How To Get a Medical Marijuana Card in Montana

What is an MMJ Card in Montana?

Medical marijuana cards, also known as MMJ cards, are issued to qualifying patients suffering from a qualified debilitating or chronic health condition. The state issues the MMJ card to enable its holders to cultivate and purchase marijuana for medical use. The state agency responsible for receiving applications for MMJ cards is the Department of Public Health and Human Services (DPHHS). The Department, through the Montana Medical Marijuana Program, issues out MMJ cards to approved patient applications. The Montana Medical Marijuana Act and the Administrative Rules of Montana - Medical Marijuana Program govern the Department's administration. The issuance of an MMJ card is not without its limitations. To apply for an MMJ card, the patient must have a physician's written certification stating they are suffering from a debilitating health condition. The physician must, however, be licensed to practice medicine or osteopathy in Montana.

Who Can Apply for an MMJ Card in Montana?

Individuals suffering from a debilitating health condition recommended for medical use of marijuana by a licensed physician can apply for an MMJ card. The qualifying patient must be a resident of Montana. The qualifying patient must be at least 18 years old. The Department allows applications from minors who have a physician recommendation and their parents or legal guardians consent to use medical marijuana products. However, the Department will not allow applications from individuals under the supervision of the Montana Department of Correction or a minor under a Youth Court.

Can a Minor Obtain a Medical Marijuana Card in Montana?

Yes, a minor below 18 in Montana with a debilitating health condition can be issued an MMJ card with their parent's consent. The minor's parent or legal guardian will be responsible for the health care decisions of the minor. They must provide proof of legal guardianship of the minor. The physician treating the minor must have explained to the minor and the custodial parent or legal guardian the risk and benefits of medical use of marijuana. After presenting the risk, the treating physician will complete the Physician's Statement for Minors, accompanying the minor's application to the Department.

It is important to note that a minor's application must be accompanied by two written certifications from two different physicians. The treating physician must issue one; then, a second physician must issue another written certificate. The second physician written certification per 50-46-310 must contain the following:

• That they conducted a comprehensive review of the minor's records as managed by the treating physician
• In their professional judgment, they believe medical use of marijuana will alleviate the condition, and the benefits are more significant than the risk
• They must attest that all information contained in the certification is true and correct

The custodial parent or the legal guardian must control the minor's dosage and ensure they only use marijuana-infused products and prevent smoking of marijuana.

At the point of registration, the minor must provide proof of legal guardianship, like a birth certificate or other court-approved document. Then the minors clear photographs and state-issued ID. During the application, the parent or legal guardian must specify if they will be purchasing marijuana or marijuana-infused products through a provider. If the parent or legal guardian plans on cultivating their marijuana, they must include a notarized Property Owner Permission Form in the minor's application. The legal guardian may possess up to four mature plants, four seedlings, and the usable amount permitted by the Department on behalf of the minor.

What Conditions Qualify for Medical Marijuana Cards in Montana in 2024?

To be eligible to receive an MMJ card in Montana, the patient must be suffering from the following qualifying debilitating conditions:

• Glaucoma, cancer, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome
• Painful peripheral neuropathy
• Cachexia or wasting syndrome
• Severe chronic pain is a persistent pain that impedes the daily activity of the patient
• Intractable nausea or vomiting
• Crohn's disease
• Any intractable seizure disorder or epilepsy
• Multiple sclerosis
• Admittance into hospice care in compliance to the Department of Health
• Posttraumatic stress disorder
• A central nervous system disorder leading to chronic, painful spasticity or muscle spasms

How Do I Apply for an MMJ Card in Montana in 2024?

In Montana, registration for an MMJ card is done online via the online registry maintained by the Department. Qualifying adult and minor patients must complete the relevant forms, accompanied by the physician's written certification and the appropriate fee.

How Does a Primary Caregiver Get a Montana MMIC?

Under the Montana Medical Marijuana Act, there is no express provision for a primary caregiver. The Act provides for the custodial parent or legal guardian responsible for the minor patient's health care decision. A minor patient submits a written statement by their custodial parent or legal guardian before their application can be considered for an MMJ card. To manage and administer the minor patient, they need their custodial parent or legal guardian who works as a primary caregiver.

