Proposed Rule Change Could Prohibit Certain Types of Edibles
Updated: May 20, 2020
The board of pharmacy has proposed a new change regarding medical marijuana edibles in Ohio, and the implications of these proposed changes are unclear. Many are interpreting the new language as meaning that medical marijuana patients could be at risk of losing access to all edibles. The state board of pharmacy continues to state that the new rule change will not result in banning edibles, but the language of the rule itself seems to contradict this. The new rule language is provided below; 3796:8-2-03 Forms and form variations considered attractive to children. (C) Pursuant to division (C) of section 3796.06 of the Revised Code, the following medical marijuana products are prohibited as attractive to children: (2) Any product bearing a reasonable resemblance to a product available for consumption as a commercially available candy, cookie, or other confection; If this proposed rule change makes it through, countless cultivators and processors will be stopping the production of certain types, if not all edibles. This would mean that many patients may lose access to the products that they have been consuming regularly to provide relief for their chronic conditions. Owner of Wellspring Fields, Tom Hobson, recently spoke with Ohio Marijuana Card about the proposed rule change, stating that this would be a major step back for the industry. Tom also stated that many of the edibles made by Wellspring Fields and other processors, could potentially be a target. These edibles are the only way some patients are able to consume their medication. It's imperative for the future of the medical marijuana program in Ohio that edibles remain an option for patients, as many rely on this method for much-needed relief. Patient feedback is needed in order for the board of pharmacy to understand how important edibles are as a form of medication to patients. So what can we do to ensure this proposed rule change does not go into effect? The following email addresses have been provided so that patients can send emails and make sure their voice is heard. RuleComments@pharmacy.ohio.gov CSIPublicComments@governor.ohio.gov: We have provided a template email below that you are free to use; I use edibles as a way to treat my medical condition. The vague language in the current proposed rule 3796:8-2-03 could possibly exclude edibles that I use regularly to improve my quality of life. While I understand and agree that marijuana-infused products should not be attractive to children, I do not think that products such as candy, confections, and baked goods should be excluded from the Ohio medical marijuana market. Therefore, I ask that you change the language in the proposed rule change to: 3796:8-2-03 Forms and form variations considered attractive to children. (C) Pursuant to division (C) of section 3796.06 of the Revised Code, the following medical marijuana products are prohibited as attractive to children: (2) Any product bearing a reasonable resemblance in its packaging to a product that is commercially available and is marketed to children (3) Any product that has a unique shape universally attributed to a commercially available product that is marketed to children
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