Ohio Physicians have a Green Light to Recommend Medical Marijuana

 

The Medical Board of Ohio has finally recognized a fundamental truth about Ohio Physicians' ability to make recommendations for medical marijuana. This development came at their monthly board meeting forty days after HB523 - The Medical Marijuana Control Program became law here in Ohio.

Below is a direct quote from the chairman of the Medical Board at the 10/19/16 meeting:

"The Medical Board is in no way prohibiting the recommendation of medical marijuana now that HB523 is effective.”

The Ohio Patient Network has developed an interim recommendation form for patients to use during the discussion with their physician. The recommendation form is in compliance with Ohio’s Medical Marijuana Control Program passed by the 131st General Assembly in HB523/Section 6. Note: this recommendation is valid until sixty days after the date the Ohio State Board of Pharmacy begins accepting applications for registration pursuant to section 3796.08 of the Revised Code or September 9, 2017 whichever comes first.

Ohio Patient Network recognizes that not every physicians will be willing yet to make a recommendation. But the law is very clear, if physicians are acting in good faith and working for the patient best health in a bona-fide relationship, there is no concern from the state medical board subjecting them to displenary action for making a recommendation.  HB523 clearly says the following and is now law, as written in Ohio Revised Code:4731.30 Section H.

(H) A physician is immune from civil liability, is not subject to professional disciplinary action by the state medical board or state board of pharmacy, and is not subject to criminal prosecution for any of the following actions:

(1) Advising a patient, patient representative, or caregiver about the benefits and risks of medical marijuana to treat a qualifying medical condition:

(2) Recommending that a patient use medical marijuana to treat or alleviate the condition:

(3) Monitoring a patient's treatment with medical marijuana.

See our article for suggestions about talking to your physician about a recommendation for medical marijuana, and please keep us informed via our email on your sucess or failure to get a recommendation.

Ohio Patients Need to be Heard

Ohio Patient Network made our opinions known regarding the appointments to the Medical Marijuana Advisory Committee publicly and directly to Ohio Government officials regarding the make up of the appointments. We see a board that is woefully under represents patients and over represents opponents like Marcie Seidel and Tony Coder of Drug Free Action Alliance.

We, in the patient community, deserve to be heard by the Advisory Committee. We will work together as closely as possible with other organization logo’s shown below. The reality is, we need your help. If you feel your voice is not being heard, please use the Google Survey Link and add your name to the list of patients and caregivers to communicate with the statehouse that you don’t feel represented. We’d also like to encourage you to tell your story on social media, post on Ohio Patients Facebook page or send us a letter or video for us to publish, write a letter to the editor and to your representative. But most of all be heard! Take the survey and come to Columbus next Wednesday the 19th at 10:00am to be heard in person at 30 East Broad Street where the Medical Board of Ohio meets.

 

Please use this Google Survey Link, thank you.

Stop telling Ohio's doctor they are not permitted to make a marijuana recommendation

The Ohio Patient Network once again wrote the Medical Board of Ohio regarding their policy statement, prohibiting physicians from making an “approved” recommendation followed by “go talk to your lawyer”.  Today October 17th it was sent to every single member of the board and key staff and members of the Legislative and Executive Branch.

Below is an image of the key takeaway and a link to a copy of the letter.

Ohio Medical Board Stalls Medical Marijuana & patients need to take action

The Medical Board of Ohio (MBO) has issued a statement Friday that Ohio Physician's may not make a written recommendation for medical use of Marijuana. The MBO is undermining the intent and the law as written in HB523/Section 6. The Medical Board kills the rights of patients here in Ohio to have any protection at all from overzealous law enforcement.

We are asking you to contact Governor Kasich (or call his office 614-466-3555) to correct the Medical Board of Ohio position on this matter. 

HB523/Section 6, the affirmative defense, required a physician recommendation. Physician certification was not specified and did not require a physician to be certified by the Medical Board at this point in time.  Per an article in the a Cleveland Newspaper by reporter Jackie Borchardt From Cleveland.com, Senator David Burke, a Marysville Republican who authored Section 6, said Thursday the law was intended to let patients use medical marijuana as soon as it took effect and further guidance from the medical board at this time was unnecessary.
"Willing physicians are in the free and clear," Burke said, noting doctors will have to treat marijuana as a controlled substance under state law. "The affirmative defense was meant to allow for a quick transition for folks who need this product sooner than later."

The legislative intent was to protect patients as soon as the law became effective.  HB523/Section 6 was only a temporary "Bridge" future when Medical Marijuana would become fully operational here in Ohio.  

If your physician willing to stand up to the Medical Board, here is a link to a Medical Marijuana Recommendation form tailored to the requirement of HB523/Section 6.