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1)
What
are Proposition
215 (Prop 215), the Compassionate Use Act of 1996, and Senate Bill
(SB) 420?
2)
What is the
Medical
Marijuana Program (MMP) and what does it do?
3)
What is a
Medical
Marijuana Identification Card (MMIC) and how can it help me?
4)
How do I know if I qualify for a MMIC?
5)
What serious medical condition(s) do I need to have to qualify for a
MMIC?
6)
When and where can I apply for a MMIC?
7)
Are medical marijuana patients and their primary caregivers required to
enroll in the MMP?
8)
I am a qualified patient. How
do I apply for a MMIC?
9)
Is it necessary to include copies of my medical records with my
application?
10)
How much does it cost to apply for a card?
11)
What is a primary caregiver?
12)
I am a primary caregiver for a qualified patient.
How do I apply for a MMIC?
13)
How long will it take to get my MMIC?
14)
How long is a MMIC valid?
15)
How do I renew my MMIC?
16)
Is my MMIC valid outside of California?
17)
Is my MMIC valid in other California counties?
18)
Do I need to let my county’s program know when I change my attending
physician or primary caregiver?
19)
Can the state MMP refer me to a doctor?
20)
What happens to my application and other private health information after
I give it to my county’s MMP?
21)
I am a legal representative for a qualified patient who cannot make their
own medical decisions. Can I apply
for them?
22)
Why do I need to apply for my
MMIC in person?
23)
I am a caregiver for a bedridden qualified patient.
What can I do to help my patient apply for a MMIC?
24)
Why does my primary caregiver need to come to my county’s program
office with me to apply for our cards?
25)
My primary caregiver lives in a different county than I do. Which county program do we apply to?
26)
Can a minor apply for a MMIC?
27)
What can be proof of identity for a minor?
28)
My application for a MMIC was denied.
How can I appeal this decision?
29)
What information will appear on the MMIC?
30)
How do I replace my MMIC if it is lost or stolen or damaged so badly it
is unusable?
31)
How much marijuana can I have in my possession?
32)
Where can I get the seeds or plants to start growing marijuana for my
medical use? How can I get related
products?
Q:
What are Proposition
215
(Prop 215), the Compassionate Use Act of 1996, and Senate Bill
(SB) 420?
A: Prop
215 is another term for the
Compassionate Use Act of 1996. Prop
215 was the first statewide medical marijuana measure voted into law in the
United States. Prop 215 provides
protections to seriously ill persons who have their doctor’s recommendation to
use marijuana for medical purposes. Prop
215 also provides protections to the physicians and primary caregivers who
assist these seriously ill persons, who are known as “qualified patients”
under SB 420 (Chapter 875, Statutes of
2003).
SB 420 was enacted into the Health and Safety Code of California (Sections 11362.7 through
11362.83) to address problems with Prop 215. SB 420 requires the California Department of Health Services
to create the Medical Marijuana Program (MMP).
The state MMP is responsible for developing and maintaining an online
registry and verification system for Medical Marijuana Identification Cards or
“MMICs.” MMICs are available to
qualified patients and their primary caregivers. The intent of SB 420 is to help law enforcement and qualified
patients by creating a form of identification for qualified patients that is
official and uniform throughout the State.
The online registry allows law enforcement to verify that a MMIC is
valid. For more information see the
MMP’s home page.
Q:
What is the Medical
Marijuana Program (MMP) and what does it do?
A: The California Department of Health Services (CDHS) manages the State’s MMP as
authorized by SB 420.
Several counties also use the term “MMP” for their programs.
The MMP developed the “Medical Marijuana Identification Card” or
“MMIC” and operates the internet system to verify these MMICs.
Q:
What is a Medical
Marijuana Identification Card (MMIC) and how can it help me?
A: The MMIC identifies the cardholder as a person protected under the
provisions of Prop 215 and
SB 420.
It is used to help law enforcement identify the cardholder as being able
to legally possess certain amounts of medical marijuana under specific
conditions.
Q:
How do I know if I qualify for a MMIC?
A: You will need to discuss this with your attending physician.
In order to qualify for the protections of Prop 215 and
SB 420, you will
need to be diagnosed with a serious medical condition.
The diagnosis and your physician’s recommendation that the use of
medical marijuana is appropriate for you must be documented in your medical records.
Q:
What serious medical condition(s) do I need to have to qualify for a
MMIC?
