Cleveland City Council Declares 12-Month Moratorium on Growing Medical Marijuana

CLEVELAND, OH - Cleveland City Council has put a 12-month moratorium on the cultivation, processing and sale of medical marijuana within city limits. The council said it needs that time to determine appropriate regulations for the drug.

Ohio became the 25th state to pass medical marijuana legislation in June 2016 and the bill went into effect on Sept. 8. The new law prohibits smoking or growing pot at home but will allow other forms such as oils, vapors and patches to be dispensed through state-regulated dispensaries.

Ohioans with qualifying medical conditions are eligible for legal protection for possession of a 90-day supply of medical marijuana. Specifically, if they are charged with possession, they will be able to exercise an affirmative defense in court by presenting a written statement from their physician that shows:

• the patient has a condition listed in Ohio’s medical marijuana law;

• the patient and doctor have an ongoing physician-patient relationship;

• the patient has been informed of the risks and benefits of medical marijuana, and the doctor indicated that the benefits outweigh the risks; and

• the doctor has obtained a report from Ohio’s drug database showing other drugs prescribed to the patients over the past 12 months.

At the time of the legislation's passing, the state said they expected the medical marijuana program to be fully functional within two years. However, the legislation also gave individual municipalities the right to regulate and limit the medical marijuana process.

Now that City Council has passed this legislation, their 12-month clock has begun ticking. By Oct. 24, 2017 Council must have its regulations for the medical marijuana market in place.

In other states, the delay in medical marijuana enactment has prompted patients to go around the law and treat themselves. In Maryland, for example, the state's program took more than three years to go into effect. States such as Nevada and Vermont did not have dispensaries available from the onset but did allow patients with registry cards to legally grow marijuana for treatment, an option that is not available to Ohio patients.