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January 2017 - Meeting Materials January 2017 - Meeting Materials AGENDA MEDICAL MARIJUANA ADVISORY COMMITTEE MEETING January 27, 2017 Vern Riffe Center - 31st Floor - Room South B & C NOTE: The Advisory Committee will not be accepting testimony or public comments at this meeting. Draft rules, as they are available, and instructions for providing public comment will be posted to the Ohio Medical Marijuana Control Program website (www.medicalmarijuana.ohio.gov/rules). 10:00 a.m. ROLL CALL AND MINUTES REVIEW . Advisory Committee Members (Passafume) 10:15 a.m. RULES UPDATE . Dispensary Rules, Second Discussion (Reed) . Q&A (Passafume) 11:30 a.m. RULES UPDATE . Medical Board Rules, Second Discussion (Anderson) . Q&A (Passafume) 12:30 p.m. LUNCH 1:30 p.m. RULES REVIEW . Processor Rules, First Discussion (Hunt) . Q&A (Passafume) 2:30 p.m. RULES REVIEW . Patient/Caregiver Rules, First Discussion (Reed) . Q&A (Passafume) SECURITY NOTICE: Backpack prohibition: Visitors are prohibited from bringing backpacks into the Vern Riffe Center. Check-in Required: Riffe Center visitors are required to register and obtain a visitor’s badge at the security desk. To obtain a visitor’s badge, you must provide a government-issued photo ID (e.g., driver’s license or ID card issued by a state’s bureau of motor vehicles, state-issued ID card, passport, U.S. military ID, permanent resident card or any municipality, county or federally issued ID). www.medicalmarijuana.ohio.gov 1 January 2017 - Meeting Materials Date Category Summary Believes dispensaries should not advertise anything other than name, address, and the fact that they are a marijuana dispensary. If more is allowed, outlined restrictions that wouldn't allow ads to be enticing to children. 4‐Jan Advertising Suggests refering to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads, prohibting ads on vehicles, clothing or hand‐ held signs, and prohbiting marijuana leafs on ads. 10‐Jan Advertising Suggests prohibiting advertising, but that if advertising is not prohibited, then the drug should be referred to only by its name and not by a nickname or slang term; and that broadcast ads, ads on vehicles, clothing or hand‐held signs, and marijuana leafs on ads should all be prohibited. 10‐Jan Advertising Suggests restricting advertising size, and prohibiting illumination and billboards. Suggests framework for businesses who would like to apply to have illumination or billboards, and hwo to work with zoning districts. 10‐Jan Advertising Suggests establishing an approved logo to help identify dispensaries, and only allow one 11‐Jan Advertising logo. Suggests prohibiting advertising, but that if advertising is not prohibited, then the drug should be referred to only by its name and not by a nickname or slang term; and that broadcast ads, ads on vehicles, clothing or hand‐held signs, and marijuana leafs on ads should all be prohibited. 11‐Jan Advertising Concerned that the advertising rules are too restrictive and not business friendly. 12‐Jan Advertising Suggests $100 fee per advertisement infringes on free speech and should be removed. 13‐Jan Advertising 2 January 2017 - Meeting Materials Suggests refering to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads, prohibting ads on vehicles, clothing or hand‐ held signs, and prohbiting marijuana leafs on ads. 13‐Jan Advertising Suggests refering to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads, prohibting ads on vehicles, clothing or hand‐ held signs, and prohbiting marijuana leafs on ads. 13‐Jan Advertising Suggests prohibiting advertising, but that if advertising is not prohibited, then the drug should be referred to only by its name and not by a nickname or slang term; and that broadcast ads, ads on vehicles, clothing or hand‐held signs, and marijuana leafs on ads should all be prohibited. 13‐Jan Advertising Suggests clarifying that advertising rules won't prohibit dispensary from using a celebrity endorsement. Suggests clarifying timeline for advertising approval, and for it to be as objective as possible for understanding what is and is not allowed. 13‐Jan Advertising Suggests there should be no additional fee once and advertisement is approved. 13‐Jan Advertising Suggests refering to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads, prohibting ads on vehicles, clothing or hand‐ held signs, and prohbiting marijuana leafs on ads. 13‐Jan Advertising Suggests advertising audience should be carefully considered. Suggests referring to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads. 13‐Jan Advertising 3 January 2017 - Meeting Materials Suggests refering to marijuana by its name and not by a nickname or slang term. Suggests prohibiting broadcast ads, prohibting ads on vehicles, clothing or hand‐ held signs, and prohbiting marijuana leafs on ads. 13‐Jan Advertising Suggests removing requirement that every advertisement must receive prioir approval by the Board, and instead establish clear rules on what advertisements may include. 