How to qualify for Medical Marijuana?

The laws on medical marijuana are controversial and subject to change. But, as of 2009, the thirteen states with medical marijuana laws include: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Use of marijuana for medical reasons is recognized and at least taken into consideration in criminal cases within all these states, with the most permissive allowing qualified residents to grow, buy or use marijuana for certain conditions with the recommendation of a doctor.

Difficulty: Moderately Easy

Instructions

1. Get a diagnosis. There are several diseases and conditions that are recognized as responsive to medical marijuana. Among the most common of these are chronic pain, glaucoma, cancer, AIDS/HIV, chronic muscle spasms, multiple sclerosis, seizures, Crohn's disease, chronic nausea, cachexia, asthma, IBS, hepatitis C, Parkinson's and arthritis. Check the laws of your state or ask a licensed physician if your condition qualifies for medical marijuana in your state.

2. Find a doctor. Not all doctors are willing to give recommendations for medical marijuana. In fact, most aren't. The first step in qualifying for medical marijuana is finding a licensed doctor that will, which usually isn't too difficult because those who are tend to advertise this fact. If you're having trouble locating a doctor, visit a local dispensary. Some have staff doctors and they certainly can refer you to a doctor in the area.

3. Get a recommendation. The doctor that diagnoses your condition does not need to be the same one that gives you a recommendation for medical marijuana. But, the recommendation must come from a licensed physician who reviews your records and your current physical condition and is willing to take responsibility for some aspect of your care, whether it's treatment, diagnosis, counseling or referral.

4. If necessary, apply for the proper identification. In most states, the physician's written recommendation is enough to protect against arrest for possession under state laws. Residents are on their own in procuring marijuana. California is the first, and so far only, state to allow legal dispensaries of marijuana but participation in the program requires application for a medical marijuana ID card through the county of residence.

Tips & Warnings

• In California, the county cannot evaluate your application for a medical marijuana ID without authorization to access your medical information. The release must be accompanied with a written statement from a doctor that has confirmed your diagnosis and recommended treatment with medical marijuana. Double check the limits on possession and cultivation in your state, because qualifying for medical marijuana is not a license to have unlimited amounts.
• Qualifying for medical marijuana makes it legal to possess limited quantities of marijuana for specific uses. Possession remains illegal under federal law and qualification under a state program does not provide immunity from federal prosecution. In Maryland, use of marijuana for medical purposes is an affirmative defense for marijuana-related prosecution. If this defense is successfully argued, the maximum penalty is still a $100 fine.

References

• THCF Medical Marijuana Clinics - FAQ
• Patient (Applicant) Responsibilities
• Medical Use

Resources

• Active State Medical Marijuana Programs
• Medical Marijuana Frequently Asked Questions
• California Medical Marijuana Program

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