In this article, we explain who can get a medical marijuana card, In accordance with the California Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5) “ Californians have the right to obtain and use marijuana for medical purposes where the medical use is considered appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other disease for which marijuana provides relief. "
Therefore, a "patient qualified to use medical marijuana" is a patient with any of the specific conditions listed in the law (cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis or migraine) "any other disease for whom marijuana is a relief, ”there may be a variety of other diseases or conditions in which a doctor could "deem appropriate" for the use of medical marijuana. Any recommendation, written or verbal, made by a doctor will be sufficient to prove that a patient is qualified for medical marijuana, however, patients carrying a written test are better protected against arrest, since the law gives the possibility of verifying with ease that the person is authorized to use, possess, and transport medical marijuana. The best forms of proof are a patient ID card issued by the city or county, or a written recommendation from a physician.
Regarding the procedure, qualified patients can apply for a California Medical Marijuana identification card by submitting an “Application or Renewal Form” (CDPH 9042) to the local California Department of Public Health Office, along with the following information:
(1) a government-issued photo identification card number (such as a driver's license or passport),
(2) two documents that prove you have California residencies, such as a driver's license with current address, current motor vehicle registration from California showing your name and current address, or even a rent or mortgage receipt or utility bill with the current name/address, and
(3) Documentation of the conditions required by the patient's physician and the name / The applicant's physician's license number so that the government agency can verify the information. (The physician can use CDPH Form 9044 “Written Documentation of Patient's Medical Record”).
The applicant must also ensure that their authorization for the release of medical information is on file with their medical provider or the physician will not be able to verify it with the agency.
The identification card will include the patient's name, the name of the county health department that approved the application, the expiration date of the card, and a unique identification number, which is used by law enforcement officers to quickly verify the identity of the owner.
This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified medical marijuana attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical marijuana attorney to discuss your unique legal situation.
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