Out-of-state residents can get medical pot cards

Discussion in 'Medicinal Marijuana' started by claygooding, Aug 6, 2010.

  1. claygooding claygooding

    • DrugWarVeteran
    • Since: May 13, 2009
    • Posts: 9,611
    Out-of-state residents can get medical pot cards
    SacramentoBee / Matt Volz / 08,06,2010


    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 Legislature will 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."
  2. since1981 since1981

    • New Member
    • Since: Aug 4, 2010
    • Posts: 86
    Damn I wonder if Colorado is the same way. I just back from there.
  3. luc420 luc420

    • New Member
    • Since: Aug 8, 2010
    • Posts: 84
    i hope cali is like that. im moving there soon
  4. Bud Is good Bud Is good

    • Resident non smoker
    • Since: Jul 15, 2009
    • Posts: 7,406
    I heard Cali isn't so strict anymore on the licensinc, that you can just show up pay your money and have your card..

    When I was out colorado way you had to be a resident for a year with a CO drivers license..But with changes in legislature, now you can have a CO I.D card and get your license..I don't know If you have to be a resident anymore. I hope someone from the area could clear that up.

    But apparently like the article states, you don't need to be a resident of Montana to get your MMJ license..And even tho if you live in another state with a card from any 13 MMJ states, In most cases the judge will throw out a possesion charge becasue a DR. in another state thinks you need MMJ..

    How do you Apply for a license in Montana then out of state?

    Loopholes, I love them..LOL

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