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Medical Use of Cannabis: Exemptions
The following provisions are l based upon the 1999 Maine Medical Marijuana Initiative along with various amendments passed by Maine's state legislature.
The following provisions govern the medical use of cannabis:
A. Notwithstanding any other provision of law, a person who is at least 18 years of age may lawfully possess a usable amount of cannabis for medical use if, at the time of that possession, the person has available an authenticated copy of a medical record or other written documentation from a physician, demonstrating:
(1) The person has been diagnosed by a physician as suffering from one or more of the following conditions:
(a) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of: (i) acquired immune deficiency syndrome or the treatment thereof;
or Chemotherapy or radiation therapy used to treat cancer;
(b) Heightened intraocular pressure as a result of glaucoma
(c) Seizures associated with a chronic, debilitating disease, such as epilepsy; or
(d) Persistent muscle spasms associated with a chronic, debilitating disease, such as multiple sclerosis;
(e) Persistent or chronic pain associated with a debilitating disease
(2) A physician, in the context of a bona fide physician-patient relationship with the person;
(a) Has discussed with the person the possible health risks and therapeutic or palliative benefits of the medical use of cannabis to relieve pain or alleviate symptoms of the person's condition, based on information known to the physician, including, but not limited to, clinical studies or anecdotal evidence reported in medical literature or observations or information concerning the use of cannabis by other patients with the same or similar conditions;
(b) Has provided the person with the physician's professional opinion concerning the possible balance of risks and benefits of the medical use of cannabis to relieve pain or alleviate symptoms in the person's particular case; and
(c) Has advised the person, on the basis of the physician's knowledge of the person's medical history and condition, that the person might benefit from the medical use of cannabis to relieve pain or alleviate symptoms of the person's condition;
(3) The person has disclosed to the physician that person's medical use of cannabis; and
(4) The person is under the continuing care of the physician.
B. A person under the 18 years of age may lawfully possess a usable amount of cannabis for medical use if:
(1) The person meets the requirements of paragraph A, subparagraphs (1) to (4); and the person has available a signed writtefl authorization from that person's parent or legal guardian consenting to that person's medical use of cannabis.
C. Notwithstanding any other provision of law, a designated care giver may lawfully possess a usable amount of cannabis for medical use by an eligible patient if the designated care giver is acting within the scope of the designated care giver's duties to the eligible patient.
D. The fact that a person produces documentation described in paragraph A does not constitute a waiver of the physician-patient privilege in any other respect.
E. A physician who, in the context of a bona fide physician-patient relationship, advises a patient that the patient might benefit from the medical use of cannabis may not be deemed to have violated any provision of the Ohio Revised Code or be held liable for the patient's medical use of cannabis.
F. Notwithstanding the provisions of paragraph A, medical use of cannabis by an eligible patient is not authorized by this section if such use occurs in a public place or in a workplace where such use is not permitted.
G. It is an affirmative defense to prosecution for possession, use or cultivation of a usable amount of
cannabis. H. It is an affirmative defense to prosecution for possession, possession with the intent to furnish,
furnishing or cultivation of a usable amount of cannabis if the defendant was a designated care
giver under this subsection if the person to whom the cannabis was to be furnished or for whom it
was cultivated was an eligible patient. I. "Usable amount of cannabis for medical use" means 3 ounces or less of harvested cannabis and a
total of 7 plants, of which not more than 3 may be mature, flowering plants.
This bill would make the following changes to the laws governing the possession and use of cannabis.
1. It authorizes an eligible patient diagnosed with one or more specified debilitating conditions, including cancer and acquired immune deficiency syndrome, to use cannabis for medical purposes when a physician determines that a patient might benefit from cannabis use and when other requirements are met.
2. It limits the amount of cannabis that an eligible medical patient may possess without violating civil or criminal laws to no more then 3 ounces of harvested cannabis and 7 cannabis plants, of which not more than 3 may be mature flowering plants.
3. It allows a person who is legally designated to care for an eligible medical patient to assist that patient in using cannabis for medical purposes.
4. For a person under the age of 18, it authorizes medical use of cannabis only if both the listed medical eligibility requirements have been met and a parent or legal guardian had given written consent to this use or the person is entitled to consent to all health care services pursuant to existing law.
5. It prohibits medical use of cannabis by an eligible patient in a public place or in a workplace where this use is not permitted.