A: A serious medical condition, as defined by SB
420, is any of
the following: AIDS; anorexia; arthritis; cachexia (wasting syndrome); cancer;
chronic pain; glaucoma; migraine; persistent muscle spasms (i.e., spasms
associated with multiple sclerosis); seizures (i.e., epileptic seizures); severe
nausea; any other chronic or persistent medical symptom that either
substantially limits a person’s ability to conduct one or more of major life
activities as defined in the Americans with Disabilities Act of 1990, or if not
alleviated, may cause serious harm to the person’s safety, physical, or
mental health.
Q:
When and where can I apply for a MMIC?
A:
The state MMP will begin with its pilot program in May of
2005, and will begin statewide implementation by late summer of 2005.
Four counties are participating in the pilot phase.
To learn if your county has started accepting applications, view the list
of county programs
web page. Hours of
operation, fees, and application locations will vary.
You may need to contact your county’s program for more information.
Q:
Are medical marijuana patients and their primary caregivers required to
enroll in the MMP?
A: No. Participation
in the MMP is voluntary.
Q:
I am a qualified patient. How
do I apply for a MMIC?
A: In order to see if your county is accepting applications you
will need to view the list of county programs.
When your county begins accepting applications for MMICs, you will need
to fill out an Application/Renewal Form. You
must reside in the California county where the application is submitted.
You will need to provide current documentation with your application as
follows:
·
A copy of your medical records
that documents the use of medical marijuana is appropriate for you.
·
Proof of identity.
This can be a California Department of Motor Vehicles (DMV) driver’s
license or identification (ID) card or other government-issued photo ID card.
·
Proof of residency which can be:
o
Rent or mortgage receipt.
o
Utility bill.
o
California DMV motor vehicle
registration.
You
must apply in person at your county’s program.
There you will be asked to:
·
Pay the fee required by your
county program. Medi-Cal
beneficiaries will receive a 50 percent reduction in the application fee.
·
Have your photo taken at the
county’s program office. This
photo will appear on your MMIC.
Q:
Is it necessary to include copies of my medical records with my
application?
A: Yes. To simplify
this requirement, the state MMP offers a form to serve this purpose. It is the Written Documentation of
Patients Medical Records form. It
is simply a form your physician can use to state in writing that you have a serious
medical condition and that the use of medical marijuana is appropriate.
The original is submitted with your application and a copy must be kept
in your medical records at your physician’s office.
Q:
How much does it cost to apply for a card?
A: Fees vary by county. You
will need to contact your county’s program
to find out the fee your county charges for a MMIC application.
Also, if you request the 50 percent Medi-Cal reduction, you will need to provide
proof of participation in the Medi-Cal Program.
Your county’s program will provide you with information on what type of
proof you need to qualify for the reduction.
Q:
What is a primary caregiver?
A: A primary caregiver is a person who is consistently
responsible for the housing, health, or safety of a qualified patient.
A primary caregiver must be at least 18 years of age, unless the primary
caregiver is an emancipated minor or the parent of a minor child who is a
qualified patient. A primary caregiver can also be an owner, operator, or up to
three employees of a clinic, facility, hospice, or home health agency.
For more information please visit the Responsibilities:
Applicant, Primary Caregiver, and Physician
web page.
Q:
I am a primary caregiver for a qualified patient.
How do I apply for a MMIC?
A: As a primary caregiver you cannot apply for a MMIC.
The patient you care for is responsible for applying for your MMIC.
Your patient will need to fill out an Application/Renewal
Form and check the appropriate box on the top of page one to include
primary caregiver. You do not need
to reside in the California county where the application is submitted, but you
must provide information on your residence.
If you are the primary caregiver for more than one qualified patient you
must reside in the same county as them. You
will need to provide proof of identity which can be a California DMV driver’s
license or California ID card or other government-issued photo ID
card. You must apply in person at
your county’s program.
There you will be asked to:
·
Pay the fee required by your
county program. Medi-Cal
beneficiaries and their primary caregivers will receive a 50 percent reduction to the
application fee.
·
Have your photo taken at the
county office. This photo will
appear on your MMIC.
Q:
How long will it take to get my MMIC?
A: Once you submit your completed and signed application form
with the required documents (proof of residency, medical documentation, etc.) to
your county’s program, the county
program has 30 days to approve or deny your application. Once the application is approved, the county program has five
days to make the MMIC available to you. It
can take 35 days to receive your MMIC if the application is complete and the
county program finds no reason to deny your application.
