As of 2016, some people are allowed to use marijuana, but they must have medical permission to do so. Ohio’s new medical marijuana law gives patients an affirmative defense against a drug charge if they have a doctor’s note and meet certain criteria.
According to the law, a patient’s doctor must certify in writing a bona fide relationship exists, the patient has 1 of about 20 qualifying conditions, and he or she has discussed the benefits and risks of cannabis use with the patient.
Affirmative defense only protects patients using one of the forms allowed by the law, including edibles, tinctures, oils, patches, and plant material. The law still prohibits smoking marijuana, though it allows vaping.
What’s unhelpful is the law doesn’t indicate where a patient is supposed to acquire the substance legally and doesn’t allow people to grow it on their own. Likewise, bringing marijuana into Ohio is still a federal offense and could lead to prosecution under federal jurisdiction.
The law also grants immunity to doctors from civil liability, criminal prosecution, and discipline from the state medical and pharmacy boards for promoting marijuana use among some patients, which encourages physicians to write the note as a potential prescription.
There are hundreds if not thousands of people in the state of Ohio who are looking at this law positively, hoping cannabis will help alleviate the pain and discomfort of their friends and loved ones. Some conditions that could benefit from cannabis use include the following:
- HIV / AIDS
- Alzheimer’s disease
- Crohn’s disease
- Parkinson’s disease
- Traumatic brain injury
- Chronic pain
If you’ve been charged with marijuana possession, don’t hesitate to call our skilled Akron drug crimes attorneys today. Our firm is dedicated to providing our clients with aggressive, innovative, and client-centric representation. Let us see what we can do for you.
Contact us at (330) 787-9841 or fill out our online form to schedule a free case consultation with us today.