Recorded use
of marijuana as a medicine reaches back nearly 5,000 years. Since 1996, twenty-three
states have approved the use of marijuana for medicinal purposes. Each state in which medical marijuana is legal
has its own regulations to govern every aspect of dispensing the drug. Some states allow local dispensaries while
others dictate which locality is permitted to distribute the patient’s
perspective dosage. Similarly, some
states allow patients to grow their own plants, while other states classify home
growing marijuana as a crime under state law for which a patient could face
criminal charges.
Even in states where medicinal marijuana
use is allowed, patients must still overcome hurdles to obtain the drug. For example, the Illinois medical marijuana
program has some of the strictest
standards in the nation. The Compassionate
Use of Medical Cannabis Pilot Program is a four-year pilot program that was signed
by former Governor Quinn in 2013 and went into effect on January 1, 2014. The program governs the manufacturing and
dispensing of medical marijuana in Illinois for physician-approved
patients. In order for a patient to be
prescribed marijuana, their doctor must maintain detailed records of the
patient’s ailments and symptoms. This requirement
goes well beyond a simple
patient-physician relationship, as a typical recommendation or
consultation with a physician is not sufficient for purposes of Illinois law. Once the patient is approved, either the
patient or the patient’s designated caregiver must complete a background check in
order to obtain a registry identification card. In Illinois, only cultivation centers approved
by the Department of Agriculture have the ability to legally grow marijuana for
medicinal purposes. Although the language
of the statute states that Illinois has removed criminal penalties from
the cultivation and use of marijuana, this only applies to medicinal use for
patients with an identification card. There are still penalties attached for individuals who use marijuana or
grow marijuana, even if it is medically necessary.
Further complicating the process of
obtaining medical marijuana, potential recipients must suffer an approved medical
diagnosis. Attorney Robert
Bauerschmidt, of Goldberg Law Group, LLC, is
currently handling several medical marijuana appeals on behalf of potential
drug recipients. He believes that debilitating medical conditions should be
added to the Compassionate Use of Medical Cannabis Pilot Program. In an informal interview with Mr.
Bauerschmidt, he stated that marijuana is one of the only drugs that is being
approved on a diagnosis by diagnosis basis. Therefore, under the Illinois Pilot Plan, each individual disorder for
which the patient is seeking marijuana must be approved by the Department of
Public Health. Even disorders with
similar symptoms, such as chronic pain, must be individually approved. As of January 29, 2016, no new conditions have been added to
the Pilot Program.
Comparatively, in Ohio, the House
approved House
Bill 523 on May 10, 2016. If approved by the Senate, this bill would
allow physicians to prescribe edibles, patches, oils, and plant materials to qualifying
patients. The bill establishes a
nine-person Medical
Marijuana Control Commission entrusted with writing rules and
regulations for the state’s medical marijuana statute. The bill would also urge universities in Ohio
to conduct research on the drug, as well as, provide safe harbors for banks
that wish to invest in drug research. The
bill would further allow communities to opt out of hosting a dispensary and enable
employers to maintain a “drug-free” environment if they so wish. This bill is in direct contrast to the
Illinois statute, which states, “no school,
employer, or landlord may refuse to enroll or lease to, or otherwise penalize,
a person solely for his or her status as a registered qualifying patient or a
registered designated caregiver.” Under the proposed Ohio bill, commission
certified doctors must “regularly
report on cases where marijuana is recommended, including the conditions it was
used to treat, the form prescribed, and why it was picked over more
conventional medicines.” This
affords doctors more autonomy and freedom to treat their patients and improve
the patients’ quality of care.
Although marijuana has been used for
centuries to treat various medical conditions, the legalization of marijuana as
a medicine continues to constantly face opposition. This may be attributed to
the fact that the federal
government still lists marijuana as one of the most dangerous drugs. Or
perhaps, the opposition is due to the fact that pharmaceutical companies still
have not discovered a way to synthesize marijuana’s properties in a way that
will benefit them.
Whatever the reasons, it is evident that
half of the states realize that medical marijuana is not just about getting
high. Marijuana eases symptoms in patients with chronic pain stemming from any
number of disorders thus enhancing the patient’s quality of life. Is that not the real overall goal of health
care?
Originally from South Jersey, Tamalyn attended Loyola
University Chicago where she received a B.A. in Political Science and a B.S. in
Criminal Justice & Criminology. A Health Law Fellow and rising 3L from
DePaul University College of Law, she has a passion for Health Law Policy and
Healthcare Compliance.