How many of us give any consideration to the legal aspects of using a prescription antibiotic? Probably none. We are so used to antibiotics that we do not even think about them. But things are different in the medical cannabis realm. Because medical cannabis is treated differently, not paying attention to the legal aspects can get a person in trouble fairly quickly.
Whether you call it medical cannabis or just plain marijuana, the drug is regulated at the state level. Regulations differ from one state to the next. More importantly, state regulations conflict with federal laws on multiple planes. So it’s not enough to know how to get your hands on a medical cannabis card. There are legal ramifications of doing so. Every medical cannabis user should know and understand them.
Purchase and Possession Limits
A state-issued medical cannabis card is not a license to do anything a person wants. It is certainly not a license to traffic in marijuana. In order to prevent illegal activity, states with medical cannabis programs have enacted purchase and possession limits. Let us look at Utah as an example.
According to the Beehive Farmacy in Salt Lake City, purchase and possession limits are accounted for in two ways. First, a patient may not purchase or possess more than is necessary to provide 30 days of treatment based on medical provider recommendations. Second, possession may not exceed:
- More than 113 grams of unprocessed plant material.
- More than 20 grams of combined THC in various medication forms.
Even with a medical cannabis card, a patient is not allowed to exceed these limits. Being caught with more medical cannabis than is allowed under the rules is a crime.
Exclusively for Patient Consumption
Medical cannabis patients are not legally allowed to share their medications with others. Susie cannot purchase medical cannabis and then give it to John. A married man cannot share marijuana with his spouse; mom and dad cannot give medical cannabis to their children.
The cannabis obtained with a medical cannabis card is for the exclusive use of the card holder, with one exception: caregivers who have cards for the purposes of purchasing cannabis on behalf of someone else.
Traveling With Cannabis
A big stumbling block for many medical cannabis patients is travel. For the time being, cannabis is a Schedule I controlled substance under federal law. As such, it cannot be legally carried across state lines. That means taking medical cannabis with you on vacation is illegal if you leave your state.
Medical cannabis also is not allowed on airplanes, trains, and cruise ships. As for international travel, don’t even think about it. Getting caught in an airport or Customs while in possession of marijuana could land you in very hot water.
Limited Workplace Protections
Because cannabis is still a Schedule I substance, workplace protections for legitimate patients are limited. Many states have implemented protections for public employees. They have the legal right to do so. But states do not have the right to compel private sector employees to accommodate medical cannabis users.
Under federal law, private employers are allowed to establish and enforce their own drug policies. That means private employers can prohibit medical cannabis consumption and discipline employees who violate workplace policies against cannabis.
This post has just scratched the surface when it comes to the legal implications of using medical cannabis. If you are a medical cannabis patient, do not ignore these things. Ignorance leads to mistakes, and mistakes could lead to further trouble with the law. It’s just not worth it when the rules are so easy to understand.
