Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Marijuana Reclassification and APRN/PA Prescribing

Client Alert
May 7, 2024

Overview

Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.

Schedule I controlled substances are defined under the Controlled Substances Act as having a high potential for abuse, no currently accepted medical use in treatment in the U.S., and a lack of accepted safety for use of the drug under medical supervision. By contrast, Schedule III substances are defined as having a potential for abuse less than drugs in Schedules I and II, have a currently accepted medical use in treatment in the U.S., and abuse of the drug may lead to moderate or low physical dependence or high psychological dependence.[1]

Effect on APRN and PA Prescribing in Ohio

Providers, including advanced practice registered nurses (APRNs) and physician assistants (PAs) are not permitted to prescribe Schedule I controlled substances. Therefore, neither APRNs nor PAs in Ohio are permitted to prescribe marijuana to patients while still classified as a Schedule I controlled substance.

However, both APRNs and PAs are permitted to prescribe Schedule III controlled substances, so long as the medication is within the provider’s scope of practice. For APRNs, this means that the prescription is used to treat conditions consistent with their education, clinical experience, and national certification, and within the parameters of their standard care arrangement with a physician who is practicing in a specialty that is the same or similar to theirs.[2] The drug also cannot exceed the prescriptive authority of their collaborating physician.[3] Similarly, PAs with prescriptive authority are limited to prescribing drugs that are a part of their supervising physician’s normal course of practice and expertise and do not exceed their supervising physician’s prescriptive authority.[4] The prescription also should be consistent with the terms of their supervision agreement.

Analysis

While the reclassification of marijuana from Schedule I to III should allow for APRNs and PAs to prescribe marijuana, Ohio Revised Code Chapter 3796 may still stand in the way.

Specifically, the rule currently states that when a patient or their caregiver is seeking to use medical marijuana, “the physician who holds a certificate to recommend issued by the state medical board and is treating the patient or the physician's delegate shall submit the application on the patient's or caregiver's behalf…”[5]

“Physician” under Chapter 3796 is defined as, “an individual authorized under Chapter 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery,” thus explicitly excluding APRNs and PAs.

Therefore, upon reclassification of marijuana, the question will be whether Ohio law also changes, doing away with the “certificate to recommend,” since providers will now be able to directly prescribe marijuana for their patients. Currently, the certificate to recommend allows patients with qualifying medical conditions to legally purchase and use marijuana.

If you have any questions regarding the pending reclassification of marijuana or general questions regarding APRNs or PAs, please don’t hesitate to contact BMD Health Law Group Member Jeana Singleton at jmsingleton@bmdllc.com or 330-253-2001, or BMD Attorney Rachel Stermer at rcstermer@bmdllc.com or 330-253-2019.  

[1] 21 U.S.C. § 812.

[2] ORC § 4723.431.

[3] ORC § 4723.481.

[4] ORC § 4730.20 and ORC § 4730.42.

[5] ORC § 3796.08.

Medical MarijuanaControlled SubstancesMarijuana LawHealth LawHealthcare Policy
Client Alert

New Ohio Reporting Requirements for Non-Residential Contractors

March 18, 2026Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.Client Alert

DOT Non-Domiciled CDL Rule

March 11, 2026A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.Client Alert

FinCEN Residential Real Estate Reporting Rule Now in Effect

March 6, 2026FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.Client Alert

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

February 20, 2026The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.Client Alert

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

February 17, 2026On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.
Older posts