Medical Marijuana

Are you a patient whose physician has recommended medical marijuana?

Are you a physician who is concerned about recommending medical marijuana?

Are you a potential cannabis business?

If you intend to produce, recommend or consume medical marijuana in Ohio, you need the advice of an experienced, knowledgeable attorney. Ohio’s medical marijuana laws are among the strictest in the nation.

At Malarcik Pierce Munyer Will, regardless of whether you are a physician, a patient, or a cannabis business, we will help you navigate the system so that you do not waste time or money, or place your license at risk. The law on medical marijuana in Ohio is evolving, but our experience with Ohio Liquor Control law is a helpful starting point.

Ohio’s Medical Marijuana law, HB 523, became effective September 8, 2016. Among its many requirements:

• The law limits the use of medical marijuana to patients with specific “qualifying” medical conditions.
• The medical marijuana must be consumed in specific forms, which do not include inhaled or smoked varieties.
• The medical marijuana must be recommended by a physician who has a bona fide physician-patient relationship with the patient.
• The recommendation by the physician must be in writing.

Although approved suppliers will not be fully operational until September 2018, physicians have “safe harbor” to recommend medical marijuana in the interim, so long as they comply with certain conditions set forth in the law. Consumers of medical marijuana may defend themselves against unauthorized use by showing that the requirements, above, were met.

Cannabis businesses face another set of hurdles, including zoning limitations passed by local communities. There are a limited number of licenses available and the application requirements are strict and specific. The state of Ohio will begin issuing licenses in 2017 for

• Cultivation Facilities (growers): June 2017
• Processors: September 2017
• Marijuana Testing Facilities: September 2017
• Dispensaries: September 2017

The timely acquisition of a medical marijuana license, whether for cultivation, processing, testing, or dispensing is a complicated process. Trying to navigate the maze of regulations and restrictions without an expert guide may result in the loss of a business opportunity, in addition to wasting time and money. Malarcik Pierce Munyer Will can also help you set up your business, as well.

As a physician, you will want to understand the requirements for recommending medical marijuana so that you do not place your DEA license at risk, nor run afoul of the state licensing board.

As a patient, you will want to understand how you may legally consume medical marijuana and defend yourself if you are unfairly charged with improper possession or consumption.

The experienced and knowledgeable team of lawyers at Malarcik Pierce Munyer Will will advise you regarding the law, guide you through the process and defend you if necessary. You can proceed with confidence, with our experts at your side.

Call us today: (330) 253-0785.

Our offices are located in downtown Akron, at 121 S. Main St., Ste. 520. We serve clients throughout Northeast Ohio, including Cleveland, Akron, Canton, Youngstown, and the surrounding areas.