Answers to common questions about Montana's Medical Marijuana Act

Is cannabis food legal? By combining cannabis with butter or oil and simmering over low heat for a long time, it is possible to transfer the active compounds from the marijuana into the butter or oil for use in baked goods and other foods. Eating cannabis butter or oil is the method most often recommended by doctors for medicinal marijuana use due to the long-acting medicinal effects and the low incidence of side effects. According to Martin Martinez, author of The New Prescription- Marijuana as Medicine cannabis in edible form is actually more effective than when the medicine is smoked or vaporized.

One interpretation of the Medical Marijuana Act could be to classify cannabis food as a cannabis preparation, which is listed in the Definitions section as “usable marijuana”, meaning that all cannabis food would be subject to the same restrictions as usable cannabis. Under this interpretation, a patient could be arrested for possessing 10 ounces of cake made from 5 grams of cannabis, since the entire preparation is considered by law to be “usable marijuana” despite how much actual cannabis was used to make the preparation. According to Section 4 Subsection (2), “A qualifying patient and that qualifying patient’s caregiver may not posses more than six marijuana plants and 1 ounce of usable marijuana each.”

The more accepted interpretation among both law enforcement and the medical marijuana community is that cannabis food is not a cannabis preparation and therefore not subject to the same restrictions. Many caregivers are making life much easier for law enforcement by labeling the approximate cannabis content in each baked good; for example, a one ounce cookie could have a “1 gram” label on it to help patients keep their dosage correct and avoid going over their limits. Patients can generally indulge in cannabis food without fear of prosecution as long as their total grams of pure cannabis do not surpass 28.

Can I ingest marijuana in public?The only limitations on public cannabis use specifically listed in the Montana Medical Marijuana Act regard prohibitions on smoking cannabis while on public transportation, in school grounds, in a prison, at a public park, at a public beach, in a public recreation center, or in a youth center. There are no limitations listed for other forms of ingestion, such as vaporizing or eating cannabis food, except to ban people under the influence of marijuana from operating a motor vehicle, aircraft, or motor boat.

One interpretation is that public marijuana use of any kind is the equivalent to drinking alcohol in public and subject to public intoxication laws. Many patients and caregivers follow this interpretation to maintain their privacy and avoid confrontations with law enforcement and community members. The Act does not protect patients or caregivers from being fired as a result of their participation in the medical marijuana program. Most patients and caregivers use their cannabis discretely to protect their jobs and reputations within their communities. Potentially, a patient who smokes a cannabis cigarette while walking down the street could be charged with exposing the people nearby with to an illegal substance; in any case, It is always advisable to keep cannabis use private or with other patients.

Still, some medical marijuana advocates argue that the law does not prohibit the smoking of marijuana on public streets, sidewalks, homes, apartment buildings, office complexes, or any variety of other public settings where patients must spend most of their days. No mention is made regarding second-hand marijuana smoke in the Medical Marijuana Act. Some advocates believe that Section 4, Subsection (1) specifically condones public cannabis use; “ A qualifying patient or caregiver who possesses a registry identification card issued pursuant to [section 3] may not be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege…  for the medical use of marijuana or for assisting in the medical use of marijuana if the qualifying patient or caregiver possesses marijuana not in excess of the amounts allowed in subsection (2).” This line from the Act, combined with the paucity of limitations listed for smoking marijuana, could be interpreted to protect most public cannabis usage from prosecution or arrest.

Do I need the actual card in hand to start buying cannabis?

The text of the law reads that the Department of Public Health and Human Services (DPHHS) has 15 days to review the applications within 15 days of receiving  them, and 5 days after that to issue a registry identification card; this means that by law, patients will wait no more than 21 days before receiving a card. The state has failed abysmally to uphold its obligation to provide patients with registry identification cards within 21 days as specified by law, making some patients wait as long as 3 months before sending out their cards, leaving many caregivers unsure of how to proceed. Section 4, Subsection 1 of I-148 states that qualifying patients who posses their registry identification card are assumed to be engaged in medical use, and therefore protected under the law; under a very narrow interpretation, someone might read this section as a prohibition against any marijuana use without a registry identification card.

This interpretation, however, is based on the idea that everyone involved is following the letter of the law; under the system created by Montana’s medical marijuana law, patients should receive their cards within 21 days and caregivers therefore would never have to sell cannabis to a qualifying patient without a valid registry identification card. Since patients are now waiting as long as three months to get their registry identification cards due to the state’s unwillingness to adequately staff the medical marijuana program, caregivers are faced with the difficult decision of whether or not to wait for a physical card to arrive in the mail before providing patients with medicine. While some caregivers are fearful of prosecution by local law enforcement, a growing number of caregivers are willing to begin selling medicine to their patients 21 days after DPHHS cashes a check for the application fee.