Showing 27 posts in Medical Marijuana.
On April 25, 2019, the West Virginia Treasurer’s Office issued a request for proposals (RFP) seeking bids from financial institutions to provide banking services to West Virginia’s medical cannabis program. Read More ›
The 2018 Farm Bill’s legalization of hemp set the stage for a resurgence in hemp production and the proliferation of hemp-derived cannabidiol (CBD) products. What’s more, numerous states have introduced or passed bills legalizing medical marijuana, despite marijuana’s classification as a Schedule 1 substance under federal law. Read More ›
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 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 ›
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 ›
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 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 ›
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
“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
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 ›
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James (Jim) A. Dietz is a Member at FBT who provides an array of legal services to hospitals, physicians, long-term care providers, diagnostic facilities, and others across the spectrum of patient care.