefits of medical marijuana as it pertains to the patient's qualifying medical condition and medical history (b) In the case of an application submitted on behalf of a patient, the name or names of the one or more caregivers that will assist the patient in the use or administration of medical marijuana; OHIO LAW Ohio Revised Code §3796 What Does The Registration Request? On time and on budget

OHIO LAW Ohio Revised Code §3796 What Does The Registration Request? Understanding Ohio’s Medical Marijuana & Drug Laws 3796.08 Registration. (3) If the application is complete and meets the requirements established in rules, the board shall register the patient or caregiver and issue to the patient or caregiver an identification card. (B) The board shall not make public any information reported to or collected by the board under this section that identifies or would tend to identify any specific patient. OHIO LAW Ohio Revised Code §3796 What Does The Registration Request? On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws The Department of Commerce (1) The department of commerce may do any of the following for any reason specified in rules adopted under section 3796.03 of the Revised Code: (a) Suspend, suspend without prior hearing, revoke, or refuse to renew a license it issued under this chapter; (b) Refuse to issue a license; (c) Impose on a license holder a civil penalty in an amount to be determined by the department. (2) The department may inspect the premises of an applicant for licensure or holder of a current, valid cultivator, processor, or laboratory license issued under this chapter without prior notice to the applicant or license holder. OHIO LAW Ohio Revised Code §3796 WHO has OVERSIGHT? On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws 3796.14(B). The State Board of Pharmacy (1) The state board of pharmacy may do any of the following for any reason specified in rules adopted under section 3796.04 of the Revised Code: (a) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or registration it issued under this chapter; (b) Refuse to issue a license; (c) Impose on a license holder a civil penalty in an amount to be determined by the board. (2) The board may inspect all of the following without prior notice to the applicant or license holder: (a) The premises of an applicant for licensure; (b) The premises of and all records maintained pursuant to this chapter by a holder of a current, valid retail dispensary license. OHIO LAW Ohio Revised Code §3796 WHO has OVERSIGHT? On time and on budget

RIGHTS OF EMPLOYERS On time and on budget Understanding Ohio’s Medical Marijuana & Drug Laws OHIO LAW Ohio Revised Code §3796 RIGHTS OF EMPLOYERS On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (1) Requires an employer to permit or accommodate an employee's use, possession, or distribution of medical marijuana; On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (2) Prohibits an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's use, possession, or distribution of medical marijuana; On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (3) Prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy; On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (4) Interferes with any federal restrictions on employment, including the regulations adopted by the United States department of transportation in Title 49 of the Code of Federal Regulations, as amended; On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (5) Permits a person to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to medical marijuana; On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (A) Nothing in this chapter does any of the following: (6) Affects the authority of the administrator of workers' compensation to grant rebates or discounts on premium rates to employers that participate in a drug-free workplace program established in accordance with rules adopted by the administrator under Chapter 4123. of the Revised Code. On time and on budget

Understanding Ohio’s Medical Marijuana & Drug Laws RIGHTS OF EMPLOYERS Ohio Revised Code §3796.28 (B) A person who is discharged from employment because of that person's use of medical marijuana shall be considered to have been discharged for just cause for purposes of division (D) of section 4141.29 of the Revised Code if the person's use of medical marijuana was in violation of an employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana. On time and on budget

SUMMARY On time and on budget Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance Ohio’s medical marijuana laws do not change its status under Federal Law as a Schedule I substance On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance Ohio’s medical marijuana laws do not change its status under Federal Law as a Schedule I substance Ohio’s Medical Marijuana laws ONLY protect a registered individual in possession of Medical Marijuana from criminal prosecution for possession On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance Ohio’s medical marijuana laws do not change its status under Federal Law as a Schedule I substance Ohio’s Medical Marijuana laws ONLY protect a registered individual in possession of Medical Marijuana from criminal prosecution for possession Ohio’s Medical Marijuana laws limit its use to 21 conditions On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance Ohio’s medical marijuana laws do not change its status under Federal Law as a Schedule I substance Ohio’s Medical Marijuana laws ONLY protect a registered individual in possession of Medical Marijuana from criminal prosecution for possession Ohio’s Medical Marijuana laws limit its use to 21 conditions Ohio’s Medical Marijuana laws prohibit smoking marijuana On time and on budget

On time and on budget SUMMARY Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY Marijuana is controlled substance under Federal Law and is identified as a SCHEDULE I dangerous drug with no known therapeutic benefits Ohio lists marijuana as a controlled substance Ohio’s medical marijuana laws do not change its status under Federal Law as a Schedule I substance Ohio’s Medical Marijuana laws ONLY protect a registered individual in possession of Medical Marijuana from criminal prosecution for possession Ohio’s Medical Marijuana laws limit its use to 21 conditions Ohio’s Medical Marijuana laws prohibit smoking marijuana NOTHING IN THE OHIO STATUTE PROHIBITS AN EMPLOYER FROM DEVELOPING AND IMPLEMENTING A WORKPLACE FREE OF DRUGS, INCLUDING MEDICAL MARIJUANA On time and on budget

For More Information or Assistance, contact: Understanding Ohio’s Medical Marijuana & Drug Laws SUMMARY There is medical evidence to suggest that marijuana may have therapeutic benefits for some individuals with some medical conditions Research on the medical benefits of marijuana is ongoing Employers desiring to consider modifications to their current drug policies should consult with legal counsel and substance abuse specialists adb For More Information or Assistance, contact: Elizabeth Crosby Buckley King 216.685.4752 On time and on budget