A primary caregiver must ensure the application of the minor is approved by doing the following:

• Agrees to the use of marijuana by the minor
• Agrees to manage how the marijuana is acquired and how it is used by the minor
• Decides that the minor patient usage will be limited to marijuana-infused products and not allowing them to smoke

Any parent or legal guardian who wants to cultivate marijuana or marijuana-infused product on behalf of the minor must undergo a criminal background check. The Department will conduct a name-based check or fingerprint check after the minor applies for an MMIC and every three years after.

How long does it take to get a Montana MMIC?

There is no official time within which the Department will process applications by a qualifying patient for an MMJ card. All applications are processed by order of date received. However, the Department will allow qualifying patients to print a temporary card which is valid for 60 days. Qualifying patients with a temporary card must always have their card with them when purchasing marijuana or marijuana-infused products from a dispensary.

When the Department fails to act on a completed application within 30 days of receipt, the fee paid is refunded to the MMJ card applicant. However, if the Department is yet to complete the review of the application within 30 days, the application remains active.

Once the application is reviewed and approved, the Department will issue an MMJ card within five days of approval. The Department of Public Health and Human Services may deny the application if a verified physician did not recommend the written certification. It is important to note that the physician must be a Montana Board of Medical Examiners member. When the Department of Public Health, a review may be conducted like a contested case hearing in compliance with the Montana Administrative Procedure Act.

Getting a Montana Medical Marijuana Card Online

To apply online for an MMJ card in Montana, the patient must be suffering from a debilitating health condition or chronic pain. A physician must issue a written certification to certify that the patient is suffering from a qualifying debilitating health condition. A physician statement regarding a regular payment may need to be accompanied by proof of such, like an MRI scan or X-rays. The physician must then complete the Physician's Statement for a Debilitating Medical Condition form. Applicants who are minors are required to complete the Physician’s Statement for Minors. The completed form must accompany the qualifying patient's application when they are completing it on the online registry.

Once the patient fills and completes all the applicable application forms, they can apply online via the TransAction Portal (TAP). The patient must submit a proof of Montana residency and a photograph that can easily identify the holder, and pay the appropriate fee. After the application has been completed with all the necessary information, the Department will send an email notification to acknowledge receipt of it.

Usually, an MMJ cardholder has a default purchase limit of 1 ounce of marijuana flower per day and up to 5 ounces per month. They may petition to raise the monthly limit to 8 ounces or equivalent of manufactured marijuana products by submitting the Cardholder Petition for Exception to Monthly Purchase Limits. This petition must be signed by the same physician providing the cardholder’s current Physician’s Statement.

How Much does a Medical Marijuana Card Cost in Montana?

It costs $20 to apply for an MMJ card in Montana. The fee may be paid online using a credit or debit card, ACH, check, or money order. An applicant may hand-deliver or mail a check or money order payment to:

Montana Department of Revenue

P.O. Box 5835

Helena, MT 59604

A replacement card for a lost, stolen, or damaged MMJ card costs $10.

What Documents Do I Need to Apply for a Medical Cannabis Card in Montana?

The following documents are needed during application by a qualifying adult patient and a minor patient.

• The patient photograph must be clear and must have been taken six months before the application. The photograph must look like a standard driver's license photo without any alteration or enhancement
• A copy of a state-issued ID card like a Montana's Driver's License, any other state ID, or tribal ID
• For a minor patient, they must submit the state-issued ID card of their legal guardian
• A signed Physician Statement for a Debilitating Medical Condition for adult patients and Physician Statement for Minors for minor patients
• A Notarized Property Owner Permission Form if the applicant cultivates their marijuana in a leased or rented property
• Minor patients must provide proof of legal guardianship. The Department accepts birth certificates or any court-approved documents

What Information appears on a Montana Medical Marijuana Card?

In Montana, the information contained in a medical marijuana card include:

• The picture of the MMJ cardholder
• Personal information (name, address, and date of birth of the MMJ cardholder)
• Information indicating whether the cardholder is cultivating their marijuana or obtaining it from a licensed marijuana provider
• Date of issuance and the expiration date
• A unique identification number

Can Someone Track me Down through the Montana Registry?

Nobody can track an MMJ cardholder through the Montana Medical Marijuana Program registry. According to the law, the Department of Public Health and Human Services must keep confidential patient information under the medical cannabis program.

However, the Department may allow the following categories of people to access identifying information of registered patients:

• Employees authorized by the Department to enable them to perform their official duties for the Department
• Employees of state or local government include law enforcement agencies who have been authorized to verify if an individual has a valid MMJ card
• To judicial officials, which include judges, magistrate when there is an order for disclosure
• Any other person the patient has given written consent to have their information released to them