Medical Marijuana Club Card Lawyers
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What Is a Medical Marijuana Club Card?
A medical marijuana club card allows a person to purchase medical marijuana at an authorized dispensary of medical marijuana. These private dispensaries are known as “medical marijuana clubs” or “medical cannabis clubs”. Many states allow cannabis clubs to operate within the confines of local and state laws. Consumers of medical cannabis are typically required to obtain a medical marijuana card in order to purchase medical marijuana at a dispensary.
Medical marijuana club cards usually must be supported by a physician’s note which states the person’s medical reason for marijuana use. Marijuana is frequently prescribed in connection with serious ailments such as glaucoma, chronic pain, HIV/AIDS, and cancer treatment.
Will a Medical Marijuana Card Keep Me from Getting Criminal Charges?
Even though state laws may allow for the personal consumption of medical marijuana, federal laws still treat marijuana as a Schedule I controlled substance (the same level as heroin). Thus, a person could receive federal charges for marijuana possession even if the laws of their state allow for possession and medical usage.
The possession of medical marijuana for personal use has been decriminalized by as many as 12 different states. The laws of these states typically allow persons to purchase, possess, and use marijuana, but only for personal medical purposes. The state laws may also allow dispensaries to distribute medical marijuana, again only for medical usages.
Thus, obtaining a medical marijuana card may protect you from state criminal charges, but it will not prevent federal authorities from filing criminal charges against you. Also, medical marijuana cards only apply to personal use for medical treatment. Simply owning a medical cannabis card does not authorize the holder to distribute marijuana or to consume the substance for reasons other than medical treatment.
Finally, medical marijuana cards do not authorize a person to use medical marijuana in public places or at the workplace. In particular, having a medical marijuana card may not excuse a person from mandatory drug testing if this is required by an employer.
Are Medical Marijuana Cards legal in My State?
As of 2014, twenty-one jurisdictions will have regulations which legalize medical marijuana. These jurisdictions are: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington and D.C.
Out of those 21 jurisdictions, five states do not issue medical marijuana cards. These states are: Delaware, Iowa, Maine, Maryland, and Washington. Massachusetts will accept physician letters in place of medical marijuana cards until the state begins issuing the cards.
Thus, each state may have different rules regarding the sale, possession, use, and distribution of marijuana for medical purposes. However, each state may differ as to whether they actually require medical marijuana cards. Also, even within a given state, the marijuana laws may differ according to county. You may wish to check the laws of your area regarding local marijuana laws and policies.
Finally, some states do not decriminalize marijuana usage at all. Most states still treat possession as a criminal charge, although proof of medical use may result in a more lenient sentence, such as a fine instead of jail time
Can I Use My State’s Medical Marijuana Card in Other States?
It depends on what state you are in. Only six states permit the use of out of state cards to validate the use of medical marijuana in the state the patient is in. Of these six states, four of them have conditions on the use of out of state cards. These states, and their conditions, are:
- Arizona - cannot use out of state card to purchase marijuana in Arizona.
- Delaware - can only be used to obtain visitor’s card from Delaware’s Department of Health and Social Services.
- Maine - cannot use out of state card to purchase marijuana in Maine.
- New Hampshire - cannot use out of state card to purchase marijuana in New Hampshire.
- Rhode Island
Montana used to permit out of state medical marijuana cards, but in 2011 Montana changed it laws so that only Montana state medical marijuana cards permits the use of medical marijuana in Montana.
Do I need a Lawyer if I am Charged With Possession of Medical Marijuana?
If you feel that you have been wrongfully charged with a violation of medical marijuana laws in your state, you may wish to find a criminal lawyer for advice. Medical marijuana laws are different in every state; your attorney can help determine your rights under local laws.
Also, some medical patients require a legal representative if their condition prevents them from making important medical and legal decisions on their own. An attorney can also act as a representative for you or a loved one if you need to make a decision that may affect your personal rights.
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Last Modified: 11-22-2013 03:36 PM PST
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