Cannabis News Students for Sensible Drug Policy
  Out-of-State Residents Can Get Medical Pot Cards
Posted by CN Staff on August 06, 2010 at 17:34:14 PT
By Matt Volz, Associated Press Writer 
Source: Associated Press 

medical Helena, Mont. -- A person doesn't have to live in Montana to receive a medical marijuana card from the state, health officials said Friday.

The Montana Department of Public Health and Human Services discovered what it calls a loophole in state law after reviewing plans to require medical marijuana applicants to have a Montana driver's license or state-issued identification, said department spokesman Chuck Council.

The new driver's license policy was to begin on Monday, but the legal review has halted those plans.

"The law is mute on the subject of legal residency and there is no recourse for the Department of Public Health and Human Services but to keep the situation as it stands," Council said. "On Monday, we will be moving forward, status quo, on the processing of out-of-state applications."

The state health department maintains the medical marijuana patient registry, which stood at about 23,500 patients at the end of July. That's an increase of nearly 4,000 people in just a month, a continuation of the medical pot boom that in the first six months of 2010 has seen more than 12,300 registered users added to the state registry.

Health officials decided to tighten the residency requirements after discovering several people whose permanent residences were outside Montana, such as college students and snowbirds, had applied for medical marijuana cards. It is unclear just how many such applications were received.

But unless the Legislature fixes the state law, health officials have no choice but to accept out-of-state applications, Council said.

State lawmakers are back in session in January, and an interim legislative committee is drafting changes meant to strengthen the law. The current law was passed by voter initiative in 2004, but the registration boom over the past year has exposed gray areas that police and municipal officials say have made oversight and enforcement difficult.

The founder of the Montana Caregivers Network, an advocacy group that has helped sign up thousands of medical marijuana patients, said Friday that the health department's announcement is good news for patients.

"This was a clear violation," Jason Christ said of the plan to require driver's licenses. "I feel like they probably had a lot of calls by people about that."

He has said that any qualifying patient should be able to get a medical marijuana card from Montana, and that he is skeptical the Legislaturewill act to restrict that access to Montana residents.

"A lot of people have anticipated that the Legislature's going to do a lot of things. They never have," Christ said. "Intentions are great, but you can't take intentions to the bank."

Source: Associated Press (Wire)
Author: Matt Volz, Associated Press Writer
Published: August 6, 2010
Copyright: 2010 The Associated Press

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Comment #5 posted by Dankhank on August 09, 2010 at 20:28:01 PT
application
I went to Montana State Health site and searched by alphabet and found the application in about 5 minutes or less.

when I have more time I will post a link ...

[ Post Comment ]

 
Comment #4 posted by ripit on August 07, 2010 at 10:23:02 PT
where can i get
an app.? montana is not that far away from me! ;) and will we have to wait for the feds to legalize before each state will honor an aknowlage other states cards and programs?

[ Post Comment ]
 
Comment #3 posted by FoM on August 07, 2010 at 03:34:41 PT
Dankhank
You are such a cool guy!

[ Post Comment ]
 
Comment #2 posted by Storm Crow on August 06, 2010 at 22:39:32 PT
Good Luck, Hank! Go for it!
And is an ill person any less sick because they originally resided in another state?

Do they deserve less protection than their (permanent) next door neighbor, simply because they eventually MAY move back to their original home? (Montana IS beautiful, I imagine many people decide to stay.)

If a person is maintaining a residence- whether they plan to, some day move away, or not,- aren't they a Montana resident while they reside in, and maintain a residence in, Montana?

Seems to me that if the legislature changes the law, patients originating from other states may soon be lacking equal protection under the law!

And I wish that reciprocity had been written into ALL MMJ laws!

[ Post Comment ]

 
Comment #1 posted by Dankhank on August 06, 2010 at 19:47:21 PT
card ...
ok the right thread ... I have the form ,,, need a doctor and 25 dollar and I will have a card .... Waaaahoooooo .....

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