September 8 marks the first day Ohio’s medical marijuana law will be in effect, bringing new protections for qualified medical marijuana patients. Under the law’s “affirmative defense,” patients will no longer be subject to criminal conviction for possessing marijuana if they meet certain requirements. However, protections are limited, and they fall short of providing access to medical cannabis in Ohio, not expected for at least a year.
The affirmative defense provides limited, temporary protections for patients while the formal program rolls out. Among other things, it requires a signed letter from a licensed physician, including information about the patient and the medical condition treated. Importantly, the protections do not apply to cultivation or sale of marijuana. It also does not prevent patients from being cited, it only prevents a conviction. For a closer look at what an affirmative defense is and how patients can get the protections it offers, click here.
September 8 also marks the official start date for agencies to begin writing and adopting rules for medical cannabis businesses. We are watching the process carefully to ensure the system is as workable as possible for patients.