We passed a constitutional amendment to allow medical marijuana for certain specified conditions. You will need to read the amendment to determine whether or not your conditions are on the list. If you have a condition on the list, your doctor will need to sign a form verifying that you have said condition which you will then take to the department of public health to apply for a permit. You pay the fee and are issued the card. The health department is currently issuing cards.

Theoretically, you now have the right to possess marijuana. Unfortunately, we have no dispensaries, so there is no place to obtain said marijuana legally. Permits were issued for growing facilities last month, but those permits are on hold due to questions about the process used to select the companies given the permits. Until the growing facilities are up and running, dispensaries will have nothing to sell.

Hypothetically, marijuana can be legally obtained from another patient, as long as said patient does not sell it to you. Of course, the question will come up as to how that person obtained the weed.

Truthfully, law enforcement and the courts are dealing with a whole new world here. I predict it will be several years before all of the cases wend their way through the courts and we have a stable policy.

Yeah, that's pretty much what I have found. I'm not sure that it is necessary for a dispensary to secure their product locally (ie., in state), but that would not surprise me. I have found how to apply for a patient cert. card which we will be doing right away. However, such cards will not be issued until a certain period of time prior to dispensaries being available and then is good for 1 year only. In other words $50 per year.

Mel does qualify, however.

Thanks.

I had not heard that they have suspended issuance of the patient cards.

I believe that prosecution for possession, when accompanied by the card, would be barred. The legal analysis would be similar to that of having alcohol in a dry county- merely being in possession of it does not establish that it was purchased within the county, and because you have a right to have it, there is no probable cause to question you regarding how you got it.

I expect that there will be some overzealous officers, and a few overzealous prosecutors. We may even have a judge or two that will refuse to accept the correct interpretation. Ultimately, though, the Arkansas Supreme Court will likely uphold the constitution.

My current advice to my clients is to refuse to answer any questions regarding where they obtained the marijuana if they are caught with it, and instead assert: "I have a card issued by the State of Arkansas which gives me the right to possess and use cannabis. Here is my card. I am not violating any law, and wish to make no further statement."

Good luck!