If you’ve ever thought about trying medical marijuana to treat gnawing pain or to relieve symptoms of a chronic condition, you may have stopped because of some critical questions: Is medical marijuana legal where I live? Can I get in trouble using it?
If you live in the United States the answer is, it depends where you live and it is possible but not very likely.
Medical marijuana laws can be difficult to understand as many state regulations directly conflict with federal laws. In addition, attitudes towards marijuana or cannabis have changed radically in this country over the years, which has resulted in more and more states repealing laws banning cannabis. Even legal experts are struggling to keep up with which states are now allowing the sale and use of medical marijuana.
As a consumer, before considering marijuana as a medicine, you should speak to your doctor first to determine whether it is safe for you and likely to provide benefits. If you’ve got the green light, here’s what you need to know about medical marijuana laws in the United States.
State laws have priority
Laws passed in the United States in the 1930s made it illegal to buy, sell, or grow marijuana. The US government’s stance on the pot has not changed much since then. “It is illegal under federal law to buy, own, consume, or sell marijuana,” said Jonathan H. Adler, JD, professor at Case Western Reserve University School of Law and author of Marijuana Federalism: Uncle Sam and Mary Jane , a book on cannabis laws in the United States.
However, Adler says the risk that the federal government will prosecute a person for possession of cannabis is extremely low. Instead, federal agents are focusing more on large marijuana producers who sell it on the black market or anyone who sells cannabis to children, he says.
In addition, states can have their own laws regarding the sale and use of cannabis. Currently, medical marijuana is legal in 36 states as well as the District of Columbia and four US territories (Guam, the Mariana Islands, Puerto Rico, and the Virgin Islands). “Congress has repeatedly restricted the federal government’s ability to intervene in state medical marijuana programs,” says Adler. “So if you act in accordance with the laws of your state, you are still breaking federal law, but you are not at significant legal risk.”
A patchwork of laws
If you’re interested in medical marijuana, the first thing you need to do is find out if it’s legal in your state. For residents of two states, Nebraska and Idaho, and American Samoa Territory, the answer is simple: No. The remaining states and jurisdictions have a patchwork of laws that differ dramatically from one to another. However, states that allow the use of cannabis in any form all fall into one of three categories:
Only products that contain CBD are legal. Some states only allow the sale of products that contain CBD or cannabidiol, which is one of the two main ingredients in marijuana. The other main ingredient in cannabis is delta-9-tetrahydrocannabinol, better known as THC, which makes you feel “high”. While CBD extracted from cannabis is used in a prescription drug to treat epilepsy, less is known about its benefits in other health conditions.
Medical marijuana is legal. More than two-thirds of states have legalized marijuana for use as medicine, in large part due to increasing evidence that cannabis relieves diseases such as chronic pain and chemotherapy-induced nausea and vomiting. To source cannabis in a state that only allows the use of medical marijuana, you must first obtain a recommendation from a doctor or other health professional who is registered to do so in your state. In some states, such as Oklahoma, a doctor can recommend medical marijuana for any condition. Other states, like Montana, only allow patients with certain medical conditions (such as glaucoma and cancer) to qualify for a referral. The next step is to submit a medical recommendation to your state’s cannabis commission, who will issue a cannabis card for a fee. A cannabis card allows you to buy medical marijuana from a retailer known as a pharmacy.
Any adult can buy cannabis. A growing number of states allow any adult to purchase marijuana without a medical cannabis card. However, if your goal is to treat a disease, it still makes sense to speak to your doctor and obtain a medical cannabis card before using cannabis, says Debbie Churgai, executive director of Americans for Safe Access (ASA).
“This is especially important if you have a chronic illness or are taking other medications, as cannabis could interact with other drugs,” says Churgai. In addition, the ASA is committed to providing certain benefits to people who use cannabis for medicinal purposes, such as tax breaks, priority access to preferred products, and compassionate programs for people who cannot afford medical marijuana, says Churgai.
Other state differences
State laws regarding cannabis differ in a number of ways. When considering medical marijuana, make sure that you find out the following first:
- What form of cannabis is legal? Minnesota allows medical marijuana to be used, but smoking a joint or bonging is illegal; Cannabis is only allowed in liquid, pill, or vaporized form.
- How much cannabis you can own. In Arizona, a medical cannabis patient can have up to 2.5 ounces at any time, but in Florida the limit is 4 ounces.
- Whether you can grow pot at home, and how much. For example, in Ohio you can’t grow your own plants, but in Maine a household of two adults can grow up to a dozen plants.
- Whether your medical cannabis card is valid in a state you are visiting. For example, medical cannabis is legal in Missouri, but pharmacies in that state do not recognize medical cannabis cards outside of the state.
Protect yourself
Following a few other rules can protect you from legal risks when choosing to use medical marijuana.
- Do not drive while using medical marijuana. Driving under the influence of marijuana is illegal in every state, whether or not you have a medical cannabis card. ASA recommends taking medication upon arrival at your destination.
- Don’t cross state borders with cannabis. It’s illegal too, which means that if you’re flying from one state to another, don’t pack your pot. If the state you’re traveling to recognizes your medical cannabis card, you can buy medical marijuana during your visit, Churgai says, but only buy what you need as you won’t be able to take the leftovers home with you.
- Be suspicious of buying pot on the black market. Let’s say your son’s friend, Jason, grows weed and sells it. If you buy from him, it is an illegal transaction. “Just because marijuana can be legal for medical or recreational use in a state doesn’t mean anyone can sell marijuana to anyone,” says Adler, who explains that legal sellers must be licensed by the state. Additionally, cannabis sold in pharmacies is tested for quality and purity, skills Jason likely lack.
When federal law matters
Regardless of which state you live in, you can still be affected by federal laws against marijuana use. For example, if you live in government-subsidized apartments, this is taboo, says Churgai. If you’re planning on buying a gun, prior cannabis use is an issue: the background check required by the Bureau of Alcohol, Tobacco, Firearms and Explosives asks if you’ve used any illegal drugs and clearly states that the list includes marijuana says Adler. If your job requires government security clearance, if you have a medical cannabis card, you can be turned down. Eventually, since banks must comply with federal regulations, most won’t process credit card transactions for medical marijuana dispensaries. So when you buy cannabis, be sure to bring cash with you.
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