If any information or documents are missing, this may delay processing
your application. If this is the
case, your county’s program will contact you within 30 days from the day you
submit your application. If you do
not receive your MMIC in 35 days, contact your county’s program.
Q:
How long is a MMIC valid?
A: Generally, one year.
Q:
How do I renew my MMIC?
A: Renewing a MMIC requires the same process as when you
originally applied. This includes
verifying your information and giving you a new MMIC and new number. If your medical documentation is still valid, you may use
this for your renewal. It may not
be necessary for you to obtain new medical documentation.
Your county’s program will verify
any information they feel is necessary. You
will need to contact their office for more information.
Q:
Is my MMIC valid outside of California?
A: No.
Q:
Is my MMIC valid in other California counties?
A: Yes. This is a
statewide identification card and registry program.
Q:
Do I need to let my county’s program know when I change my attending
physician or primary caregiver?
A: Yes. You need to
contact them within seven days. Failure
to do so may result in the invalidation of your MMIC.
Q:
Can the state MMP refer me to a doctor?
A: No. The MMP does
not maintain lists of physicians nor is it a referral service.
Q:
What happens to my application and other private health information after
I give it to my county’s MMP?
A: Your application will be kept confidential and secure.
The only release of your application will be with your written
permission. This includes appeals
of denied applications to the state MMP. (The
Appeals Form contains a declaration and
signature block regarding this release.)
Q:
I am a legal representative for a qualified patient who cannot make their
own medical decisions. Can I apply
for them?
A: Yes.
A conservator with authority to make medical decisions, surrogate
decision maker authorized under an advanced health care directive, an
attorney-in-fact under durable power of attorney for healthcare, or any other
individual authorized by statutory or decisional law to make medical decisions
for the qualified patient may apply for that patient.
Q:
Why do I need to apply for my MMIC in person?
A: You will need to have your photo taken which will appear on the MMIC.
Also, certain verifications will need to be completed in person.
Q:
I am a caregiver for a bedridden qualified patient.
What can I do to help my patient apply for a MMIC?
A: Check with your county’s program
for information.
Q:
Why does my primary caregiver need to come to my county’s program
office with me to apply for our cards?
A: Only a patient can apply for either type of card, and both
the patient and the primary caregiver must provide certain personal information
to the county program. You both
need to apply in person at the county program office because you will both be
photographed for each MMIC.
Q:
My primary caregiver lives in a different county than I do. Which county program do we apply in?
A: The county the patient resides in.
Q:
Can a minor apply for a MMIC?
A: Yes. A minor can
apply as a patient or caregiver under certain conditions. Minors may apply for themselves as qualified patients if they
are lawfully emancipated or have declared self-sufficiency status.
If the minor has not declared self-sufficient status or is not
emancipated, the county’s program is required to contact the minor’s parent,
legal guardian, or person with legal authority to make medical decisions for the
minor. This is to verify
information on the Application/Renewal Form.
An emancipated minor or the minor's parent of a qualified patient may apply
as a primary caregiver. If a minor declares status as a self-sufficient minor or is
an emancipated minor, his or her county program may require additional
documentation. Contact your county’s
program for more information on additional required documentation.
Q:
What can be proof of identity for a minor?
A: Minors may use government-issued photo identification, such
as a California driver’s license or a California ID card.
A certified copy of a birth certificate can be sufficient proof of
identity for a minor.
Q:
My application for a MMIC was denied.
How can I appeal this decision?
A: Please see the Appeals web page
for more information on appealing a county's decision to deny your application.
Q:
What information will appear on the MMIC?
A:
·
A unique user identification
number of the cardholder
·
Date of expiration of the
identification card
·
Name and telephone number of the
county program that has approved the application
·
Internet address used to verify
the validity of the MMIC
·
Photo identification of the
cardholder
·
“Patient” or “Primary
Caregiver” to specify the cardholder
Q:
How do I replace my MMIC if it is lost,
stolen, or damaged?
A: Please contact
your county’s program for more details
and fees.
Q:
How much marijuana can I have in my possession?
A: For information on possession limits please visit the Health
and Safety Code Section 11362.77 or
contact your local law enforcement authority.
Q:
Where can I get the seeds or plants to start growing marijuana for my
medical use? How can I get related
products?
A: The
MMP is not authorized to provide information on acquiring marijuana or other
related products.
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