Frequently Asked Questions concerning Montana’s Medical Marijuana Program
Wednesday Aug. 2nd, 2017
These are the questions we, as MMJ providers, are asked the most; we often hear that patients have received the wrong answers either from their friends or a past provider. We want to make sure everyone has the correct info so we decided to share what we know. We have included sources so you can verify it for yourself. Enjoy!
I just signed up with a new provider, can I purchase medical marijuana right away?
No, you must wait until both you and your provider have received your
Montana Marijuana Program Card. You are not considered a valid cardholder until you have the card in your possession.
What if I’m already a valid cardholder and I’m just changing providers?
You still can’t purchase medicine from your new provider until you have received your new card with your new provider’s name on it. Your old card is still valid until Montana DPHHS processes and approves your change request.
Source: MT DPHHS Website - Program Rules
I have already changed providers twice this year, but I am not happy with my current provider. Can I change again?
There is nothing in the law or on the Montana DPHHS website that limits the number of times you can change providers. You should be able to change as often as you would like.
Does it cost anything to change providers?
No, there is no fee to switch. You just have to send in a change request form signed by both you and your new provider.
Source: Change Request Form
Is it legal for a provider to give me a sample of their marijuana if I am not currently their patient?
No, providers must sign a statement that says they will not divert marijuana to anyone other than the registered patients that have named them as their provider. Selling or giving away marijuana products to anyone else is illegal.
Source: Provider Application and SB0333
I heard concentrates were legal now, is that true?
The new law, which took effect July 1, 2017, does allow for concentrates; however, a special chemical manufacturing endorsement is required. This endorsement can only be issued to an approved provider, so a patient growing for themselves cannot legally manufacturer their own concentrates.
Source: Provider Chemical Manufacturing Endorsement Application and SB0333
Will I be charged tax on the medical marijuana I purchase?
Not exactly, there is a new tax on medical marijuana, but it is not a sales tax. It is a tax on providers. Some providers may choose to raise their prices to make up for the tax they will have to pay, but the sales prices listed should be the price you pay with no additional tax added on.
Source: MT Dept. of Revenue Marijuana Provider Tax FAQs
If I have a valid medical marijuana card from another state can I buy my medicine from a dispensary in Montana?
No, Montana does not recognize out of state cards.
I believe I qualify for the MT Marijuana Program, but I’m afraid to ask my Doctor about it, what can I do?
First, we recommend having the conversation with your doctor. With all the favorable peer reviewed studies, more and more doctors are familiar with the benefits of medical marijuana and may be open to giving you a referral. If you would prefer to get a recommendation from a doctor who has more experience treating patients with medical marijuana we can help you connect with a doctor in the area that will be able to review your records and give you a recommendation if you qualify. Call 406.599.2079 for more info.
The FAQs provided above are intended to provide general information only and should not be construed as a legal opinion or as legal advice. We encourage you to seek professional private legal counsel in interpreting the Montana Marijuana Act and any related judicial determinations.
Ewout van Garderen is the owner of Canna Montana, a Bozeman Cannabis Dispensary. He can be contacted at 406.599.2079 or online at www.CannaMT.com.