January 21, 2012

The Ohio Medical Cannabis Act Of 2012

January 21, 2012
ohio medical cannabis act

ohio medical cannabis actThe Ohio Medical Cannabis Amendment 2012

Article XV: Section 12. Medical Cannabis. Section 1. Rights.

In accordance with Article 1: Bill of Rights, Section 1 of the Constitution of the State of Ohio:

(A) Residents of the State of Ohio, who have attained the age of majority and who are diagnosed with a debilitating medical condition, shall be eligible residents for the purpose of using medical Cannabis, also known as medical marihuana or medical marijuana, to alleviate their suffering.

(B) Eligible residents shall have the right to use medical Cannabis to alleviate their suffering and to possess an amount of medical Cannabis sufficient to meet their medical needs.

(C) Eligible residents shall have the right to be free of discrimination and interference from the State of Ohio with regard to their use of medical Cannabis.

(D) Eligible residents shall have the right to privacy and confidentiality with respect to their use of medical Cannabis, including but not limited to any records kept by the State pertaining to such use.

(E) Eligible residents shall have the right to produce their own medical Cannabis, and to acquire medical Cannabis sufficient to alleviate their suffering from state-licensed providers without fear of arrest, prosecution or undue interference by the state.

(F) Eligible residents shall have the right to access goods and services to enable their use of medical Cannabis.

(G) Within the State of Ohio, it shall be a legal right for individuals or organizations, deemed eligible by the Ohio Commission of Cannabis Control, to grow, process, distribute, transport, purchase or sell medical Cannabis in its various forms to eligible residents according to rules and regulations as established by the Ohio Commission of Cannabis Control.

(H) The State of Ohio shall support, uphold and defend these rights.

Section 2. Limitations.

(A) Nothing in this Amendment requires the use of Cannabis as a medical treatment.

(B) Nothing in this Amendment shall prohibit the reasonable regulation and control of the commercial production and distribution of medical Cannabis by the Ohio Commission of Cannabis Control as set forth in Section 3.

(C) Nothing in this Amendment shall prohibit the sale of medical Cannabis to eligible residents, nor prevent research or educational institutions from studying the medicinal properties of medical Cannabis; nor prohibit the reasonable application of fines or fees pursuant to the regulation and control of medical Cannabis within the State in accordance with Section 4. The sale of Cannabis is sale of tangible personal property for purposes of collection of State and local sales taxes.

(D) Debilitating medical conditions include, but are not limited to the following: glaucoma; multiple congenital cartilaginous exostosis; multiple sclerosis; nail-patella syndrome; positive status for human immunodeficiency virus and acquiredimmune deficiency syndrome (HIV/AIDS); Alzheimer’s disease; amyotrophic lateral sclerosis; cancer; celiac disease; Crohn’s disease; hepatitis C; mylomalacia; post traumatic stress; rheumatoid arthritis; sickle cell anemia; injury or disease to the spinal cord, spinal column, or vertebra; Tourette’s syndrome; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe or chronic nausea, seizures, including those characteristic of epilepsy, or severe or persistent muscle spasms; and any additional medical condition or its treatment that may be designated by the Commission or set forth by the General Assembly pursuant to Section 3.

(E) Nothing in this Amendment authorizes any person to engage in, and does not prohibit the imposition of civil, criminal or other penalties for undertaking any task under the influence of Cannabis, when doing so would constitute negligence or professional malpractice; or to operate, navigate or be in actual physical control of any motorized conveyance while under the influence of Cannabis.

(F) An eligible resident shall not be considered to be under the influence of medical Cannabis solely because of the presence of active or inactive metabolites of Cannabis in the eligible resident’s urine, blood, tissue, hair or skin or as detectable by any other measure of body chemistry. The legal definition of impairment as a result of medical Cannabis use and applicable testing to determine such impairment shall be based on scientific evidence of impairment.

(G) The possession of drug paraphernalia used by an eligible resident to consume, possess or store medical Cannabis shall not be grounds for arrest or prosecution of the eligible resident, or of agents who are serving the eligible resident.

Section 3. The Commission.

(A) There is hereby created the Ohio Commission of Cannabis Control, which shall support and uphold the rights enumerated in Section 1; license, regulate and control medical Cannabis in Ohio; and ensure statewide compliance with this Amendment.

(B) The appointments to the Board of the Commission shall total nine members: three members to serve an initial one year term, three members to serve initial two year terms and three members to serve initial three year terms. Three members are to be registered Ohio voters, who shall also be eligible residents after regulations to be established by the Commission are in place; two members are to be licensed practitioners; one member is to be a farmer, who shall be a license or permit holder after implementation of a licensing and permitting system by the Commission; one member is to represent the Ohio Civil Rights Commission; and two members are to be licensed attorneys. Each Commissioner shall be an Ohio resident. No more than four (4) members shall be affiliated with the same political party. Initial appointments to the Commission shall be selected by the Committee to Represent the Petitioners for this Amendment. Succeeding terms of the Commission shall be three years in length and members shall be selected by the Governor and approved by the Senate. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all powers of the Commission.

(C) The Board of the Commission shall be duly constituted and conduct its first official meeting within ninety (90) days of an affirmative vote by the electors of the state. The Commission shall have regulations in place within 270 days of an affirmative vote. Implementation of the licensing and permitting systems created by this Amendment shall take place within 360 days of an affirmative vote.

(D) The Commissioners shall have the authority to enact and amend regulations, recommendations or findings as they pertain to medical Cannabis in accordance with this Amendment, and to the procedures in the Ohio Administrative Procedure Act.

(E) The proposed regulations shall support, uphold and defend the Rights enumerated in Section 1 and shall include provisions for the protection from arrest and prosecution of eligible residents, providers and other entities who provide legal access to medical Cannabis for the benefit of eligible residents. The Commission shall license or authorize other personnel to regulate medical Cannabis within the State.

Section 4. Funding.

(A) The General Assembly shall provide adequate funds to cover the costs of implementing the provisions set forth by this Amendment, based on recommendations set forth by the Commissioners.

(B) Fines, regulatory fees, licensing fees and permit fees shall be determined by the Commission. Fines, regulatory fees, license fees and permit fees shall be based upon anticipated costs and expenses for the necessary operations of the Commission in a manner that shall not be cost prohibitive for eligible residents or providers.

(C) All operating expenses of the Commission shall be funded by the reasonable fees and fines adopted to implement the activities authorized by this Amendment.


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