Becoming a Patient in Montana

Summary

Montana issues ID cards allowing patients to use marijuana legally. Patients may designate caregivers to assist them with taking and growing their medicine.

What's Legal

A patient and a caregiver may possess up to six plants and one ounce of usable marijuana each.

Eligible Conditions

  • cancer, glaucoma, HIV/AIDS, or the treatment of these conditions
  • a chronic or debilitating disease or medical condition or its treatment that produces: cachexia (wasting syndrome), severe or chronic pain, severe nausea, seizures (including seizures caused by epilepsy), severe or persistent muscle spasms (including spasms caused by multiple sclerosis or Crohn's disease),
  • any other medical condition or treatment for a medical condition adopted by the department of public health and human services.

Application Process

To register as a medical marijuana patient in Montana, you must submit the following information on forms provided by the Montana department of health and human services.

Doctor

Either an MD or a DO can issue your recommendation.

Access/ Caregivers/ Dispensaries

You, as a medical marijuana patient, can grow your own medicine. A registered caregiver can also help you grow your medicine.

Consumption

Be safe. Do not drive or operate heavy machinery under the influence. Do not medicate in public or on school grounds.

Age Limits

A person under 18 can become a patient, but their parent or legal guardian must agree to act as the minor-patient's primary caregiver and control their use. There is a section of the application specifically for minor-patients.

Confidentiality

The state maintains a confidential list of patients and caregivers with patient ID cards. Only the Montana department of health and human services and state and local law enforcement agencies may access the list. Law enforcement may only access the list to verify a person's patient status.

Housing

The law does not address whether you can be evicted because you are using medical marijuana, even if you have only the amount of medical marijuana allowed by law. Nor does the law directly address a patient living in subsidized housing.

Under federal law medical marijuana is not protected, therefore you might be successfully evicted if you live in federally subsidized housing, even if you follow all of Montana's medical marijuana laws.

Employment

Even if you are a registered patient, your employer may still forbid medical marijuana use in the workplace. Montana law does not discuss whether employers are required to accommodate employees who use medical marijuana.

If you have questions about drug testing, you should ask your personal attorney. Although the Montana medical marijuana laws do not specifically address employment discrimination, a qualified patient typically has better chances for remedy if terminated from an existing job, than the same patient would have if discriminated against (as a result of a positive drug test) before being hired.

Insurance

The law does not require your insurance carrier to cover the costs of your medical marijuana.

Reciprocity

If you are a medical marijuana patient from out of state, Montana's medical marijuana laws will protect you. An out of state patient or caregiver ID card has the same effect as a registry ID card issued by the Department of Public Health and Human Services in Montana.

For more information

http://medicalmarijuana.procon.org/sourcefiles/I148.pdf Initiative 148

Montana Department of Health and Human Services
Licensure Bureau
Attn: Becky Fleming-Siebenaire
2401 Colonial Drive, 2nd Floor
P.O. Box 202953
Helena, MT 59620-2953
Phone: 406-444-2676
Email: Bfleming@mt.gov

Montana Medical Marijuana Program

SB423: Changes to the Medical Marijuana Law

Montana Medical Marijuana FAQ updated 5/20/11

Injunction on Advertizing Information

Application and Renewal Form

Change Request Form

Historical Data

Program Compliance Information