Marijuana Policy Project

The federal government's recent decision to ease up on prosecuting patients using medical marijuana has brought hope to activists in Ohio seeking a medical marijuana law.

But getting lawmakers here to approve therapeutic marijuana use promises to be an uphill battle.

State Rep. Kenny Yuko, a Richmond Heights Democrat, is drafting legislation with groups that want Ohio to become the 15th state to allow those who are seriously ill to use medical marijuana. While working on getting backers to unite behind a single approach, Yuko was heartened by the recent decision by U.S. Attorney General Eric Holder to redirect investigations away from patients in states that allow medical marijuana.

"It's definitely good news for people who care about this issue," said Yuko, who has multiple sclerosis but is not seeking to use medical marijuana. "I hope this gives us an opportunity to get due consideration in the House and Senate."

But Yuko acknowledges that it's "not going to be an easy sell" to get a medical marijuana measure through the legislature, especially with the vehement opposition of prosecutors and police groups.

Even supporters of medical marijuana like Ed Orlett, a former Ohio lawmaker who heads the Drug Policy Alliance Ohio, said that time is running out on passing a bill this session.

"The legislature hasn't been terribly productive anyway, and I think it's not likely they will want to tackle any controversial bills next year," Orlett said.

In 1996, Ohio lawmakers passed a criminal sentencing bill that allowed an "affirmative defense" for the medical use of marijuana. However, lawmakers said they weren't aware of the provision slipped into the 1,000-page bill, and legislation removing it was passed in early 1997. Since then, several medical marijuana bills have died in the legislature.

"I think it's because of the history of it, and people still have the perception that this is really about somehow trying to get recreational marijuana legalized," Yuko said. "But what this is really about is giving opportunities to make a difference in the quality of life for some sick people."

Yuko said his legislation probably will be modeled after Senate Bill 343, which Sen. Tom Roberts, a Dayton-area Democrat, introduced last session. That bill would have allowed Ohio doctors to prescribe marijuana to patients who would be issued cards by the state health department to show to police if necessary.

House Speaker Armond Budish, a Beachwood Democrat, took a cautious approach in declining to comment on the merits of medical marijuana in Ohio. But Senate President Bill Harris, an Ashland Republican, was firm in his opposition.

"He is not supportive, nor does he think there is support in the Senate for something like that," said Harris' spokeswoman Maggie Ostrowski.

A successful multimillion-dollar ballot issue last year put a medical marijuana law on the books in neighboring Michigan, but the short distance doesn't mean Ohioans have easy access to medical marijuana. Michigan will only issue medical marijuana licenses to people who live in the state — leaving few options for Ohioans seeking the drug for treatment.

Brad Forrester, spokesman for the Michigan Medical Marijuana Association, said he has met at least six people who have moved to Michigan from Ohio so they could smoke or ingest marijuana in pill form for treatment.

"It is fairly easy for people to qualify for medical marijuana" in Michigan, Forrester said, "which, in my opinion, is a good thing."

Patients with a broad range of medical conditions must submit an application that includes a note from a Michigan doctor saying marijuana use would alleviate the patient's condition.

Since April, when the state began licensing users and growers, about 4,800 patients have been registered and about 2,000 licenses have been issued to "caregivers" who are allowed to grow and sell the drug.

But the Michigan cards offer no legal protection in Ohio, said Lt. Michael Daly, of the Toledo Police Department's vice narcotics unit. Daly said the department hasn't encountered anybody with marijuana bought legally in Michigan.

"We would enforce the state of Ohio laws and let that whole scenario play out in court," Daly said.

The Michigan law was passed with the help of the Washington-based Marijuana Policy Project, an organization that assists states and is heavily funded by Peter B. Lewis, chairman of Progressive Corp.

Bruce Mirken, spokesman for the group, said activists in Ohio were not ready to enlist the organization's help. "The last time I heard, and this was awhile ago, there seemed to be some infighting among local activists," Mirken said.