Main » Medical Marijuana in Montana
Medical Marijuana in Montana
QUESTIONS
ANSWERS
  1. Can doctors get in trouble for discussing medical marijuana?
    No, not under state law.

    A physician may not be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by the board of medical examiners or the department of labor and industry, for providing written certification for the medical use of marijuana to qualifying patients.


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  2. Can I grow my own medical marijuana?
    Yes. Patients - or their registered caregiver - who are approved by the state and carry patient registry identification cards may grow up to 6 plants.
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  3. Can I use medical marijuana at work?
    Very likely not. Even if you are a registered patient, your employer may still forbid medical marijuana use in the workplace.


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  4. Can patients form growing cooperatives?
    The law does not specifically allow for this, however it's a common arrangement in other states.

    Whether state government tolerates medical marijauna cooperatives of any type in Montana remains to be seen. Anyone considering this should most certainly consult their attorney beforehand.

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  5. Can the police search me just for having a patient registry card?
    No.

    Possession of or application for a registry identification card does not alone constitute probable cause to search the person or property of the person possessing or applying for the registry identification card or otherwise subject the person or property of the person possessing or applying for the card to inspection by any governmental agency, including a law enforcement agency.
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  6. How can I be a caregiver and grow marijuana for patients?

    To be a caregiver, you will need to register your personal information (name, address, and date of birth) with the state. A qualifying patient needs to name you specifically at the time he or she registers as a patient. Persons convicted of a felony drug offense are not eligible to be caregivers.

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  7. How do I register as a medical marijuana patient with the state?
    Patients must register with the Montana Department of Health and Human Services (444-5622 / www.dphhs.state.mt.us) to be a legal medical marijuana patient in Montana.

    To register, the patient must provide:

    (a) written certification that the person is a qualifying patient;
    (b) an application or renewal fee;
    (c) the name, address, and date of birth of the qualifying patient;
    (d) the name, address, and telephone number of the qualifying patient's physician; and
    (e) the name, address, and date of birth of the qualifying patient's caregiver, if any.
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  8. How much is the registration fee?
    The state medical marijuana registry registration fee, which must be renewed annually, has not yet been determined.
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  9. How much medical marijuana may I possess?
    A qualifying patient and that qualifying patient's caregiver may not possesses more than six marijuana plants and 1 ounce of usable marijuana each.

    "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.

    Therefore, the law seems to indicate that up to one ounce of hashish (concentrated marijuana resin extract) would be allowed. Whether the state will in practice allow this remains to be seen.
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  10. I am a valid medical marijuana patient under another state law. Am I protected?
    Yes.

    A registry identification card or its equivalent issued by another state government to permit the medical use of marijuana by a qualifying patient or to permit a person to assist with a qualifying patient's medical use of marijuana has the same force and effect as a registry identification card issued by the department.
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  11. I am too ill to grow my own medical marijuana, and need a caregiver.
    The law provides for a system of designated caregivers.

    The caregiver's name, address, and date of birth must be provided to the state at the time of patient registration.

    The department shall issue a registry identification card to the caregiver who is named in a qualifying patient's approved application if the caregiver signs a statement agreeing to provide marijuana only to qualifying patients who have named the applicant as caregiver. The department may not issue a registry identification card to a proposed caregiver who has previously been convicted of a felony drug offense. A caregiver may receive reasonable compensation for services provided to assist with a qualifying patient's medical use of marijuana.

    A qualifying patient and that qualifying patient's caregiver may not possesses more than six marijuana plants and 1 ounce of usable marijuana each.
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  12. Is there a list of doctors I can talk to?
    There is no published list currently. Your primary care physician or the specialist most familiar with your condition would be good places to start.

    However, a doctor's certification is not necessarily required by the law. Here is the exact requirement for written certification:


    "Written certification" means a qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.


    So, if your medical records substantially demonstrate that you suffer from a qualifying condition, they should stand on their own and be recognized by the state as written certification.

    UPDATE 02-01-2005: Patients have tried this and the state has denied their application, claiming (interestingly) not that a physician's statement is required, but rather than the state does not have a physician on staff to review patient records.

