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Who Can ‘Prescribe’ Medical Cannabis Depends on State Law

Among the most common questions I run across in my medical cannabis research goes something like this: “Who can prescribe medical cannabis for my condition?” The answer to that question depends on state law. Every state with legalized medical cannabis has its own regulations in place.

Not Really a Prescription

This question is worth unpacking because there is a lot in play here. The first thing to note is that a medical cannabis prescription isn’t really a prescription in a legal sense. And in fact, I don’t know of a single state in which a doctor pulls out his prescription pad for medical cannabis access.

Doctors cannot legally write prescriptions for medical cannabis due to the fact that marijuana remains a Schedule I controlled substance. What they actually do is recommend medical cannabis based on state regulations. A recommendation gives a patient the opportunity to apply for a medical cannabis card. Likewise, a valid card gives a patient the legal right to purchase cannabis medicines.

With the prescription issue out of the way, the real question then becomes one of who can make a medical cannabis recommendation. It is generally doctors. But again, there are variations depending on state law. Let us use Utah as an example.

Two Types of Medical Providers

For the purposes of writing its regulations, Utah lawmakers have defined those legally allowed to offer medical cannabis recommendations as medical providers. There are two types of medical providers in Utah:

1. Qualified Medical Provider

The Qualified Medical Provider (QMP) was the only type of medical provider able to make medical cannabis recommendations when Utah’s law was first introduced. A QMP can be any doctor, physician assistant, nurse practitioner, or orthopedist with prescribing authority in the state.

To become a QMP, a doctor must undergo continuing education. A number of different courses qualify under state law. The medical provider must also pay an annual licensing fee to remain a QMP.

2. Limited Medical Provider

Under Utah’s original law, it became clear that there were not enough QMPs to keep up with demand. More importantly, patients living in rural communities did not have access to QMPs without driving considerable distances. So a couple of years in, state law makers introduced the Limited Medical Provider (LMP) program.

LMPs are also doctors, physician assistance, nurse practitioners, and orthopedists with state prescribing authority. How do they differ from QMPs? They have not paid for a license, and they haven’t necessarily undergone continuing education.

The advantage QMPs have over LMPs is the ability to recommend cannabis to a patient load equal to 1.5% of the total number of active medical cannabis users in the state. LMPs can only recommend cannabis to up to fifteen patients at a time.

From the Patient’s Perspective

The operators of Salt Lake City’s Beehive Farmacy say there are no practical differences between the two types of medical providers from the patient’s perspective. Establishing both types of medical providers was a move intended to increase access to patients. It has done exactly that.

Utah’s system is not entirely unique. Some of the details are, but the general concepts are fairly consistent in most other states with medical cannabis programs. Medical providers with state prescribing authority are generally able to recommend medical cannabis with certain restrictions.

If you have been asking the question, research your state’s regulations. I am sure they clearly define who can and cannot recommend medical cannabis. If you need help finding a local provider, there is a good chance that the state agency responsible for regulating medical cannabis publishes provider information on its website. Check it out. You can also check Beehive Farmacy’s website for more info-

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