Medical marijuana is currently legal in 29 US States. When a state permits medical marijuana, it is up to local counties to then implement their own subset of rules and regulations in terms of medical marijuana usage. Because of this, the exact procedures for applying for a medical marijuana permit may differ from state to state and from county to county. The difference between a medical marijuana card and a medical marijuana permit is that a card allows you to obtain marijuana from a dispensary. A medical marijuana permit allows you to grow your own medical marijuana and sell it for business purposes.
How to Apply for a Medical Marijuana Permit
The rules and conditions on applying for a permit to sell medical marijuana vary state by state. In California, to sell medical marijuana it is necessary to register with the Board of Equalization for a seller’s permit. It is free to apply for, and both marijuana growers and medical dispensaries are required to obtain this permit. Every business must have a permit before the first sale has been made. If you have multiple outlets selling marijuana then you will need a permit for each one, but it is possible to obtain a multipurpose consolidated permit if you have many marijuana outlets. If your business is a health collective you may be exempt from having to apply for a permit. Taking California as a general example as to how to apply for a medical marijuana permit:
- Gather all necessary documentation about your businesses(es) and submit them to the Board of Equalization (BOE). Details of this documentation can be found on the BOE website.
- When approved, files sales and use return tax.
- Maintain records about your business including bills, invoices, orders, contracts and exemption certificates. As per the BOE these documents need to be kept for at least 4 years.
The BOE usually takes only 2 weeks to issue permits. The situation is much more difficult in Pennsylvania, though many are currently applying for licenses to sell medical marijuana. Applicants who are interested in growing medical marijuana need to undergo a federal and state criminal background check, provide a statement that they are of good moral character and describe their business. They are also required to pay fee of $210,000 and show proof of $2 million in capital. If the applicationis refused, $200,000 is refunded. Dispensary applicants must pay $35,000 for their permit. If the application is refused $30,000 is refunded.
Pennsylvania’s marijuana legalization leaves much to be desired. It was mainly motivated by money and politics. The state legalized only the most expensive of treatments and the perspective seems to be that marijuana should be legal in order to make as much profit for the state as possible. There is no reason to ban severely ill patients from using cannabis with a pipe or rolling papers. Unfortunately, if they want treatment, they will have to purchase what should be a very cheap plant from a medical dispensary, with a hefty price tag. The markup could be ten times what it would cost to make at home. There are only a certain number of permissible permits available in Pennsylvania, and it has been structured so that the state will benefit from all the rejected applications. Small individuals and local businesses are unable to make a bid.
How to Apply for a Medical Marijuana Card
What is generally needed for all medical marijuana applications is a state ID and some form of evidence from a certified doctor that you have the symptoms and need the treatment. The state ID can actually be from any state. Certain states are making it more difficult to simply obtain a medical marijuana card from a third party. Requirements are added to the effect that the diagnosis must be from a primary care physician who you have been with for a certain time period.
In Florida, a number of requirements need to be met when applying for a medical marijuana card. The applicant has to be over 18 and must have a Florida state ID or else a passport or utility bill. The applicant must have been prescribed with having a condition that marijuana is recognized as being effective at treating. And the applicant must be a patient of the doctor for at least 3 months prior to diagnosis.
In Arkansas, patients will need to fill out Medical Marijuana Physician Written Certification form available online and will need to talk to their doctor. The physician must be from Arkansas. Medical marijuana cards will be issued 30 days before medical marijuana becomes legal (in Arkansas this will be around early 2018). Typically, medical marijuana cards will have to be renewed annually.
Is it Worth it?
There is no simple answer with regard to how to apply for a medical permit. The rules and regulations seem to vary wildly state by state. Whether or not it is actually worth applying for a medical marijuana permit will largely depend on the rules imposed by local committees. Some states and some counties have such strict policies that it is not worth applying for a medical marijuana permit. And in the case of Pennsylvania it seems to be that only large businesses will be able to afford the medical marijuana permits, paving the way for monopolies to take over the industry
