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As medical marijuana becomes a more common, viable and cost-effective treatment option for certain types of maladies and conditions, there has been a growing demand among the general public to learn more about it.

This questions and answers found below will inform you on the major issues relating to the qualified sale and use of medical marijuana.

What Does The United States Institute of Medicine Say About Medical Marijuana?

According to a 1999 study on the potential health benefits of medical marijuana, the government concludes that the use of cannabis for medicinal purposes, while not recommended for the treatment of disease, does contend that nausea, appetite loss, pain and anxiety can all be substantially reduced by the intake of medical marijuana.

Arrested For Possession - One Ounce Of Marijuana – Legal Consequences?

Whether it’s one ounce of marijuana or eight ounces, the “one ounce” legal threshold is quickly becoming less relevant to the lawful use of marijuana debate, but still poses serious consequences to those who possess and use marijuana without a physician’s recommendation and oversight. Assuming you are not a lawfully documented medical marijuana patient protected by the laws of the state for safe marijuana use and access, and assuming you were not charged with selling marijuana to a non-documented patient third-party, the criminal charge will most likely be simple possession of marijuana. Notwithstanding, in some states, possession of up to one ounce of marijuana is still punishable by both a fine and a possible jail term. The judicial and progressive trend however is to grant probation terms rather then require a jail sentence for possession of small quantities of marijuana.

How Do I Qualify As A Medical Marijuana Patient?

You need to first consult with your doctor about your physical complaints and condition. State laws have delineated certain types of physical conditions or ailments, which if diagnosed in the patient, qualify the patient to receive a doctor’s recommendation to use medical marijuana as treatment for the illness or disorder. Once a written recommendation is made for medical marijuana you will need to obtain a medical marijuana card, which will serve as your official identification as a lawful medical marijuana patient. Some states still do not require a separate medical marijuana identification card but do require a valid written recommendation, which must be produced upon demand by a peace officer or dispensary.

Can All Healthcare Providers Legally Recommend Medical Marijuana?

No. Most states provides a very specific list of the type of healthcare professionals that are legally permitted to recommend and dispense medical marijuana. They include medical doctors, physician assistants, osteopathic doctors, and advanced registered nurse practitioners.

Do Medical Recommendations From Other States Qualify?

The legality to dispense and purchase medical marijuana is determined by the state in which you reside and cannot be subverted by another state in which the sale of medical marijuana is conditionally legal for medical purposes. The residency requirement means that you actually reside in the state and intend on making it your primary residence.

When Do Medical Marijuana Recommendations Expire?

A written recommendation for medical marijuana use expires if your health care provider has included a specific expiration date on the written recommendation. As a matter of custom and practice however, most approved healthcare providers require a renewal of the medical recommendation every six-months to one year. Most providers offer a discount when the same office renews the patient’s recommendation.

Am I Legally Protected To Travel To Other States With Medical Marijuana?

In most cases no, but this might be changing depending on the number of states that enact medical marijuana use through permissive legislation. In those circumstances, similar to other prescribed drugs, possession is likely to be legal even if the prescription or recommendation was issued in a different state. However, at the current time, your medical marijuana recommendation is only valid in the state in which you actually received the recommendation. This is true even if the two state laws are identical or substantially similar to one another.

Is Hashish And Other Marijuana Derivatives Legal?

Yes. Hashish is a considered a derivative form of marijuana and therefore in those states in which marijuana is medically legal, so will the derivatives be within those states. However, you should know that Hashish is usually much more potent then most types of flower-based marijuana and is considered to be a highly concentrated form of cannabis.

What If I Use Medical Marijuana In The Presence Of Children?

Don’t do it. While you may have a good legal argument that you should be allowed to take your medicine in front of children, as a matter of common sense, it is strongly discouraged and in most states, legally prohibited. Since medical marijuana laws are relatively new, many factual scenarios concerning its use and sale have not yet been fully litigated. This means most legal scenarios that are not specifically addressed by the statute must still be decided by the courts. Use of medical marijuana in the presence of minors therefore, in most states, has not been specifically addressed by statute. As a matter of responsible parenting however, it is strongly advised that you keep your medical use of marijuana away from all minors whether or not they are your children. Finally, if you are in the midst of a divorce or contemplating one, you should know that you would be taking a major risk if your use of medical marijuana becomes an issue in the child-custody phase of a divorce proceeding. Specifically, your divorcing spouse may claim that you are an unfit parent because of your medical marijuana use. This area of the law is not settled, which means that it is unwise to try to predict how a judge will rule in your case if the issue arises and are adjudicated.

