How Does a Person Become an Authorized Medical Marijuana Provider?

The rules for becoming an authorized medical marijuana provider vary by state. Some states allow dispensaries, clubs, or cooperatives to provide marijuana to patients. However, some states greatly limit who can provide medical cannabis.

The state rules for dispensaries even change from county to county and city to city. Some localities have bans on dispensaries, even when it is legal under state law. It can be challenging to discover how to get a license to become an authorized medical marijuana provider.

Additionally, weed is still an illegal controlled substance under federal law. It is important to get accurate and up-to-date legal advice before becoming a provider. State laws and regulations can be tricky to navigate. Doing the wrong thing can even lead to criminal drug charges. Talk to a medical marijuana lawyer for information about becoming an authorized provider.

Medical Marijuana Provider Terms

There are a lot of individual terms and participants in medical marijuana programs. This includes:

• Patients
• Growers
• Property owners
• Processors
• Dispensaries
• Health care practitioners
• Medical marijuana caregivers

Depending on the state, these individuals may play a role in possessing or providing marijuana for medical use. Patients may need a recommendation from a licensed physician, nurse practitioner, or health care provider to get a medical marijuana card. With an ID card, a patient with a qualifying medical history can use, purchase, and possess medical marijuana.

Different states have different laws on qualifying conditions for the use of medical cannabis. Qualifying medical cannabis patients may include people suffering from:

• Amyotrophic lateral sclerosis (ALS)
• Chronic pain
• Crohn’s disease
• Epilepsy
• Glaucoma
• Multiple sclerosis
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)

Once a patient qualifies, they may be able to get marijuana from their medical marijuana doctor, dispensary, or by growing their own pot. Some states have restrictions on the levels of THC and CBD in cannabis products.

Opening a Medical Pot Dispensary

Each state differs in regulating medical marijuana dispensaries. Dispensaries may be not-for-profit, collectives, co-ops, or for-profit businesses. The application process for certification can be complex and take a long time. States often limit the number of dispensaries that can open. A state may say that no new dispensaries can open until others close. Some of the restrictions and requirements may include:

• Being located a minimum distance from a school
• Being located a Minimum distance from another dispensary
• Zoning restrictions for where to establish commercial property
• City or county prohibitions on dispensaries
• High application fees
• Lab testing requirements
• Criminal background checks
• Cannabis tracking system fees
• Reporting requirements
• Destruction and disposal requirements

Many states now also allow recreational pot. Some dispensaries only provide for medical patients, and others may be eligible to sell for recreational use or medicinal use. Recreational dispensaries may have to operate under different regulations than a medical dispensary.

For information on certifying your business, check with your state Department of Health.

Caregiver Requirements

In some states, a caregiver can also buy and possess medical marijuana to provide to qualifying patients. For example, in California, the primary caregiver is the person who “has consistently assumed responsibility” for the housing, health, or safety of a medical marijuana patient with a qualifying medical condition.

Patients may be able to name up to two or three caregivers. Caregivers are protected from criminal prosecution for possession of medical marijuana. The primary caregiver still may need to have a registration card to buy, possess, or grow pot for medical marijuana treatment.

Unauthorized Medical Marijuana Providers

If someone does not take the application steps to become an authorized provider, they may face criminal penalties. Delivery of a small amount of marijuana may be an infraction or a misdemeanor. However, the sale, possession, or cultivation of larger amounts of pot may be a felony. There may be greater penalties for selling to a minor, dealing near a school, or having prior drug convictions.

Legal Advice for Providing Medical Cannabis

Medical cannabis laws can be confusing, and they are constantly evolving. California legalized cannabis for medical use back in 1996. Some states are still figuring out how to implement new medical cannabis programs. With the changing laws, it is important to get information from a lawyer who understands state and local regulations.

Making a mistake in becoming a provider can lead to criminal and civil charges. These can include the closing of your business, causing serious financial harm.

There are several legal defenses available to criminal drug charges that can help you avoid a criminal record. If you have been accused of violating medical cannabis laws, contact a medical marijuana lawyer for advice.