​WHY THIS BAN IS LEGALLY VULNERABLE (PROCEDURAL ERRORS):

​1. PROCEDURAL DEFICIENCIES & RELIANCE ON STALE DATA:

The Board’s emergency filing relies heavily on toxicology reports and overdose data from 2019–2022. This data is geographically and chronologically disconnected from the actual 7-OH products available in 2026. Because the Board failed to use current, peer-reviewed evidence to justify an "emergency," the rule is procedurally deficient. We request that the Joint Committee on Agency Rule Review (JCARR) invalidate this rule until accurate, contemporary data is provided.

​2. ADVERSE IMPACT ON PUBLIC HEALTH & PAIN PATIENTS:

By bypassing standard public hearings, the Board has ignored the adverse impact this ban has on thousands of Ohioans with severe chronic pain. Without a transparent process, patients have been left with no safe transition, increasing the risk of people being pushed toward unregulated street markets.

​3. POTENTIAL CONFLICTS OF INTEREST & NEED FOR TRANSPARENCY:

It is a matter of public record that high-level members of the Ohio Board of Pharmacy hold leadership roles at Humana and ProMedica. These organizations profit from the sale of prescription pain medications. This creates reasonable questions regarding potential conflicts of interest and reinforces the need for documented compliance with Ohio Ethics Law (R.C. 102.03) and transparent recusals.