Can I Be Fired For My Use Of Medical Marijuana?

This is an area of law that is not settled either and it is likely to change as new factual situations are presented and considered within the context of the states objectives and public policy. Assuming however, you are legally entitled to use medical marijuana, the issue of whether your employer can terminate you for such use, will probably depend upon whether your job demands that you be in a specific physical or mental state in order to safely and properly do the job for which you were hired. On the other hand, there is established public policy preventing employers from terminating employees based on illness or physical condition – unless it materially hinders job performance. Under the current state of the law and the long history of prohibited use, it is likely that employers will be legally entitled to hire and terminate employees based on drug use – legal or otherwise.

What Is A Primary Caregiver?

A primary caregiver is an individual or associated group with shared and common interests and who have agreed to assist in the procurement and safe access to medical marijuana for qualifying medical marijuana patients. The primary caregiver must be a resident of the state in which the caregiver provides such services. In most cases, the primary caregiver cannot be the recommending physician.

Can A Medical Marijuana Patient Share Medical Marijuana With Others?

Absolutely not, just like any other type of prescription drug, such medication cannot be used unless it is specifically prescribed or recommended by the patient’s doctor for that particular patient. Patients that sell, give away, or otherwise transfer medical marijuana is committing a crime and the fact the person accused of the transfer happens to be a medical marijuana patient does not act as a mitigating factor or legal defense to the crime.

Will Health Insurance Cover Use Of Medical Marijuana?

You must be kidding. The answer is no. Insurance companies are notorious for denying coverage to patients who have established and recognized maladies for which their coverage arguably applies. The idea that health insurance companies will be required to cover controversial drugs and treatment plans is highly unlikely. Insurance companies are considered by most critics to be in the business of denying claims, not opening areas for new ones. On the other hand, the newly enacted 2010 medical insurance reform laws may force insurance companies to consider extending coverage, but not in the immediate future. Much will depend on the courts as they are asked to resolve legal disputes concerning the interpretation of policy provisions that arguably extend coverage to such patients.

Can Medical Marijuana Treat Glaucoma?

Yes. The disease of Glaucoma affects over 60 million people worldwide. It is primarily caused by a gradual increase in fluid within the eye. When excess fluid causes an increase in eye pressure, the optic nerve can become seriously compromised leading to blindness. Research findings as far back as 1965 reveal that marijuana contains positive active ingredients, which are known to reduce intraocular pressure within the eye as well as the pain caused by such pressure.

Must The Identity Of Medical Marijuana Patients Be Kept Confidential?

Yes. Under federal laws involving medical privacy and confidentiality (HIPPA) all medical providers must keep the health and medical information concerning patients strictly confidential. In fact, violation of federal laws concerning patient privacy is so strict that noncompliance with such laws can mean being subject to both civil and criminal penalties. You should know however that the state does have the right to make and keep a confidential list of those patients who are legally registered to use medical marijuana within the state’s jurisdiction. Names and other identifying information will be kept strictly confidential and will not be deemed a public record in cases involving requested disclosure.

Can Medical Marijuana Help Treat Alzheimer’s disease?

Yes. Over the past few years there has been mounting medical evidence that the use of medical marijuana might play a significant role in reducing the spread and progression of Alzheimer’s disease. The active ingredient in marijuana, THC, has been suspected in preventing damaging neural deposits from forming deep within the brain, which has been associated with the overall degenerative neural condition known as Alzheimer’s disease.

For more legal and health information on medical marijuana, locations of dispensaries, marijuana defense lawyers, marijuana identification cards, federal and state laws and penalties, types of marijuana and the doctors and the health care providers who recommend these products to qualified patients, go to GotTrouble.com.