(A)(1) A patient seeking to use medical marijuana or a caregiver seeking to assist a patient in the use or administration of medical marijuana shall apply to the state board of pharmacy for registration. The physician who holds a certificate to recommend issued by the state medical board and is treating the patient or the physician’s delegate shall submit the application on the patient’s or caregiver’s behalf in the manner established in rules adopted under section 3796.04 of the Revised Code.

Terms Used In Ohio Code 3796.08

  • Drug database: means the database established and maintained by the state board of pharmacy pursuant to section 4729. See Ohio Code 3796.01
  • Marijuana: means marihuana as defined in section 3719. See Ohio Code 3796.01
  • Medical marijuana: means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. See Ohio Code 3796.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Physician: means an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. See Ohio Code 3796.01
  • Qualifying medical condition: means any of the following:

    (a) Acquired immune deficiency syndrome;

    (b) Alzheimer's disease;

    (c) Amyotrophic lateral sclerosis;

    (d) Cancer;

    (e) Chronic traumatic encephalopathy;

    (f) Crohn's disease;

    (g) Epilepsy or another seizure disorder;

    (h) Fibromyalgia;

    (i) Glaucoma;

    (j) Hepatitis C;

    (k) Inflammatory bowel disease;

    (l) Multiple sclerosis;

    (m) Pain that is either of the following:

    (i) Chronic and severe;

    (ii) Intractable. See Ohio Code 3796.01

  • state: means the state of Ohio. See Ohio Code 1.59

(2) The application shall include all of the following:

(a) A statement from the physician certifying all of the following:

(i) That a bona fide physician-patient relationship exists between the physician and patient;

(ii) That the patient has been diagnosed with a qualifying medical condition;

(iii) That the physician or physician delegate has requested from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the report;

(iv) That the physician has informed the patient of the risks and benefits of medical marijuana as it pertains to the patient’s qualifying medical condition and medical history.

(b) In the case of an application submitted on behalf of a patient, the name or names of the one or more caregivers that will assist the patient in the use or administration of medical marijuana;

(c) In the case of an application submitted on behalf of a caregiver, the name of the patient or patients that the caregiver seeks to assist in the use or administration of medical marijuana.

(3) If the application is complete and meets the requirements established in rules, the board shall register the patient or caregiver and issue to the patient or caregiver an identification card.

(B) The board shall not make public any information reported to or collected by the board under this section that identifies or would tend to identify any specific patient.

Information collected by the board pursuant to this section is confidential and not a public record. The board may share identifying information with a licensed retail dispensary for the purpose of confirming that a person has a valid registration. Information that does not identify a person may be released in summary, statistical, or aggregate form.

(C) A registration expires according to the renewal schedule established in rules adopted under section 3796.04 of the Revised Code and may be renewed in accordance with procedures established in those rules.

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