States that allow medical cannabis do not allow just anyone to use it. Eligible patients must apply for a medical cannabis card before they can purchase and use their medicines. Eligibility requirements differ from one state to the next. The same goes for legal protections.
All state medical cannabis cards offer legal protection in terms of purchase, possession, and consumption. Some states offer additional protections as well. Because state laws differ, a patient would have to contact his state’s regulatory agency or a local attorney to learn more about applicable legal protections.
Purchase Protection
Let’s begin with the most obvious legal protection: purchase protection. As long as a patient with a valid card purchases medical cannabis from a licensed pharmacy, he can do so without fear of arrest or prosecution. The key is purchasing at a pharmacy. There is no legal protection for purchasing cannabis from the black market. Doing so is illegal whether a patient has a medical cannabis card or not.
Possession Protection
Granting patients purchase protection would be useless if possession protection were not also included. But no worries, it is. In simple terms, medical cannabis patients are allowed to possess a certain amount of cannabis whether they are at home, at work, enjoying a recreational activity, or just walking down the street.
In relation to this particular legal protection, it is crucial that patients carry their medical cannabis cards with them whenever they are in possession of cannabis. The card is proof to the authorities that a person can legally possess cannabis. In many states, police officers can ask to see a patient’s card. Patients are required to produce it on request.
Consumption Protection
A medical cannabis card demonstrates a patient’s legal right to consume medical cannabis. A patient can’t be arrested or prosecuted for consuming, especially in the privacy of his own home. Some states do have prohibitions against consuming certain forms of medical cannabis in public places.
Workplace Protections
Workplace protections are a growing concern among medical cannabis patients. Very few states offer any such protections to patients who work for private-sector employers. Some have public sector protections in place. Utah is one such state.
Salt Lake City’s BeehiveMed says that lawmakers addressed the workplace problem a couple of years ago after a firefighter was threatened with job loss once it was learned he had a medical cannabis card. The firefighter sued and won his case. Lawmakers subsequently amended the regulations to protect public sector employees in the future.
With few exceptions, public sector workers are now protected against discrimination, discipline, or unfair treatment based on medical cannabis use. Employers must treat medical cannabis like any other prescription medication. As long as it does not create a safety hazard or interfere with an employee’s ability to work, employers must let it go.
Not an Open-Ended License
Before closing this post, it is important to mention that a medical cannabis card is not an open-ended license. It offers limited legal protections without giving patients the freedom to do whatever they want. For example, a card is not a license to buy black market cannabis. It is not a license to buy medical cannabis and sell it to someone else. Patients cannot even legally give medical cannabis to friends or family at no charge.
Medical cannabis cards do come with certain legal protections. Those protections vary from state to state. It’s up to the patient to understand what is and is not legally allowed when in possession of a card. Even with a valid card, it’s possible for patients to violate the law.