"Medical Marijuana"

Last Tuesday on our “medical marijuana decision” posting, we erroneously included Ohio as one of the states allowing the medical use of marijuana. We thank the Cleveland Law Library for bringing this to our attention.

On August 10, 1995, Am.Sub. S.B. 2 created an affirmative defense for the possession of marijuana for medical use. [§2925.11(I )].
That was subsequently repealed on March 12, 1997, also, ironically, by a Senate Bill 2 [§ 2925 (I)].

Senate Bill 74 now pending up in Columbus, in proposing to again re-establish the affirmative defense for medical uses of marijuana [@ §2925.11 (B)(4)(5)], also would enact the fairly lengthy §3701.148 which includes a “registry identification card issued by the director of health identifying the person as a qualifying patient,” [ §3701.148 (A)(8)] and a “confidential registry of persons who have been issued cards.” [§ 3701.148 (B)(1)].

Supreme Court's Medical Marijuana Decision

The Supreme Court, yesterday, decided that federal authorities could prosecute individuals using marijuana for medicinal purposes even in those states which have legalized the practice—of which Ohio is one. Neither Indiana, nor Kentucky, have medical marijuana legislation.

Gonzales v. Raich, case 03-1454, decided June 6, 2005.

Justice Sandra Day O’Connor, writing in dissent, commented that “The states’ core police powers have always included the authority to define criminal law and protect the health, safety, and welfare of their citizens.” An article posted this morning on Law.Com explores the “states’ rights” connotation which may encourage Congressional action.

H.R. 2087, introduced May 4th. by Rep. Barney Frank of Massachusetts and currently in the House’s subcommittee on Health, proposes “to provide for the medical use of marijuana in accordance with the laws of the various states.”

The medical uses of marijuana have been being discussed for some time. An article appearing in Perspectives on Addictions Nursing in June 1993 provides some background & history for those interested, and a Chicago Tribune article, Sunday, prophetically focused on the “long-smoldering debate over how dangerous the most widely used illegal drug in America really was, and whether it should be the central focus of the nation’s war on drugs.”

Ohio’s current provisions were authorized in August 1995 with the passage of Senate Bill 2, creating an affirmative defense “pursuant to the prior written recommendation of a licensed physician, possessed solely for medicinal purposes.” Senate Bill 74, introduced Feb. 22nd., would further amend Ohio’s medical marijuana law.

Pending Ohio legislation

Some recently introduced bills up in Columbus that might be interesting.....


H.B. 223 (Judgment exemptions).- to increase amount of general homestead exemption from execution, attachment or sale to satisfy judgment; exempt property used as resident by defendant against judgment rendered in civil action on medical, dental, optometric or chiropractic claim & delay enforcement of judgment lien on said property until its sale or transfer.

H.B. 243 (Impact of administrative rules/ Pending legislation).- to require certain state agencies to include in summaries of proposed rules assessment of impact of each rule on family formation, maintenance & well-being; require assessment of impact of proposed legislation on same prior to action being taken by General Assembly.

H.B. 244 (Title insurance).- to require title insurance agents to notify purchasers of availability of owner’s title insurance when issuing lender’s title insurance in conjunction with residential mortgage loans & explain what owner’s title insurance covers; requires title insurance agents to maintain errors & omissions insurance and authorize title insurers to issue settlement protection.