When Is a Medical Marijuana Dispensary Legal?

Medical and recreational pot laws have changed a lot over the past 20 years. The majority of states now allow the legal use of medical marijuana. A growing number of states have legalized the recreational use of cannabis. Eligible individuals in those states can buy marijuana from a dispensary. However, how are you to know when a medical marijuana dispensary is legal?

In most states, medical cannabis dispensaries are licensed and regulated by local and state laws. A medical marijuana lawyer can help you understand the cannabis dispensary laws where you live.

Are Medical Marijuana Dispensaries Legal?

Under federal law, marijuana is still an illegal controlled substance. As of 2023, 38 states and the District of Columbia allow marijuana for qualifying medical conditions. Dispensaries can go by several names, including collectives and cannabis clubs.

Some states are making it much easier than others for qualified patients to get access to legal marijuana products. Washington, Montana, Oregon, and Oklahoma have high rates of dispensaries per capita. However, most states still restrict the opening of dispensaries.

Some states require patients or caregivers to get cannabis products from their doctors. Other states restrict the number of medical dispensaries. A few states only offer low tetrahydrocannabinol (low-THC) or cannabidiol (CBD) concentrates. Other states are still trying to figure out medical cannabis laws after voter approval.

Even when state law allows for medical marijuana dispensaries, local county and city laws may limit openings. Check out your state’s medical marijuana laws to find out about your medical marijuana program operations.

Dispensing Medical Cannabis to Customers Without Qualifying Conditions

A medical dispensary can get into trouble for selling cannabis to non-medical customers. If you’re a medical marijuana patient, you must have a qualifying condition, such as:

• HIV/AIDS
• Amyotrophic lateral sclerosis (ALS)
• Cancer
• Chronic pain
• Glaucoma
• Post-traumatic stress disorder (PTSD)
• Seizure disorders
• Crohn’s disease
• Multiple sclerosis
• Severe nausea

Depending on state law, dispensaries may also need to see the patient’s medical marijuana card. Patients may need an ID card that shows they can buy marijuana for medical purposes.

Penalties for Non-Compliant Dispensaries

Medical cannabis programs are legal in most states. However, operating an unlicensed dispensary can result in severe penalties. Criminal charges include federal felonies for manufacturing, delivery, and distribution of marijuana.

States also have options for penalizing unlawful dispensaries and growers. The state Department of Health can issue citations, revoke a business license, or seize cannabis plants.

Dispensaries often work with larger amounts of marijuana. Delivery of an ounce or less of marijuana may be a citation or misdemeanor. However, delivery or distribution of large amounts of marijuana may be a felony crime. As a felony, marijuana distribution or sale may be punishable by up to five years in prison or more. Other factors that can increase jail time and fines include:

• Dispensing within 1,000 feet of a school
• Selling to a minor
• The offender’s prior record
• Whether other illegal drugs were also involved

In addition to jail time and fines, the defendant may also have their property seized by the state. Any vehicles or property used in distribution or drug sales may be subject to criminal or civil forfeiture. Drug offenses, including marijuana distribution, may also result in a suspended driver’s license.

If an illegal dispensary is moving cannabis across state lines, the owners could face federal drug charges. There is no medical exemption for cannabis under federal law. Federal prosecutors can still prosecute federal cannabis violations. The penalties for federal drug trafficking may be much more severe than state law.

For example, the sale of a pound of marijuana is a federal felony, punishable by five years in prison and a $250,000 fine. The sale of 50 kilograms or more of cannabis is punishable by up to 20 years in prison and a $1 million fine.

Can You Get Help for an Illegal Dispensary?

The state, county, and local laws surrounding legal medical cannabis can be confusing. Unsurprisingly, some entrepreneurs or people who want to provide pain relief get into trouble with the law over a simple mistake.

If you have been accused of illegally operating a dispensary, you must take the charges seriously. Your criminal defense lawyer may have a strong legal defense strategy for your case.

For example, if law enforcement did an illegal search of your house, your attorney may be able to suppress any evidence. Consult with a medical marijuana defense attorney as soon as possible to discuss your rights and options. It can make a difference in whether your business remains open.