I'm here, Arkansas!

[ashling]

Some of ya'll already know me. Some of you may even like me - though if a vin diagram put most DUers in a circle roughly the size and location of the inner planets of the solar system (that's OUR solar system), a circle containing fans of mine as a circle roughly comprised of Pluto ... that's it, Pluto. Not Pluto and Neptune, and certainly not containing Uranus.

Anyway, for better or worse - for you, not me - it's definitely better for me ... I think (too early to call; results are still coming in)

Now, I have a serious question: what the heck is the legal status of medical marijuana in this state? Asking for a friend. No, seriously, I am asking for a friend - my best friend who has been my wife for nearly 38 years (May 10)

She has serious fibromyalgia and other problems, including chronic pain. One of the only drugs that works costs over $800 a month and the other is over $1500. She is currently covered by medicaid,and they don't even cover the first one (it is pretty new)

I have been reading misconfusing information online. We have an appointment with a pain Dr. in Conway on Monday.

We moved up here earlier this year to be closer to my daughter who lives in London. We live in Clarksville (yeah, yeah, we have already been to the station, but the last train left several years ago).

We still don't have our driver licenses,but we are registered to vote.

[msongs]

1. this page contains some useful information and links to the state MJ law...

https://www.healthy.arkansas.gov/programs-services/topics/medical-marijuana

[missingthebigdog]

2. It's a little complicated....

We passed a constitutional amendment to allow medical marijuana for certain specified conditions. You will need to read the amendment to determine whether or not your conditions are on the list. If you have a condition on the list, your doctor will need to sign a form verifying that you have said condition which you will then take to the department of public health to apply for a permit. You pay the fee and are issued the card. The health department is currently issuing cards.

Theoretically, you now have the right to possess marijuana. Unfortunately, we have no dispensaries, so there is no place to obtain said marijuana legally. Permits were issued for growing facilities last month, but those permits are on hold due to questions about the process used to select the companies given the permits. Until the growing facilities are up and running, dispensaries will have nothing to sell.

Hypothetically, marijuana can be legally obtained from another patient, as long as said patient does not sell it to you. Of course, the question will come up as to how that person obtained the weed.

Truthfully, law enforcement and the courts are dealing with a whole new world here. I predict it will be several years before all of the cases wend their way through the courts and we have a stable policy.

[ashling]

3. In other words, this is Arkansas

Yeah, that's pretty much what I have found. I'm not sure that it is necessary for a dispensary to secure their product locally (ie., in state), but that would not surprise me. I have found how to apply for a patient cert. card which we will be doing right away. However, such cards will not be issued until a certain period of time prior to dispensaries being available and then is good for 1 year only. In other words $50 per year.

Mel does qualify, however.

Thanks.

[missingthebigdog]

4. I have clients who already have cards

I had not heard that they have suspended issuance of the patient cards.

I believe that prosecution for possession, when accompanied by the card, would be barred. The legal analysis would be similar to that of having alcohol in a dry county- merely being in possession of it does not establish that it was purchased within the county, and because you have a right to have it, there is no probable cause to question you regarding how you got it.

I expect that there will be some overzealous officers, and a few overzealous prosecutors. We may even have a judge or two that will refuse to accept the correct interpretation. Ultimately, though, the Arkansas Supreme Court will likely uphold the constitution.

My current advice to my clients is to refuse to answer any questions regarding where they obtained the marijuana if they are caught with it, and instead assert: "I have a card issued by the State of Arkansas which gives me the right to possess and use cannabis. Here is my card. I am not violating any law, and wish to make no further statement."

Good luck!