Health Law Matters

Showing 25 posts in Medical Marijuana.

Physician Alert: Patient Informed Consent for Medical Marijuana Treatments

State laws vary considerably in terms of the professional obligations they place on physicians obtaining a patient’s informed consent for the use of medical marijuana. Ohio, for example, requires a physician to document in the medical record the patient’s consent (or legal representative’s consent if the patient is a minor) to medical marijuana treatment prior to completing a recommendation. Ohio Administrative Code 4731-32-03. Read More ›

West Virginia Passes Medical Cannabis Banking Reforms

West Virginia Adopts  New Rules to Combat the Opioid Epidemic

West Virginia Governor Jim Justice, on March 26, 2019, signed House Bill 2538, which was intended to address banking issues that Treasurer John Perdue and the existing correspondent banks for the State of West Virginia previously raised with respect to the fees, penalties, and taxes authorized by the West Virginia Medical Cannabis Act. Read More ›

Medical Marijuana, Employers, and Drug Policies

Drug test

Ohio, like most states, has a law (O.R.C. 3796 et. seq.) permitting the use of medical marijuana. Ohio’s medical marijuana program was set to be fully operational as of September 8, 2018; however, the program was plagued by a number of setbacks and is only now getting started. This is likely good news for employers, who should take this extra time to ensure they understand how the law stands to impact their workplace and employment practices. Read More ›

Medical Marijuana and the Terminally Ill: How Ohio Hospice Programs Can Learn to Cope with “Dope”

With nearly 20,000 registered Ohioans with medical marijuana recommendations, it is inevitable that Ohio Hospice program leaders will need to make a decision on medical marijuana as soon as possible. Read More ›

New Medical Marijuana Developments Show Green Wave Cresting Across the Country

New developments in D.C. this past month suggest the federal government’s stringent position on medical marijuana continues to erode. Additionally, the last bastion of states yet to legalize medical marijuana might be coming around to the idea, as evidenced by two new bills introduced in Kentucky and Tennessee to initiate medical marijuana programs. Read More ›

EKRA’s Interaction with the Anti-Kickback Statute: Just What the Government Intended

Medical Kickbacks

Labs, clinical treatment facilities, and recovery homes BEWARE! If you are currently using marketers/distributors/sales personnel to market your services, you will need to evaluate your agreements with these people immediately. Read More ›

Recommending Physicians Get Ready: Ohio BOP Announces Launch of Patient & Caregiver Registry for Ohio Medical Marijuana Program

Ohio Medical Marijuana Dispensary

Don’t criticizeeeeeee it” – the State Board of Pharmacy, that is, because the State Board of Pharmacy did its job, announcing today that the “Patient and Caregiver Registry” for the Ohio Medical Marijuana Control Program has been activated, just before dispensary products are expected to be available to patients. Read More ›

Ohio Physician's Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijuana Physicians

Co-Author: Maxwell Williams

Ohio Physician's Guesde to Cannabis Compliance Part 2

Cash only? Informed consent forms? Waivers of liability? The original Ohio Physician’s Guide to Cannabis Compliance (Part 1) was created to give Ohio M.D.s and D.O.s a starter pack for understanding Ohio’s Medical Marijuana Law, including the distinction between a prescription and a recommendation, and the all-important Rohrabacher Amendment, which requires strict compliance with state law to attempt to avoid prosecution under federal law. However, as more physicians obtain an Ohio Certificate to Recommend medical marijuana, deeper issues must be understood to limit liability associated with Ohio’s medical marijuana law and ensure legal compliance before designing a medical marijuana practice. First, physicians should understand that making a recommendation for medical marijuana has been interpreted by a federal court as being protected by the First Amendment. Thus, medical marijuana recommendations do not violate federal law. Read More ›

Grandma Wants Special Brownies? Ohio Nursing Facilities Prepare for Medical Marijuana

Ohio nursing facilities prepare for medical marijuana

“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try medical marijuana oil; can she use that in the nursing home?” “Do you think those ‘special’ gummy bears could help mom’s chronic back pain?” Read More ›

Ohio Physician Alert: Application Available to Become Certified to Recommend Medical Marijuana

Ohio Physicians Can Recommend Medical Marijuana

Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The Ohio Medical Marijuana Control Program released a statement on Monday, March 19, 2018, stating that the State Medical Board of Ohio is now accepting applications for a certificate to recommend. Read More ›

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Attorney Spotlight

Thomas D. Anthony is the former chair of FBT's Health Care Industry Team. He focuses on counseling health care entities on corporate transactions, regulatory compliance and joint ventures.

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