Puff, Puff, Pass: The Logistics of Medical Marijuana in Virginia
By: Keiko Klisiewecz
At the ripe age of 19, I was diagnosed with Fibromyalgia, a chronic pain disability that affects just about every part of your body. Despite proper medication treatment and lifestyle changes at times pain persisted, sleepless nights erupted, and my muscles refused to work the way they should. Hence came a discussion with my doctor about the occasional use of medical cannabis. The last two years medical marijuana has got me through flares, has soothed my muscles, and has helped me reduce the sleepless nights of pain. However, there’s still a lot of confusion and misconceptions around medical marijuana, such as how is it legal in states but federally illegal? What happens if you are caught with medical marijuana, and what about age restrictions, how did I get access to it before 21? Well today we are going to be diving into some of those questions in an attempt to educate you on the medical marijuana system.
Legal Logistics:
Our first question comes down to why and how it’s legal state wide but not federally. Basically it comes down to states having their own rights/autonomy to dictate medical marijuana laws. Furthermore, medical marijuana is legal in Virginia, because state laws allow for its use and the state has created a regulated system for medical cannabis dispensaries, even though federal law still lists cannabis as a Schedule I controlled substance. Meaning that even though federal law speaks against it, state law takes precedent here.
Another important point is that while recreational marijuana is 21+, medical marijuana is 18+, which is another effect of state laws.
How Much is Too Much:
When it comes to carrying/possesing medical marijuana, it is broken up into two categories: Flower/Bud and all other products, such as edibles, tinctures, vapes, and more. According to Virginia law,“medical marijuana patients may be dispensed and carry up to 4 ounces of botanical (flower) cannabis per 30 days.” However, there are different specifications for other types of cannabis products, the specified possession limit for cannabis products is a 90-day supply. Such products, as defined under the law, may contain up to 10 mg of THC per single dose. Unfortunately the law is unclear on what constitutes a 90-day supply and simply notes that it is “up to the pharmacist discretion”. What about getting caught with medical marijuana, well it depends on how much you’re carrying and where you are carrying it. Of note, if you carry medical marijuana in your car it cannot legally be within the reach of the driver in any capacity. Also what’s important is no matter the location you cannot have more than either four ounces of flower or an ambiguous 90-day supply of other cannabis products. Anything over the listed amounts could impose a fine or even jail time depending on the amount you’re carrying. For example, more than four ounces, but less than a pound is a “Class 3 Misdemeanor (first offense), punishable by a fine of up to $500” even if you are over 21 or/and have a medical card.
Medical Dispensaries:
How does a medical dispensary work, is it regulated, and what are the differences between medical marijuana and recreational marijuana? Well firstly when you go into a medical dispensary either with your physical or digital medical card and ID card, they will link your account to the barcode on the back of your state issued ID. This way they can “log you in” each time you visit and keep track of how much marijuana you buy and how often you visit- as well as when your medical card is due for renewal. Nextly let’s look into regulation. Medical dispensaries are under regulation but they vary state to state. The Virginia Cannabis Control Authority is the primary regulatory body overseeing the licensing of medical marijuana dispensaries. They regulate the products dispensed, the employee guidelines, how much marijuana can be present in such products, and the quality of marijuana. That brings us to our next point, what is the difference between medical and recreational marijuana. Well it mostly has to do with the level of Cannabidiol, present in recreational marijuana tends to be higher than that of medical. As medical marijuana tends to contain more THC, the active ingredient in cannabis. Not to mention that based on my experiences, recreational products aren’t required to list all of their ingredients in a percentage like format, only in a way similar to that of food products, whereas medical marijuana is required to list them with the percentages of each ingredient.
Medical Card Cons:
Let’s be realistic for a second, as much as medical marijuana is hugely beneficial to many people including myself, in helping us to live healthy and functioning lives, there are some cons that come with owning a medical card in Virginia. Firstly according to federal law you cannot own a firearm as you are technically an “unlawful user” of marijuana. Meaning that you cannot hunt, you cannot have the right to defend yourself, you cannot shoot for sport, or own a firearm for any other reason. Another thing at risk may be your employment as there are no laws that protect you from your employer firing you on the basis of marijuana use. Many companies that drug test have every legal right to deny you employment or end employment despite the holding of a medical card. Another main issue for those with a medical card is the fact there are limited amounts of legal medical dispensaries in Virginia. Meaning that patients may have to travel farther than those using recreationally for medical only, regulated marijuana.
In conclusion, while medical marijuana has been a life-changing tool in helping me and many others manage pain, sleeplessness, and other various issues, it also exists within a complicated legal and social framework. Virginia’s state laws have allowed patients like me to find relief through a regulated system, but the ongoing federal illegality, unclear possession limits, and restrictions surrounding firearm ownership and employment show that the system is far from perfect. Despite these challenges, the benefits of medical cannabis for chronic pain patients are undeniable, and greater education, awareness, and reform could help bridge the gap between its medical value and the laws that still limit its use.