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  13. What age limits apply?
    Registered caregivers must be 18 or older.

    Patients, if under 18, must additionally have the consent of their parent or guardian responsible for medical decisions. The parent or guardian must be the registered caregiver of the minor patient.


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  14. What does the initiative actually say?
    The full text of I-148 is available here:

    http://montanacares.org/pdf/MT_Init_148_2004.pdf


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  15. What if I'm busted as a unregistered medical user?
    The law provides for an affirmative defense, which means you can attempt to prove that the marijuana use was medical in nature after being charged with a marijuana-related offense:

    Section 7. Affirmative defense. Except as provided in [section 6], it is an affirmative defense to any criminal offense involving marijuana that the person charged with the offense:
    (1)(a) has a physician who states that or has medical records that indicate that, in the physician’s professional opinion, after having completed a full
    assessment of the person’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the potential
    benefits of medical marijuana would likely outweigh the health risks for the person; or
    (b) provides marijuana to a person described in subsection (a) if the person does not provide marijuana to anyone for uses that are not medical;
    (2) is engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the
    consumption of marijuana to alleviate the symptoms or effects of the medical condition of the person identified in subsection (1)(a); and
    (3) possesses marijuana only in an amount that is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of alleviating
    the symptoms or effects of the medical condition of the person identified in subsection (1)(a).
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  16. What medical conditions are eligible?
    To be considered, patients must suffer from a debilitiating medical condition, defined as:

    (a) cancer, glaucoma, or positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these
    conditions;
    (b) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
    (i) cachexia or wasting syndrome;
    (ii) severe or chronic pain;
    (iii) severe nausea;
    (iv) seizures, including but not limited to seizures caused by epilepsy; or
    (v) severe or persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis or Crohn's disease; or
    (c) any other medical condition or treatment for a medical condition adopted by the department by rule.
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  17. What written certification must I provide to be eligible?
    "Written certification" means a qualifying patient's medical records or a statement signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

    In other words, either a doctor must certify in writing that you have a debilitating medical condition and the benefits of medical marijuana would likely outweigh the risks, OR your medical records must clearly demonstrate that you suffer from a qualifying medical condition.

    UPDATE 02-01-2005: Patients have tried presenting their records instead of a physician's statement, and been denied. The state says it does not have the resources to review records.

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  18. When did I-148 pass?
    I-148, the Montana Medical Marijuana Act, passed on November 2, 2004, by a vote of 62% of Montanans.

    Full election results are here: http://network.ap.org/dynamic/files/elections/2004/general/by_county/ballot_other/MT.html?SITE=MTMISELN&SECTION=POLITICS
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  19. Where can I consume medical marijuana?
    Presuming you are registered with the state patient registry and carrying your registry identificaion card, you may consume medical marijuana on your property, or elsewhere. However, the law does not permit:

    (a) any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of
    marijuana; or
    (b) the smoking of marijuana:
    (i) in a school bus or other form of public transportation;
    (ii) on any school grounds;
    (iii) in any correctional facility; or
    (iv) at any public park, public beach, public recreation center, or youth center.


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  20. Where do I get seeds? Where do I get plants? Where do I get a bag of medical marijuana?
    The law does not provide for supply at all.

    That means that patients may continue to acquire marijuana through their black market sources, though such a supplier is not protected in any way.

    In the future, patient cooperatives may form, pooling resources of multiple patients and caregivers to ensure a safe and continuous supply of medical marijuana.




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  21. Who has access to the patient registry list?
    The state shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list must be confidential and are not subject to disclosure, except to:

    (a) authorized employees of the department as necessary to perform official duties of the department; or

    (b) authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry
    identification card.
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  22. Will my medical insurance cover medical marijuana?
    Probably not.

    The law specifically excludes government and private insurance entities from being required to cover any costs associated with medical marijuana.
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  23. Will paraphernalia associated my medical use also be protected?
    Yes.

    In Section 7 of the law, asserting medical use of your "paraphernalia relating to the consumption of marijuana" is an affirmative defense, provided that you have a qualifying condition and possess a reasonable amount for your medical use.

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