Policies and Laws Impact on Medical Marijuana in Ohio

(Spring 2018) Even though Jeff Sessions’ recent memo rolls back the laissez-faire approach taken by the Obama administration toward various states’ marijuana legislation, the implementation of Ohio’s new medical marijuana framework (two years in the making) is proceeding as planned.

However, those in the emerging marijuana sector warn that these changes will muddle the legality of growing, selling and purchasing the drug in over half of the nation’s states — even though it is still federally prohibited.

The new DOJ memo puts enforcement into the hands of each district attorney. According to U.S. Attorney Benjamin Glassman, the Southern District of Ohio will not alter the current course on its policies on marijuana and other drug crimes. Glassman says his current priorities are aimed at reducing the use of heroin and opioids and turning the tide on an upswing in cocaine and methamphetamine usage.

Another important piece of legislation shielding the 29 states who have approved medical marijuana from federal law enforcement is a budget rider known as the Rohrabacher-Blumenauer Amendment. Although originally set to expire in January 2018, the rider was renewed for another six months on March 22, 2018.

Discussion for the amendment’s next renewal most likely will involve whether it can be applied to recreational marijuana. Eight states presently have approved marijuana for recreational purposes, and such a proposition may be brought to Ohio voters this fall.

When it comes to cannabis, another sticky issue is gun ownership. Under federal law, anyone who uses marijuana cannot own a gun. Now that Ohio’s medical marijuana program is about to be rolled out, many are questioning the legal implications for those signing up for the program.

Federal law will still be in effect. However, in the Buckeye State, it will be impossible to know if a potential firearm buyer is registered in Ohio’s medical marijuana program. Currently, the program’s registry can only be accessed by approved physicians. However, individuals purchasing a gun from an approved dealer must sign a document stating that he or she does not use marijuana. Falsification is a felony and can result in up to 10 years’ imprisonment.

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