How Can I Legally Get Medical Marijuana?

Many medical professionals and patients recognize the medicinal benefits of marijuana. Lawmakers are often slower to change. More states are now passing bills to allow for the medical use of marijuana for qualified patients. If you have a qualifying medical condition, look into getting a medical marijuana ID card or legal prescription from your doctor.

Medical marijuana laws are changing all the time. For the most recent information about your state’s medical cannabis program, talk to a local medical marijuana lawyer.

Which States Allow Medical Cannabis?

As of mid-2023, 38 states and the District of Columbia have approved medical marijuana programs. State medical marijuana laws vary greatly. Under federal law, marijuana possession is still a crime. The states that allow medical marijuana in some form include:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Hawaii
• Illinois
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Dakota
• Utah
• Vermont
• Virginia
• Washington
• West Virginia

What Are Qualifying Conditions?

Some states only allow medicinal marijuana for very limited qualifying conditions. Some of the common qualifying medical conditions for a medical marijuana card include:

• Amyotrophic lateral sclerosis (ALS)
• Arthritis
• Cancer
• Cachexia
• Chronic pain
• Crohn’s disease
• Epilepsy
• Glaucoma
• HIV/AIDS
• Multiple sclerosis
• Muscle spasms
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)

What Is the Process for Getting a Medical Marijuana Card?

The process for getting a medical marijuana card or cannabis prescription varies by state. Check your state’s medical marijuana program to make sure you qualify. The process generally involves:

• Having a qualifying medical condition
• Referral or recommendation from a doctor or healthcare provider
• Proof of identity
• Proof of residency in the state

Some states recognize medical marijuana cards from other states, and others do not. Make sure you are aware of what the laws are before you cross state lines with your medical marijuana.

Once you have a medical marijuana card, your state may still limit the amount of marijuana you can possess at any time. Most states set their limits by ounces or grams of usable marijuana or days of supply. States that allow patients to grow their marijuana may also set a limit on the number of mature plants you can have at one time.

California Medical Marijuana Card Program

California was the first state to legalize medical cannabis in 1996. The state’s Medical Marijuana Identification Card (MMIC) is available through county offices. If you want a card, you need to fill out an application with the following documentation:

• Copy of medical recommendation
• Proof of identity
• Proof of residency

An application takes up to 35 days to process. A card is valid for up to a year and must be renewed annually. Once you have a card, it allows for possession and medical marijuana use. A cannabis card enables you to grow a limited number of pot plants. You can also buy medical cannabis products from cannabis dispensaries without having to pay sales tax or use tax.

What Are the Penalties for Having Medical Marijuana Without a Card?

In a state with medicinal marijuana but not recreational marijuana, not having a prescription can lead to penalties. Many states have decriminalized possession of small amounts of marijuana. You could get an infraction, like a traffic ticket. In some states, marijuana possession is still a misdemeanor. That could mean up to a year in jail and a fine.

States With Recreational Cannabis Laws

In an increasing number of states, individuals over the age of 21 can purchase, possess, and use marijuana recreationally.

Many medical marijuana patients still use recreational marijuana to treat medical conditions. Recreational laws have made it easier to get pot without having to get a card. Recreational state laws still generally limit the amount that you can have and where you can consume pot.

Some states have passed legislation for legal recreational pot, but the laws have not yet gone into effect. Some of the 24 states that have passed recreational marijuana laws include:

• Alaska
• Arizona
• California
• Colorado
• Illinois
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Jersey
• Oregon
• South Dakota
• Vermont
• Washington
• Washington, D.C.

What Are Low THC/CBD Laws?

A handful of states offer limited cannabis products for medical purposes. Generally, cannabis products have low levels of tetrahydrocannabinol (THC) and high cannabidiol. As of mid-2023, these states include:

• Georgia
• Indiana
• Iowa
• Kansas
• North Carolina
• South Carolina
• Tennessee
• Texas
• Wisconsin
• Wyoming

How Can a Medical Marijuana Lawyer Help?

The police may still try and arrest you for marijuana possession even if you can legally buy marijuana in your state. You should not have to go to jail just for trying to treat a medical condition. Discuss options with a medical marijuana defense attorney.