13‐Jan Advertising Suggests the advertisement fee should be 13‐Jan Advertising $25. Suggests prohibiting advertising, but that if advertising is not prohibited, then the drug should be referred to only by its name and not by a nickname or slang term; and that broadcast ads, ads on vehicles, clothing or hand‐held signs, and marijuana leafs on ads should all be prohibited. 13‐Jan Advertising Suggets that the Board is overreaching by requiring approval to be issued for individual advertisements and web content. Suggests including rule that states what can and cannot be included in advertisements and web content, and remove the approval requirement. 13‐Jan Advertising Suggests removing $100 fee per advertisement. 13‐Jan Advertising Suggests amending rule regarding backers owning interests in more than one application. 11‐Jan Applicant backers Asks how having a financial interest in another licensee, registrant or applicant will affect an applicant's chances of being granted a license. 12‐Jan Applicant backers Believes priority for dispensary licenses should be given to Ohio residents who have lived in the state for a minimum of 5 years. 21‐Dec Application process Suggests clarifying how the 40 successful applicants will be chosen if there are more submissions than number of dispensaries. 21‐Dec Application process 4 January 2017 - Meeting Materials Believes it'd be premature to ask an applicant to enter into a lease or buy property for a business that ultimately may not receive a license. Suggests that the applicant could submit a possible location with an affidavit from the potential landlord with intent to lease/sell the location if licensed. 28‐Dec Application process Suggests that nobody in the pharmaceutical business, pharmacies, or physicians able to recommend marijuana should be an owner or have an investment interest with a dispensary applicant. 8‐Jan Application process Suggests applicants who have been in Ohio for 5 years and those already providing healthcare products receiving an advantage over other applicants. Suggests exapnding hours of operation. Suggests clarifying language to allow employees to eat food in break room. Suggests allowing businesses to brand products and display name of business in advertisements. Suggests defining natural person. 12‐Jan Application process Suggests requiring the board to consider whether the dispensary is in an area where there is not a moratorium on marijuana to avoid obstacles in setting up the buisness. 12‐Jan Application process Suggests the Board accept a memorandum of understanding for the acquisition of a property with the successful application for a medical marijuana dispensary license in lieu of Application process a leasehold. 13‐Jan Suggests removing the requirement of owning or leasing a property at time of application, but instead show that applicant has right to a property 13‐Jan Application process 5 January 2017 - Meeting Materials Suggests the Board should require applicants to disclose not just interests in other regulated marijuana businesses, but also any infractions, fines, violations, permit revocations or other official rebukes related to those businesses. 13‐Jan Application process Application process Asks if a specific type of business organization will be required to receive a license. 13‐Jan Asks if the $250,000 in liquid assets requirement is to be included in the expenses for the first year of operation. 13‐Jan Application process Suggests the requirement to have liquid assets to cover expenses and costs for the first year is too steep, but that six months would 13‐Jan Application process be sufficient. Asks for clarificaiton if all disqualifying 13‐Jan Application process offenses from section 109.572 of the ORC would disqualify someone as an owner, officer or board member. Application process Believes the term "character and fitness" is broad and subjective, and asks if there's a better 13‐Jan baseline to use. Suggests that ethnicity, religion or sexual orientation should not play a part in the application and approval process 13‐Jan Application process Application process Suggests that only Ohio residents should be able to apply. 13‐Jan Application process Asks if a publicly traded company can own a dispensary license. 13‐Jan Suggests the announcement and application timeline is unrealisitic and will bias those with high levels of financial access, and could undermine owner diversity. Also suggests the $250,000 liquid asset requirement will drive up costs to the patient. Application process 13‐Jan 6 January 2017 - Meeting Materials Suggests the Board should add a timeline within which they will issue a certificate after they have completed a satisfactory inspection. Suggests this timeline should be as short as reasonably possible to increase patient access. Also suggests that upon renewal filing, if a dispensary files within a reasonable time they should be allowed to continue to operate while the renewal is pending.
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