Trying to understand state medical cannabis laws can be a challenge if you are not up on your legal terminology and phrasing. For example, do you know what a condition of the ‘same kind or class’ is? It is a good thing to know if you’ll live in a state that recognizes such conditions.
Understanding conditions of the same kind or class starts with the knowledge that states publish qualifying conditions lists for medical cannabis. To be eligible for a medical cannabis card, a patient must be diagnosed with a condition on his state’s list. Those lists vary from one state to the next.
Conditions of the Same Kind or Class
Chronic pain is the most often cited condition on medical cannabis card applications. It is the number one reason people use cannabis medicinally. Do you know the number of medical conditions that can cause chronic pain? It’s astronomical.
Fibromyalgia is one such condition. And in fact, pain is not a symptom of fibromyalgia. Pain is the condition itself. So while some states include fibromyalgia on their qualifying conditions lists, there really is no need to do so if their lists also include chronic pain.
This illustrates the idea of conditions of the same kind or class. Such a condition is comparable to a debilitating condition already on a state’s list yet not explicitly named itself. Here’s the thing: some states allow doctors to recommend medical cannabis for conditions of the same kind or class. This gives them a lot of latitude in their recommendations.
What It Looks Like Practically
Florida is one of the states with the ‘same kind or class’ medical cannabis clause in its regulations. Medical providers have broad discretion to recommend cannabis for a long list of conditions that are not explicitly named on the state’s qualifying conditions list.
Cancer, epilepsy, and Crohn’s disease are all on Florida’s list. Now, imagine a Florida patient with a digestive system condition similar to Crohn’s disease in terms of its symptoms and debilitating nature. If a doctor determines that the benefits of treating with medical cannabis outweigh any potential health risks, he can make a recommendation for that patient even in the absence of that patient’s condition on the state list.
Even Broader Language in Other States
A ‘same kind or class’ clause gives doctors considerable leeway for recommending medical cannabis. But there are other states with even broader language in their regulations. Take Utah, for example. Here is text taken directly from the state’s qualifying conditions list as found on the Utah Department of Health and Human Services website:
- a rare condition or disease defined by the National Institutes of Health.
- a terminal illness or hospice care with a life expectancy of less than 6 months.
The site goes on to say that “Your medical provider can submit a Compassionate Use Board (CUB) petition if you’d like to use medical cannabis as a treatment for another medical condition that’s not on this list.”
Salt Lake City’s BeehiveMed explains that, for all intents and purposes, just about any medical condition for which a provider believes medical cannabis is appropriate could technically qualify under one of these three provisions. A patient might have to go through the Compassionate Use Board to be approved, but it’s an option if a patient’s condition is not explicitly listed.
If you’re a patient wondering if your medical condition qualifies, contact the agency that regulates medical cannabis in your state. You could also ask your doctor or hook up with a medical cannabis advocacy group in your state.
