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How To Transfer From State To State


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#1 LadyArdwinna

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Posted 03 May 2011 - 01:21 PM

Does anyone know the procedure for transferring my Washington 'license' to Michigan as I will be moving back soon...

#2 CedarSpringsCG

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Posted 03 May 2011 - 01:24 PM

You can't transfer a license. Your Washington card will cover you as long as it is valid while your here, although lots of people might have problems selling to you, at least the law will cover you.

All you can do is bring medical records, and find a doctor once you get here and get a michigan Dr Cert and apply for a MI card. Not much other way I see.

Cedar

#3 Highlander

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Posted 03 May 2011 - 03:19 PM

an out of state card is only valid for 30 days.


Where do you get this information? I see nothing about a 30-day limit.

#4 wolfgama

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Posted 04 May 2011 - 12:53 AM

Welcome!!...Bring all Med.Records!!..See A Doc..Here!!..Get The Ball Rolling!!..L.E.O. Has mind all it's Own!!..Better Safe Than Sorry!!..Just My 2 Cent's worth!!..Peace!!.. :thumbsu:

#5 Ms Chocolate

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Posted 06 May 2011 - 01:35 PM

Your Washington card will cover you as long as it is valid while your here...


Most out-of-state MMJ cards invalid in Michigan. The exceptions are those that are issued under the laws of another state or district of the United States that allows the medical use of marihuana by a visiting qualifying patient. I believe that only includes those from: Arizona, Rhode Island, Maine, and Montana.

#6 CedarSpringsCG

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Posted 06 May 2011 - 03:55 PM

Most out-of-state MMJ cards invalid in Michigan. The exceptions are those that are issued under the laws of another state or district of the United States that allows the medical use of marihuana by a visiting qualifying patient. I believe that only includes those from: Arizona, Rhode Island, Maine, and Montana.

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.


The law says that, in plain english, an out of state card that allows use will have the same force and effect as a card issued here. Why do you say it is invalid? Our LAW doesn't say anything about it only applies to certain states. I think you are reading it incorrectly, the card or state itself doesn't have to allow visiting patients, we allow theirs however.

30 days I think someone is trying to say is a limit for "residence". as long as you haven't set up residence, it will apply. There is no limit. However once you move here, you should get it rolling ASAP, just like a drivers license.

#7 treehugger

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Posted 06 May 2011 - 08:12 PM

The law says that, in plain english, an out of state card that allows use will have the same force and effect as a card issued here. Why do you say it is invalid? Our LAW doesn't say anything about it only applies to certain states. I think you are reading it incorrectly, the card or state itself doesn't have to allow visiting patients, we allow theirs however.


My reading of the statute you quote indicates that MI only honors outside cards from entities that also recognize outside cards = reciprocity. (if they had inserted "also" in front of allows, it would have added some clarity) I agree with Ms Chocolate on that issue.

#8 Timmahh

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Posted 06 May 2011 - 10:14 PM

if you are approved for MMJ in another state, your card is good in Michigan until it is expired under the visiting patients clause. you can not grow, you can not be a cultivator, but you can aquire and hold (and possilbly donate meds) to any other Mi caregiver under our MMMA 08 Laws.

to further support this, if you read thre the FAQ area, there is a question asked, and asnwered to the effect, of visiting other states, and it says currently, MDCH, MMMP department is unaware of any other states that allow for use for Michigan MMMP patients that are visiting other MMJ Legal states.

so your ok, but as noted, get the app and dr appt done and processed asap.

Edited by Timmahh, 06 May 2011 - 10:17 PM.


#9 Highlander

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Posted 06 May 2011 - 10:37 PM

Was your Wash. Dr. with THCF? or one of the ther clincs that has multiple Docs....and maybe one of the Docs is also licensed in MI. If so, you might just see if the same Doc will sign your MI application when the time comes.