Find your Representative in the Ohio House at http://www.house.state.oh.us/jsps/Representatives.jsp
Find your Ohio Senator at http://www.senate.state.oh.us/senators/
Write to your officials care of their district office, or send your letter to their Columbus office at:
The Honorable (name)
Ohio House of Representatives
77 South High Street
Columbus, Ohio 43266-0603
-or-
The Honorable (name)
Ohio Senate Building
Columbus, Ohio 43215
Telephone calls and emails are also persuasive, especially when the constituent contacts the district office.
To find out who represents you in theHouse and/or Senate in Columbus, please go to http://www.legislature.state.oh.us/ .
127th Ohio General Assembly
Please click on the member's name to be taken to their officialwebsite.
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MEMBER |
PARTY |
DISTRICT |
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Republican |
House District 78 |
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Republican |
Senate District 22 |
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Republican |
House District 94 |
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Republican |
Senate District 10 |
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Republican |
House District 21 |
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Democrat |
House District 58 |
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Republican |
House District 69 |
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Democrat |
House District 27 |
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Republican |
House District 29 |
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Democrat |
Senate District 33 |
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Democrat |
House District 01 |
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Democrat |
House District 89 |
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Democrat |
House District 09 |
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Democrat |
House District 16 |
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Republican |
House District 34 |
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Democrat |
House District 48 |
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Republican |
House District 88 |
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Democrat |
House District 08 |
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Republican |
Senate District 01 |
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Democrat |
Senate District 32 |
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Democrat |
House District 59 |
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Republican |
Senate District 17 |
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Republican |
House District 03 |
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Republican |
Senate District 04 |
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Democrat |
House District 24 |
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Democrat |
House District 68 |
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Republican |
Senate District 08 |
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Republican |
House District 55 |
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Republican |
House District 90 |
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Republican |
House District 54 |
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Republican |
House District 83 |
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Republican |
Senate District 27 |
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Republican |
House District 86 |
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Democrat |
House District 12 |
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Democrat |
House District 15 |
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Republican |
House District 70 |
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Democrat |
House District 99 |
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Democrat |
House District 91 |
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Republican |
House District 98 |
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Democrat |
House District 95 |
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Democrat |
House District 31 |
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Democrat |
House District 43 |
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Republican |
House District 87 |
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Republican |
Senate District 12 |
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Democrat |
Senate District 11 |
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Democrat |
House District 62 |
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Republican |
House District 79 |
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Republican |
House District 19 |
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Democrat |
House District 14 |
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Republican |
Senate District 02 |
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Democrat |
House District 93 |
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Republican |
House District 97 |
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Republican |
Senate District 03 |
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Republican |
House District 74 |
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Democrat |
House District 73 |
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Republican |
Senate District 18 |
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Republican |
House District 50 |
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Democrat |
House District 60 |
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Republican |
Senate District 19 |
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Democrat |
House District 65 |
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Democrat |
House District 52 |
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Democrat |
House District 26 |
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Republican |
House District 76 |
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Republican |
House District 71 |
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Republican |
House District 04 |
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Republican |
House District 22 |
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Republican |
House District 37 |
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Republican |
Senate District 06 |
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Democrat |
House District 67 |
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Democrat |
Senate District 09 |
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Democrat |
House District 56 |
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Republican |
House District 06 |
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Democrat |
House District 64 |
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Democrat |
House District 39 |
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Democrat |
House District 57 |
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Democrat |
House District 32 |
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Republican |
House District 17 |
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Democrat |
Senate District 25 |
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Republican |
House District 20 |
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Republican |
House District 72 |
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Democrat |
Senate District 23 |
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Democrat |
House District 10 |
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Democrat |
Senate District 15 |
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Democrat |
Senate District 13 |
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Republican |
Senate District 26 |
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Republican |
Senate District 14 |
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Republican |
House District 51 |
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Democrat |
House District 61 |
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Democrat |
House District 45 |
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Republican |
Senate District 20 |
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Republican |
House District 18 |
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Republican |
House District 02 |
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Republican |
House District 28 |
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Democrat |
House District 80 |
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Republican |
House District 82 |
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Democrat |
Senate District 05 |
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Democrat |
House District 96 |
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Republican |
Senate District 31 |
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Republican |
House District 63 |
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Republican |
House District 85 |
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Republican |
House District 35 |
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Republican |
Senate District 07 |
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Republican |
Senate District 29 |
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Republican |
House District 30 |
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Republican |
House District 36 |
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Democrat |
House District 13 |
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Democrat |
Senate District 21 |
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Republican |
Senate District 24 |
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Republican |
House District 05 |
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Democrat |
House District 25 |
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