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The State Medical Board of Ohio is accepting applications for a certificate to recommend (CTR) the use of Medical Marijuana under the Ohio Medical Marijuana Control Program. MDs and DOs with a full, unrestricted Ohio license are eligible to apply.

Physicians are not allowed to prescribe Medical Marijuana. Since the Federal Government classifies marijuana as a Schedule I controlled substance, it cannot be prescribed. However, based upon a Federal Court of Appeals case, a physician’s evaluation about the risk and benefits of Medical Marijuana constitutes protected speech under the First Amendment. Physicians must be able to speak frankly and openly to their patients. This includes recommending the use of Medical Marijuana.

MDs and Dos are eligible to apply for a CTR. Podiatrists, veterinarians, and dentists are not eligible to apply for a CTR. In order for an MD or DO to obtain a CTR, the physician must

1. Hold an active, unrestricted license to practice medicine and surgery or osteopathic medicine and surgery under section 4731.14 or 4731.29 of the Revised Code.

2. Have been granted access to and is not under any prohibition for access to the drug database established and maintained by the board of pharmacy pursuant to section 4729.75 of the Revised Code.

3.Hold an active registration with the drug enforcement administration

4. Have not been denied a license to prescribe, possess, dispense, administer, supply, or sell a controlled substance by the drug enforcement administration or appropriate issuing body of any state or jurisdiction, based, in whole or in part, on the applicant’s inappropriate prescribing, personally furnishing, dispensing, administering, supplying or selling a controlled substance or other dangerous drug.

5. Have not held a license issued by the drug enforcement administration or a state licensing administration in any jurisdiction, under which the person may prescribe, personally furnish, dispense, possess, administer, supply or sell a controlled substance, that has ever been restricted, based, in whole or in part, on the applicant’s inappropriate prescribing, dispensing, administering, supplying, or selling a controlled substance or other dangerous drug.

6. Have not been subject to disciplinary action by any licensing entity that was based, in whole or in part, on the applicant’s inappropriate prescribing, personally furnishing, dispensing, diverting, administering, supplying or selling a controlled substance or other dangerous drug.

7. Have completed at least two hours of continuing medical education in a course or courses certified by the Ohio state medical association or the Ohio osteopathic association that assist physicians in both of the following:

A. Diagnosing qualifying medical conditions as defined in section 3796.01 of the Revised Code; and

B. Treating qualifying medical conditions with medical marijuana, including the characteristics of medical marijuana and possible drug interaction.

8. Have no ownership or investment interest in or compensation agreement with any medical marijuana entity licensed or applicant seeking licensure under Chapter 3796. of the Revised Code.

An application will not considered complete until the above-mentioned conditions are met. However, if the Board is conducting an investigation pursuant to R.C. 4731.22 and the evidence indicates a violation of the Medical Practices Act, the Board will consider your application incomplete and will not process your application. The irony here is that investigations are supposed to be confidential, yet if your application is held up for no apparent reason, it means there is an investigation in progress that you do not know about.

Once the application is considered complete, the Board will process the application. The Board states it will conduct a thorough investigation. This may include an appearance before the Board to answer questions or provide additional information. Any applicant who is denied a CTR is entitled to the reasons for the denial and the opportunity for a hearing.

If you have questions about obtaining a Certificate to Recommend, or have other questions concerning the Medical Marijuana Program, you need to talk with an attorney at Graff & McGovern. Attorney John Izzo can be reached at johnizzo@grafflaw.com, or 614-228-5800, extension 5.