#10 CedarSpringsCG

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Posted 07 May 2011 - 06:38 AM

My reading of the statute you quote indicates that MI only honors outside cards from entities that also recognize outside cards = reciprocity. (if they had inserted "also" in front of allows, it would have added some clarity) I agree with Ms Chocolate on that issue.


As Timmah pointed out, the FAQ supports my opinion that any card from another state is covered. The part of "that allows the medical use of marihuana by a visiting qualifying patient" as the FAQ suggests is a visiting qualifying patient to Michigan.

Question: I am a valid medical marihuana patient under another state's law. Am I protected?

Answer: Yes, under Section 4(j) of the MMMA, a registry identification card or its equivalent issued by another state government to permit the medical use of marihuana by a qualifying patient or to permit a person to assist with a qualify patient's medical use of marihuana has the same force and effect as a registry identification card issued by the Department.


Question: Is the MMMA recognized by other states? Can I travel to another state with medical marihuana and my MMMP registry identification card and not be arrested or charged with civil or criminal penalties?
Answer: At this time, the MMMP is not aware of any "reciprocity" agreements with any other states to honor the Michigan law. This includes even those states that have medical marihuana laws of their own, such as Washington and California. Because medical marihuana programs vary by state, you may want to contact the state you are traveling to for information on their laws.


As pointed out, MDCH is not aware of any reciprocity. Oh and just to be clear, these come directly from the FAQ on http://www.michigan.gov/mmp

Edited by CedarSpringsCG, 07 May 2011 - 06:39 AM.


#11 Ms Chocolate

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Posted 07 May 2011 - 08:35 AM

You are right, the FAQ page does say, “MDCH is not aware of any reciprocity”, but this page has not updated since posted. What I did was read each state’s law to see which one allowed reciprocity. The states I listed all have the same basic wording I have highlighted: 4(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

NORML also did the legwork.
Arizona RECIPROCITY: Yes. The act defines a 'visiting qualifying patient' as a person 'who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence.' In addition: "Visiting qualifying patient" means a person:
(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.
(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence.

Montana RECIPROCITY: Yes. Authorizes qualifying patient with registry identification card (or its equivalent) to engage in the medical use of marijuana. Also authorizes a person to assist with a qualifying patient’s medical use of marijuana. Mont. Code Ann. §50-46-201(8) (2009). And from the state’s Q&A site: Is a patient’s medical marijuana card issued by another state valid in Montana?
Yes, if the card is current. Under 50-46-201 (8), MCA “A registry identification card or its equivalent issued by another state government to permit the medical use of marijuana by a qualifying patient…” However, while in the State of Montana, approved patients from other states must stay within the confines of Montana law.

Maine RECIPROCITY: Yes. Authorizes visiting qualifying patient with valid registry identification card (or its equivalent), to engage in conduct authorized for the registered patient (the medical use of marijuana) for 30 days after entering the State, without having to obtain a Maine registry identification card. Visiting qualifying patients are not authorized to obtain in Maine marijuana for medical use. Me. Rev. Stat. Tit. 22, §2423-D (2010).

Rhode Island RECIPROCITY: Yes. Authorizes a patient with a debilitating medical condition, with a registry identification card (or its equivalent), to engage in the medical use of marijuana. Also authorizes a person to assist with the medical use of marijuana by a patient with a debilitating medical condition. R.I. Gen. Laws § 21-28.6-4(k) (2006).

If the State does not accept us, we do not accept them. Should anyone decide to do otherwise, they risk arrest and all the crap that comes with it.

The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).

#12 treehugger

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Posted 07 May 2011 - 08:48 AM

As Timmah pointed out, the FAQ supports my opinion that any card from another state is covered. The part of "that allows the medical use of marihuana by a visiting qualifying patient" as the FAQ suggests is a visiting qualifying patient to Michigan.

As pointed out, MDCH is not aware of any reciprocity. Oh and just to be clear, these come directly from the FAQ on http://www.michigan.gov/mmp


I stand by my reading of the legal statute you quoted above, "Faqs" are not legal statutes, nor due they carry the force of law...




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