Medical Marijuana Card Pros and Cons In 2024

Introduction

In Virginia, cannabis legislation is continually evolving. With recreational sales on indefinite hold, the only legal way to purchase cannabis is through medical dispensaries, requiring a medical marijuana card (MMJ card) or medical cannabis certificate. This article explores the pros and cons of obtaining a medical card in Virginia in 2024.

Let's dive in!

The Benefits of Getting a Medical Card in Virginia

#1. Access to the Therapeutic Benefits of Medical Marijuana Whenever You Need It

The primary benefit of obtaining a medical card in Virginia is the ability to access therapeutic cannabis whenever necessary. Unlike other states, Virginia does not maintain a specific list of qualifying conditions for medical marijuana. Instead, physicians registered in the medical marijuana program have the discretion to recommend cannabis if they believe it will benefit a patient's condition. This flexible approach allows a broad range of conditions to be treated with medical marijuana, ensuring that more patients can find relief.

MUST READ: Top 6 Benefits of Medical Marijuana

#2. No Age Restrictions

Medical cannabis in Virginia is available to patients of all ages. While recreational marijuana, if sales begin, will be restricted to individuals 21 and older, medical cannabis can be accessed by patients under 18 through a parent or legal guardian. This inclusivity ensures that younger patients with serious medical conditions, such as epilepsy, autism, or cancer, can benefit from medical marijuana treatment. Caregivers, often parents or legal guardians, can register on behalf of minors, providing a vital option for families seeking alternative treatments where more traditional treatments have failed to provide relief.

#3. Saving Money on Marijuana Purchases

One of the significant financial benefits of holding a medical marijuana card in Virginia is the preferential tax treatment. If the recreational sale of marijuana comes to Virginia it will be subject to a 21% excise tax, with local governments able to levy an additional 3% tax. In contrast, medical marijuana is only taxed at 5.3%. This substantial difference means that patients can save a considerable amount on their cannabis purchases, making treatment more affordable. Additionally, medical dispensaries often offer exclusive discounts, promotions, and special offers to cardholders, further enhancing savings.

Related: Does Insurance Cover The Cost of Medical Marijuana?

#4. Recreational Sales Are Not Yet Legal

Although recreational marijuana use is legal in Virginia, the sale of recreational cannabis remains illegal, with no licenses issued for recreational dispensaries. This situation leaves a gap in the market, potentially exposing consumers to unsafe, unregulated products. Medical dispensaries, however, are fully operational and regulated, ensuring that patients receive safe, tested, and high-quality cannabis. By obtaining a medical card, patients can access legal marijuana without waiting for the uncertain future of recreational sales.

#5. Patients Have Priority Treatment

In states with both medical and recreational cannabis markets, medical marijuana often receives priority during supply shortages. This prioritization ensures that patients reliant on cannabis for their health are not left without their necessary medication. Additionally, medical dispensaries in Virginia serve only patients with medical marijuana cards, reducing wait times and providing a more convenient shopping experience. As recreational sales begin, having a medical card will likely mean shorter lines and prioritized access to products.

MUST READ: Virginia Laws and Penalties - Possession Limits for Cannabis

#6. Reciprocity: Buying Medical Marijuana in Other States

While it is illegal to travel across state lines with cannabis, having a Virginia medical marijuana card offers the benefit of reciprocity in some states. Reciprocity allows you to purchase medical cannabis in states that recognize out-of-state medical marijuana cards. This feature is particularly beneficial for patients who travel, ensuring they can access their medication even when away from home. However, it is essential to check the specific laws of the destination state, as not all states offer reciprocity.

#7. Employee Protections Under House Bill 1862

A significant advantage for medical marijuana cardholders in Virginia is the employee protection provided by House Bill 1862. This legislation protects employees from being discharged, disciplined, or discriminated against solely based on their lawful use of cannabis oil. This protection is crucial for patients who rely on medical cannabis for their health, allowing them to maintain their employment without fear of repercussions for using their prescribed medication. However, it is important to note that this protection is specific to cannabis oil and may not cover other forms of cannabis use. There are a few exceptions to this law but in general the law prohibits the majority of employers from discriminating, disciplining, or penalizing their employees for their lawful use of medical marijuana while away from the job.

