Physicians

FINAL PHYSICIAN RULES

Physicians Frequently Asked Questions

  • How can a patient obtain a recommendation for medical marijuana in the state of Ohio?

    The federal government prohibits doctors from being able to prescribe marijuana. Instead, patients must have a recommendation from a certified physician. Physicians interested in recommending the use of medical marijuana for patients must apply for a certificate to recommend from the State Medical Board of Ohio. At this time, the State Medical Board of Ohio is on track to start issuing certificates to recommend in Spring 2018. This will be an online process managed through the state’s eLicense portal. Additional instructions will be posted on medicalmarijuana.ohio.gov once the certification process is put in place.

  • What rules are the Medical Board working on related to the Ohio Medical Marijuana Control Program?

    All of the Medical Board rules are now available online. http://codes.ohio.gov/oac/4731-32 House Bill 523 authorized the State Medical Board of Ohio to adopt rules for the following:

    • The procedures that a physician must follow when applying for a certificate to recommend;
    • The conditions that must be met to be eligible for a certificate to recommend;
    • The schedule and procedures for renewing a certificate to recommend;
    • The reasons for which a certificate to recommend may be suspended or revoked;
    • The standards under which a certificate to recommend suspension may be lifted; and,
    • The minimal standards of care when recommending treatment with medical marijuana.
  • WHAT ARE THE REQUIREMENTS FOR DOCTORS WANTING A CERTIFICATE TO RECOMMEND?

    Applicants must hold an active, unrestricted MD or DO license from the State Medical Board of Ohio. Additionally, applicants will need to complete at least two hours of continuing medical education that will assist in diagnosing qualifying conditions, treating those conditions with medical marijuana and possible drug interactions. Full requirements for a certificate to recommend outlined in Ohio Administrative Code 4731-32-02.

  • WHERE CAN A PHYSICIAN FIND THE QUALIFYING CME TRAINING?

    Only medical marijuana CMEs approved by the Ohio State Medical Association and the Ohio Osteopathic Association meet the requirements for a certificate to recommend. OSMA has posted information on its website; OOA will be sharing additional information soon.

  • IS AFFIRMATIVE DEFENSE STILL APPLICABLE NOW THAT THE MEDICAL BOARD HAS FINALIZED THEIR MEDICAL MARIJUANA RULES?

    As a way to protect patients and parents or guardians of minor patients who seek to use marijuana prior to the creation and implementation of all the administrative rules necessary to run the Ohio Medical Marijuana Control Program, HB 523 created an affirmative defense for certain marijuana-related crimes. According to the law, a patient, parent, or guardian can only raise an affirmative defense if they have, among other requirements, received a written recommendation from his or her doctor that certifies a certain number of criteria are met. The Board recommends that physicians consult with their private legal counsel and/or employer for interpretation of the legislation.

    The affirmative defense established by HB 523 may be raised only for conduct occurring on or after the effective date of the legislation, but no later than sixty days after the date the State Board of Pharmacy begins accepting applications for patient registration pursuant to Ohio Revised Code 3796.08.

  • WHAT ARE THE QUALIFYING MEDICAL CONDITIONS THAT MAY BE TREATED WITH MEDICAL MARIJUANA?

    Certified physicians may recommend medical marijuana only for the treatment of a qualifying medical condition. Under Ohio law, all of the following are qualifying medical conditions: 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, and ulcerative colitis.

  • HOW CAN NEW QUALIFYING MEDICAL CONDITIONS BE ADDED?

    The State Medical Board of Ohio established Nov. 1, 2018 – Dec. 31, 2018 as the first submission period for petitions to add a qualifying medical condition to the Medical Marijuana Control Program. PETITIONS WILL BE ACCEPTED BEFORE NOV. 1, 2018. During the submission period next fall, all petitions should be filed electronically through the State’s website, medicalmarijuana.ohio.gov. A petition needs to include:

    • The name and contact information
    • Specific disease or condition requested to be added
    • Information from experts who specialize in the study of the disease or condition
    • Relevant medical or scientific evidence
    • Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition
    • Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation
    • Letters of support provided by physicians

    Under Ohio law, all of the following are already identified as qualifying medical conditions: 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, and ulcerative colitis.

  • WILL MEDICAL MARIJUANA BE AVAILABLE TO MINORS?

    Yes. However, a physician holding an active certificate to recommend may recommend treatment with medical marijuana only after obtaining the consent of a parent or another person responsible for providing consent to treatment.

  • MAY A LICENSEE OF THE MEDICAL BOARD ADMINISTER, DISPENSE, UTILIZE, OR TOPICALLY APPLY PRODUCTS CONTAINING MEDICAL MARIJUANA IN THE COURSE OF TREATMENT OF A PATIENT?

    No. Ohio law does not authorize any Medical Board licensee to possess medical marijuana in the course of his or her practice. This includes the application of massage oils and creams containing cannabinoids, including THC or CBD.

IMPORTANT DATES

Please note: The dates listed in this section reflect those specified in the law and are for informational purposes only. Rule adoption and program implementation may occur earlier than the dates specified.

Effective date of Ohio House Bill 523. HB 523 establishes the basic framework for Ohio’s Medical Marijuana Control Program.

8Sep2016

Ohio law requires the State Medical Board of Ohio to adopt rules for physicians certified to recommend medical marijuana by this date.

8Sep2017

State licensure, registration, and certification required for Ohio’s Medical Marijuana Control Program are operational. Ohio law requires the Ohio Medical Marijuana Control Program to be fully operational by this date.

8Sep2018