Today Ohioans could theoretically have access to medical marijuana, but there’s nowhere to get it legally yet. House bill 523, the law legalizing marijuana for therapeutic uses, goes into effect today, but, for now, not much is changing.
“It’s kind of a symbolic day more than anything,” said Aaron Marshall with Ohioans for Medical Marijuana, the group that suspended its similar ballot measure after the bill was signed in May.
Those with a qualifying condition should start talking to their doctors, Marshall said. Even a note from the doctor could spare patients some legal trouble. Even if weed isn’t readily available today, those who are caught with a small amount can get limited protection with “affirmative defense.”
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To use affirmative defense, individuals need a note from a doctor they’ve seen for a long time proving they’ve had a qualifying condition and that they need marijuana for treatment. If caught with a 90-day-supply or less, the judge can (but isn’t required to) throw out the charges.
“Today brings, I think, some hope for patients that there can be a brighter tomorrow,” Marshall said. “But it’s not going to change anyone’s life today.”
Regulations guiding the production and distribution of marijuana have yet to be set up. Deadlines for the establishing rules regarding manufacturing, processing, handling and sale aren’t until next year, and Marshall doesn’t anticipate having dispensaries set up right after rules are established anyway. People will most likely have to wait 15 months to up to two years to legally purchase medical marijuana in Ohio.
Until then, Marshall said people will probably have to keep getting it from wherever they do currently, which is probably illegally. That means either from friends, family, or by traveling across state lines.
“Getting it back, you’re going to be doing it illegally,” Marshall said. “It’s just a product of the fact that we have these state laws that are in conflict with the federal law, and there’s really not a good way around that right now.”
The only thing to do for now is get the process going personally, he said. Doctors should look into getting certified to recommend medical marijuana, and patients should start the conversation with their physicians.