The Drawbacks of Getting a Medical Card in Virginia

#1. Employment Risks Despite Protections

While House Bill 1862 offers protections, they are not all-encompassing. Federal employees and those working in industries subject to federal regulations may still face employment risks due to cannabis use. Additionally, the law does not protect employees from all potential workplace issues related to cannabis, making it important for cardholders to understand their rights and limitations fully.

#2. Firearm Ownership Restrictions

Federal law prohibits cannabis users from purchasing or owning firearms, and this restriction applies to medical marijuana patients in Virginia. When purchasing a firearm, buyers must complete a federal background check that includes questions about illegal drug use. Admitting to using cannabis, even for medical purposes, can result in being denied the purchase. This restriction can be a significant disadvantage for individuals who want to maintain their Second Amendment rights while using medical cannabis.

Related: Can You Own a Gun With a Medical Marijuana Card?

#3. Insurance and Healthcare Challenges

Most insurance plans do not cover medical cannabis, leaving patients to bear the full cost of their medication. Additionally, finding a healthcare provider in Virginia who is knowledgeable and supportive of medical cannabis can be challenging. Patients may need to seek out cannabis-friendly providers, which can be time-consuming and expensive. This lack of insurance coverage and support can make accessing and affording medical cannabis difficult.

#4. Social Stigma

Despite growing acceptance of cannabis, social stigma remains a concern for many medical marijuana users in Virginia. Misconceptions about cannabis use can lead to judgment or discrimination from family, friends, or colleagues. This stigma can be particularly challenging for patients who rely on cannabis for their health, as it may discourage them from discussing their treatment openly or seeking necessary support.

#5. Travel Complications

Traveling with medical cannabis can be complicated and risky. While some states recognize out-of-state medical marijuana cards, many do not. Crossing state lines with cannabis, even for medical reasons, is illegal under federal law and can result in serious legal consequences. Patients must research and understand the laws of their destination and any states they will pass through to avoid potential issues.

Related: An Easy Guide for Traveling with Medical Marijuana

#6. Housing Restrictions

For medical marijuana patients living in federally subsidized housing, cannabis use can be problematic. Since cannabis remains illegal under federal law, residents of these housing programs are prohibited from using or possessing cannabis on the premises. Violating these rules can lead to eviction and loss of housing benefits, which is a significant concern for low-income patients who rely on federal assistance.

Conclusion

In Virginia, obtaining a medical marijuana card in 2024 offers numerous benefits, including access to therapeutic cannabis, no age restrictions, financial savings, priority treatment, and employee protections under House Bill 1862. However, there are also notable drawbacks, such as employment risks despite protections, firearm ownership restrictions, insurance and healthcare challenges, social stigma, travel complications, housing restrictions, and the costs associated with obtaining and renewing the card.

Ultimately, the decision to obtain a medical marijuana card should be based on individual circumstances and medical needs. Consulting with a knowledgeable healthcare provider and understanding both the benefits and drawbacks is crucial for making an informed decision. As cannabis laws continue to evolve in Virginia, staying informed about changes and understanding the implications of medical marijuana use will be essential for ensuring the best possible outcomes for patients.

 

FAQs

  • The time it takes to obtain a medical marijuana card varies by state. Generally, after your initial consultation with a certified healthcare provider and submitting your application, you can expect to receive your card within a few weeks. Some states offer expedited processing for an additional fee, while others may have longer processing times due to high demand. It's a good idea to check with your state's medical marijuana program for specific timelines and any updates on processing times.

  • Reciprocity laws vary by state, meaning that some states recognize out-of-state medical marijuana cards while others do not. States with reciprocity agreements allow visiting medical marijuana patients to purchase and use cannabis legally within their borders, though local regulations and limitations still apply. It's essential to research the specific rules of the state you plan to visit to ensure compliance. Always carry your medical marijuana card and any relevant medical documentation when traveling.

  • Medical marijuana cardholders have access to a broader range of cannabis products compared to recreational users. These can include high-CBD strains, tinctures, edibles, capsules, topicals, transdermal patches, concentrates, and vape products. Medical dispensaries often offer products specifically formulated for various medical conditions, with varying ratios of THC to CBD and other cannabinoids. Patients can work with their healthcare providers and dispensary staff to find the most suitable products for their specific needs and conditions.

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This article has been reviewed by Steven Fiore, MD.

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