How to Buy Marijuana Legally

Recreational use of marijuana is against the law in the United States. Several states have enacted laws that permit patients with certain qualifying medical conditions to purchase and possess marijuana for medicinal use. This page will outline how to buy marijuana legally.

Introduction

  • Marijuana use and possession is illegal under U.S. federal law. Despite this prohibition, certain individual states have created exceptions under their state laws for medical marijuana use. If you live in one of these states, and have qualified under that state's statute, you can buy small quantities of marijuana legally without fear of prosecution under state law. As marijuana is still illegal under federal law, however, you still run a risk of federal prosecution.
    • NOTE: This page is provided for informational purposes only, and should not be construed as recommendation by Mahalo for any sort of illegal or unauthorized drug use. Always ensure that you are aware of all laws and risks regarding the use of marijuana before doing so. The information provided on this page was current as of March 2009 and the laws and processes described below are subject to change.

Step 1: Research State Law

  • Each of the states that have medical marijuana provisions in their state statutes have sightly different requirements, so you need to research the specific state law to understand whether or not you qualify. The following states have enacted medical marijuana laws as of January 2010:
  1. Alaska
  2. Arizona
  3. California
  4. Colorado
  5. Hawaii
  6. Maine
  7. Maryland
  8. Michigan
  9. Montana
  10. Nevada
  11. New Jersey
  12. New Mexico
  13. Oregon
  14. Rhode Island
  15. Vermont
  16. Washington

Step 2: Procedural Requirements

  • Although each state's laws are different, most require that you be under the care of a physician for a debilitating condition.
  1. You need to be a resident of the state.
  2. Conditions that qualify under the law usually include:
    1. Acquired immune deficiency syndrome (AIDS)
    2. Cancer
    3. Glaucoma
    4. Persistent muscle spasms
    5. Seizures
    6. Severe nausea or pain
  3. The physician will usually need to certify that you suffer from the condition, and that it be debilitating.
  4. You will be issued an ID card certifying that you qualify under the law.
  5. The certification usually only applies to the possession of less than an ounce of marijuana for personal use.

Step 3: Where to Get Marijuana

  • Marijuana is listed as a Schedule I controlled substance under federal law and is not approved by the FDA. This means that doctors cannot prescribe it and pharmacies cannot dispense it. Most states that have medical marijuana laws do not make any exceptions for distribution under the law. This means that, in general, although it may be legal for you to buy and possess marijuana, it is not legal for anyone to sell it to you.
  1. Some patients purchase marijuana seeds from online retailers, and grow their own marijuana. These retailers are usually based in jurisdictions where marijuana is legal, such as Amsterdam. A few of these retailers include:
  2. California law permits cooperatives to provide medical marijuana to patients.

Conclusion

  • Although you cannot buy marijuana legally in the United States, you may be able to obtain it without fear of state prosecution if you are a registered medical marijuana patient in certain states. Check local laws for more details.


Disclaimer

Marijuana is still illegal under federal law, although it is legalized for medical use in fourteen states. The content in this page is for informational purposes only and not a substitute for professional medical or legal advice. Please do not think that just because it is legal in your state that you can freely smoke. You must have a medical card that allows you to smoke marijuana.

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