When Can You Legally Use Medical Marijuana?

Depending on the laws in your state, you may be able to legally use medical marijuana for the treatment of certain medical conditions. Marijuana remains a controlled substance under federal law. However, individual states have created their own legislation to make it legal and regulate its use for medicinal purposes.

You can still face criminal charges involving medical marijuana for illegal activity. This depends on state laws. Talk to a local medical marijuana lawyer to find out about your state laws.

What Is a Medically Qualifying Condition?

Every state defines which medical conditions a patient must have to qualify for the use of medical marijuana. These lists differ from state to state. Some examples of qualifying medical conditions include:

• Amyotrophic lateral sclerosis (ALS)
• Cancer
• Crohn’s disease
• Chronic pain
• Epilepsy
• Glaucoma
• HIV or AIDS
• Migraines
• Muscle spasms
• Multiple sclerosis (MS)
• Nerve or spinal cord damage
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)
• Severe nausea
• Spasticity

Are There Residency and Registration Requirements?

Each state takes its own unique approach to medical cannabis. Some basic requirements apply to most patients. You can find these requirements in your state’s laws and regulations. You may be able to access them online through a state agency or a department of health in charge of your state’s medical marijuana program.

Residency Requirements

Many states require a patient to be a resident of the state for medical marijuana licensure. This can require showing proof of residency, like a driver’s license, health insurance card, or utility bill.

Qualifying Patient Documentation

Like when you go to the pharmacy, most states require a patient to have a prescription from a doctor, practitioner, or other caregiver. Other states require medical marijuana patients to have a written statement, certification, or verbal authorization.

A physician may be responsible for submitting paperwork for a patient to purchase from a marijuana dispensary.

Do You Have to Register With the State?

You may have to register with the state department or public health care agency in charge of the state’s medical marijuana program. This is protected health information (PHI). The state must maintain the information in compliance with the Health Insurance Portability and Accountability Act (HIPAA).

How Can I Get a Medical Marijuana Card?

Some states require users to have a medical marijuana card to purchase from a medicinal marijuana dispensary. These cards may have expiration dates. You may have to renew your card to continue to buy medical marijuana legally. Identification cards also serve as a way to show law enforcement that you can legally have marijuana.

Some states limit the amount of medical marijuana you can buy versus recreational marijuana. Some dispensaries only serve registered patients and may require you to show your ID before entering the dispensary.

Limitations on Medical Marijuana Use

Although its medical use may be allowed under certain circumstances, other uses of marijuana may be criminal. This means that even if you are properly diagnosed and registered, you could find yourself facing criminal charges if you sell the pot or are growing too many cannabis plants.

Patient Possession Limits

Knowing the amount of medical marijuana you may possess at one time in your state is essential. Most conditions set a specific limit in the form of ounces. Others limit the amount of marijuana one patient may have based on the number of days supply.

State law may also control the form of medical marijuana. State statutes limit the amount you can possess in dried flower, oil, pill, tinctures, or edible form. Some states limit the amount of tetrahydrocannabinol (THC). A few states prohibit patients from growing or limit where and how many plants they can have.

How Can Out-of-State Patients Use Medical Marijuana?

Medical marijuana may be legal in your home state, but it may be different in a neighboring state. Generally speaking, it is a crime to bring marijuana across state lines since it is still a controlled substance under federal law.

Some states don’t recognize non-resident medical marijuana cards or allow out-of-state visitors to purchase medical marijuana. However, a growing number of states allow out-of-state users to purchase marijuana for recreational use. If you are facing criminal charges related to medical cannabis, a medical marijuana defense attorney can represent you in court. Contact a medical marijuana attorney for legal advice.