Millions of people now use medical cannabis thanks to more than two-thirds of the states and the District of Columbia passing laws to that effect. State regulations almost always include qualifying conditions lists. Conditions not on a state’s list are ineligible for medical cannabis therapies. But where does that leave patients?
As a patient yourself, you might be wondering if you can still use medical cannabis even without a qualifying condition. The answer is both ‘yes’ and ‘no’. It really depends on how you look at it and what you are willing to do.
You Can Use It Illegally
If you live in a medical-only or prohibitionist state, you can still use medical cannabis as long as you can get access to it. But you would be doing so illegally. Technically, you can use. But you cannot do so without breaking the law. It is something I would never recommend. And in fact, I am not recommending it here. I am just letting you know that it can be done.
You Can Use Recreational Marijuana
Nearly two-dozen of the states with active medical cannabis programs also allow recreational marijuana. In such states, you could self-treat with recreational-grade marijuana rather than medical-grade cannabis. You do not even need a special patient registration card.
Incidentally, this is one of the ironies of relying on medical cannabis as a steppingstone to recreational consumption. Once the fetters are taken off recreational users, there is little incentive for consumers to go through the hassles of obtaining medical cannabis. They can just go down to the recreational dispensary and purchase whatever they want.
Qualifying Conditions Lists
What if you do not want to use illegally and your state does not offer a recreational market? Your last option is to dig into the details of your state’s qualifying conditions list. There may be something in those details you have previously missed.
The operators of Utahmarijuana.org say that the Beehive State’s list is pretty typical. Utah allows treating persistent pain, acute pain, PTSD, cancer treatment symptoms, epilepsy, nausea, and a number of other conditions with medical cannabis. But there is an interesting caveat in state rules.
Utahmarijuana.org explains that the regulations allow patients and their doctors to petition the Compassionate Use Board when medical cannabis is desired for a condition not on the state list. In simple English, you might still have access to medical cannabis in Utah if your doctor agrees that it would be the best treatment for your condition AND his professional opinion is enough to convince the Compassionate Use Board.
‘Any Other Condition’ Language
Utah is not the only state that allows exceptions to its qualifying conditions list. Its regulatory language may differ from that of other states, which is why it is always a good idea to scan state regulations for ‘any other condition’ language. Many states have included language allowing medical cannabis for other conditions as deemed necessary by a doctor.
Also bear in mind that there are different procedures for gaining access to medical cannabis through such an exception. In Utah, the procedure involves petitioning the Compassionate Use Board. In another state, a doctor’s affidavit may be enough. There is no hard and fast rule governing exceptions in every state.
Can you legally use medical cannabis even without a qualifying condition? Perhaps. It depends on how the law is written in your state. The final answer to all such questions is this: get a copy of your state’s regulations and study them carefully. The misinformation you are looking for will ultimately be found within their text.
