Effective: September 8, 2016
Latest Legislation: House Bill 523 - 131st General Assembly
(A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana.
(B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or primary basis for any of the following:
(1) An adjudication under section 2151.28 of the Revised Code determining that a child is an abused, neglected, or dependent child;
(2) An allocation of parental rights and responsibilities under section 3109.04 of the Revised Code;
(3) A parenting time order under section 3109.051 or 3109.12 of the Revised Code.
(C) Notwithstanding any conflicting provision of the Revised Code, the use or possession of medical marijuana in accordance with this chapter shall not be used as a reason for disqualifying a patient from medical care or from including a patient on a transplant waiting list.
(D) Notwithstanding any conflicting provision of the Revised Code, the use, possession, administration, cultivation, processing, testing, or dispensing of medical marijuana in accordance with this chapter shall not be used as the sole or primary reason for taking action under any criminal or civil statute in the forfeiture or seizure of any property or asset.
(E) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver is not a sufficient basis for conducting a field sobriety test on the person or for suspending the person's driver's license. To conduct any field sobriety test, a law enforcement officer must have an independent, factual basis giving reasonable suspicion that the person is operating a vehicle under the influence of marijuana or with a prohibited concentration of marijuana in the person's whole blood, blood serum, plasma, breath, or urine.
(F) Notwithstanding any conflicting provision of the Revised Code, a person's status as a registered patient or caregiver shall not be used as the sole or primary basis for rejecting the person as a tenant unless the rejection is required by federal law.
(G) This chapter does not do any of the following:
(1) Require a physician to recommend that a patient use medical marijuana to treat a qualifying medical condition;
(2) Permit the use, possession, or administration of medical marijuana other than as authorized by this chapter;
(3) Permit the use, possession, or administration of medical marijuana on federal land located in this state;
(4) Require any public place to accommodate a registered patient's use of medical marijuana;
(5) Prohibit any public place from accommodating a registered patient's use of medical marijuana;
(6) Restrict research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3796 | Medical Marijuana Control Program
Section 3796.01 | Definitions.
Section 3796.02 | Establishment.
Section 3796.021 | Medical Marijuana Advisory Committee.
Section 3796.03 | Adoption of Rules and Standards.
Section 3796.031 | Closed-Loop Payment Processing System.
Section 3796.032 | Applicability to Research and Development Institutions and Organizations.
Section 3796.04 | Adoption of Standards and Procedures by Board of Pharmacy.
Section 3796.05 | Number of Cultivator and Dispensary Licenses; Testing Standards and Procedures.
Section 3796.06 | Forms of Medical Marijuana.
Section 3796.061 | Petition for Form or Method of Use.
Section 3796.07 | Electronic Database.
Section 3796.08 | Registration.
Section 3796.09 | License to Cultivate, Process or Test Medical Marijuana.
Section 3796.10 | Application to Dispense.
Section 3796.11 | Information Provided by Department of Taxation.
Section 3796.12 | Criminal Records Check.
Section 3796.14 | Authority of Department of Commerce.
Section 3796.15 | Enforcement by State Board of Pharmacy.
Section 3796.16 | Reciprocity Agreements.
Section 3796.17 | Toll-Free Telephone Line.
Section 3796.18 | Cultivator License.
Section 3796.19 | Processor License.
Section 3796.20 | Dispensary License.
Section 3796.21 | Rights of Current Laboratory License Holders.
Section 3796.22 | Rights of Registered Patient.
Section 3796.23 | Rights of Caregiver.
Section 3796.27 | Financial Institutions.
Section 3796.28 | Rights of Employer.
Section 3796.30 | Activities Prohibited Near Schools, Churches, Libraries, Playgrounds or Parks.