How Do I Get an Idaho Medical Marijuana Card?

Residents of Idaho must continue to wait for medical marijuana to become legal in their state. However, there is a drive towards legalizing the plant in ID as activists continue to advocate for it. Moreover, in March 2023, John Vander Woude, the House Health and Welfare Committee Chairman, submitted a personal bill (House Bill 370) on the Idaho House floor. It is designed to create a tightly regulated system of medical cannabis in the state. There is also an Idaho Medical Marijuana Act being championed in certain quarters. Below, we outline what the MMJ card application process would likely look like if the plant becomes legal in ID.
01

Find a Licensed Medical Professional

If medical marijuana became legal in Idaho, the application process would probably be similar to other states. This means you would need to find a cannabis-friendly physician with whom you have a doctor-patient relationship.

02

Schedule a Consultation

The next step would involve booking a consultation with the doctor and discussing your use of MMJ. In states where medical marijuana is legal, these appointments tend to last a maximum of 15 minutes. They involve the doctor completing a medical exam and asking questions about your desired usage of marijuana. You would need to prove that you have tried other treatment protocols first.

If the doctor believes you’re a legitimate candidate for medical marijuana, they would provide written certification.

03

Complete the Idaho MMJ Application Form

In most states with medical marijuana programs, it is necessary to complete an application form, and it is unlikely that things would be much different in Idaho. Realistically, any state program would enable you to do this online, and you would need the doctor’s written certification to proceed.

As per the Idaho Medical Marijuana Act, patients would have to complete their applications within 90 days of receiving the doctor’s certification. At this point, you would need to wait for the state to approve or deny your application. If it approves, it would send an MMJ card in the mail. Now, you could legally buy medical marijuana from a licensed dispensary.

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How to Apply for a Medical Marijuana Card in Idaho – A Step-by-Step Guide

  • Find a marijuana-friendly physician in Idaho and schedule an appointment
  • Discuss your prospective use of MMJ with the doctor in a 10–15-minute consultation
  • Register with the state’s MMJ program and complete the application
  • Wait for your application to be approved
  • Once you receive your MMJ card, visit a licensed dispensary

Idaho Medical Marijuana Card Qualifying Conditions

Remember, MMJ is NOT legal in Idaho. All indications are that if a program were in place, applicants would need to meet the following criteria:

  • Be aged 18+
  • Be an Idaho resident
  • Have one of the qualifying conditions (outlined below)

Patient Qualifying Conditions

The Idaho Medical Cannabis Act would enable patients with a “significant medical condition” to avail of MMJ. Here is an overview of the likely qualifying medical conditions:

  • ALS
  • Cancer
  • HIV/AIDS
  • Debilitating seizures
  • Crohn’s disease
  • Cachexia or wasting syndrome
  • Any terminal illness with a life expectancy of under a year
  • Epilepsy
  • Glaucoma
  • PTSD
  • Alzheimer’s disease
  • Severe or chronic pain
  • Severe nausea
  • Severe and persistent muscle spasms, including those characteristic of MS

Also, any Idaho resident can petition the Department of Health and Welfare to add a condition according to the proposed Medical Cannabis Act.

General Guidelines

We must point out that MMJ will not be legal in Idaho until 2024 at the earliest. House Bill 370 is extremely unlikely to advance because, as a personal bill, it bypasses the committee process. Indeed, this bill is primarily designed to lay the groundwork for future discussions. Nonetheless, we feel it is important to outline the available information relating to a potential Idaho MMJ program, and we do this below.

Medical Marijuana Card Renewal in Idaho

There is no concrete information on what the renewal process would look like. However, an MMJ card in Idaho would be valid for a year. Any renewal process created by the state would likely involve getting a fresh doctor’s certification and completing another application.

Caregiver Rules

Existing MMJ proposals in Idaho involve permitting patients to assign caregivers. Likely, caregivers must be state residents aged 21+ with no previous criminal convictions for drug offenses. The Idaho Medical Marijuana Act recommends allowing caregivers to help up to three patients. However, patients can only assign one caregiver.

A Brief History of Cannabis in Idaho

Idaho remains one of the staunchest anti-marijuana states in America. The state outlawed the substance in 1927, and numerous attempts to legalize it have failed. House Bill 370 is the latest effort and almost certainly will fail.

Kind Idaho is trying to get its MMJ legalization initiative on the ballot for 2024. However, the measure is effectively the same as the one that didn’t make the ballot for 2020 and 2022. Therefore, it seems unlikely that anything will change. The introduction of HB 370 is a positive step, even if it is virtually certain to meet the same fate as every other MMJ bill ever introduced in ID.

Idaho is so anti-marijuana at present that it doesn’t even allow CBD containing up to 0.3% THC like almost every other state. Instead, the maximum THC limit is 0.1%.

Idaho Medical Marijuana Laws and Rules

In Idaho, you can be arrested and convicted of a misdemeanor if found under the influence of marijuana on public or private property that’s open to the public. In effect, you may spend up to six months in jail for being high, even if no marijuana is found in your possession. You could spend up to a year in jail if found with any amount of marijuana. It is a felony to possess more than three ounces; you could spend up to five years in prison if convicted.

Selling, delivering, or distributing any amount of marijuana are all felonies, and it is also a felony to cultivate any amount of the substance.

What Types of Cannabis Products Can I Purchase in ID?

According to House Bill 370, MMJ patients could purchase “ingestible” marijuana processed as a tablet, pill, droplet, or chewable. The bill does NOT permit the use of marijuana in its raw form, and patients would not be allowed to smoke or vape the substance.

The Idaho Medical Marijuana Act, on the other hand, seems to indicate that patients would be allowed to buy marijuana flower.

How Much Cannabis Can I Buy & Possess?

House Bill 370 suggests that ingestible cannabis products can have a maximum of 10mg of THC apiece. In contrast, the Idaho Medical Marijuana Act states that patients could buy and possess up to four ounces of MMJ.

Where Can I LEGALLY Purchase MMJ in Idaho?

Details of where to buy medical marijuana in Idaho will only become apparent if and when the substance becomes legal.

Can I Take My MMJ to a Different State?

No. Marijuana remains a federally prohibited substance, which means it is illegal to transport it across state lines regardless of its legality in any state. However, the existing Idaho Medical Marijuana Act proposal states that Idaho would recognize out-of-state MMJ cards.

Would MMJ Patients in Idaho Be Permitted to Grow Cannabis?

Yes. The Idaho Medical Marijuana Act states that MMJ patients would be permitted to cultivate up to six plants if they obtain a “hardship designation.” This means proving that you can’t afford to buy medical marijuana. It is also possible that patients who live a certain distance from their nearest dispensary will also be allowed to grow marijuana at home.

FAQ About Getting an MMJ Card in Idaho

How Long Does It Take to Get a Medical Marijuana Card in Idaho?

Once an MMJ patient submits their application, the Department of Health and Welfare would have to make a decision within 30 days.

What If I Don’t Get Approved After My Consultation with an Idaho MMJ Physician?

Currently, it isn’t possible to schedule a consultation with a physician.

How Much Does a Medical Card Cost in Idaho?

According to the Idaho Medical Marijuana Act, the application fee can’t exceed $100.

Would Minors Be Permitted to Apply for MMJ in Idaho?

If Idaho’s prospective program is anything like other states, the answer is ‘yes.’ However, minors would only be allowed to use MMJ with the permission of a parent or legal guardian, who would also act as a caregiver.

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