Out of state resident looking for documentation?

[BuddyBoo]

I am interested in seeing a Doctor in California. I am a past California native of close to 30 years, of my 48 year of life. I voted in the 1996 election, and voted for prop 215. I am now in Arizona for work, and sold my house 10 years ago in California.

I was injuried while serving in the Navy when I was 21 years old. Back injury and broken ankle that required surgery. I've got about 15 screws and a metal plate holding it all together. I've been dealing with muscle spasms and Athritis. I have been taking anti-inflammatory and muscle relaxer medications since then. I consider my self in good shape, but the Arthritis symptoms have gotten worse over the past 7 years, and the muscle spams happen more often.

This brings me to my legal question. I'd like to see a doctor in California to see if my symptoms would be eliglible to receive a Medical Marijuana card.

It appears as stands, the medical marijuana card is just an official recommendation from a doctor, that the use of marijuana would help in the treatment of my injuries and symptoms. If I were a California, it would also allow me to have and use medical.

My thought is, if I was ever arrested in a state that has yet to allow their citizens to use or have in my possession medical marijuana, I'd be allowed to disclose, to the jury, the fact that I have been see by a medical doctor, and that as part of my treatment plan, Medical Marijuana has been recommended.

In my state (Arizona), 65% of the population has already voted to legalize medicial marijuana of its citizien. We are in the process of voting again on this issue in November 2010, as the first proposition had enough loop holes in it allowing the courts of Arizona to null the voters wishes.

Seeing that 65% of voters concur that arizona residents should have the ablity to access, and treat their symptoms with Medical marijuana that is prescribed by a doctor, it would be much easier for voters/jury members to find a patient not guilty of the use or possession of medicial marijuana.

Could I go to California and see a medical doctor, and have them recommend medicial marijuana. I'm just looking for the reccomendation, not the legal ability to use or possess in California?

It would seem this could be possible, if the reccomendation included a phrase that "This patient is not a legal resident of California, and there for does not quailfy under California proposition 215 to use or obtain medical marijuana in the state of California".

 

[P8riot]

As I understand the situation, and I am by no means a lawyer, you have establish residency in the state where you are seeking a recommendation. I don't know what the term of residency is in Cailfornia, but I think it's 30 days. I believe that you need to have a state-issued ID card or driver's license to prove your residency.
As far as the Arizona juries supporting your case if you were ever busted for possession or whatever in that state, I think that is wishful thinking. Juries in this country are traditionally greatly influenced by the instructions given to them by the judge. Plus, the cost of defending yourself in a jury trial is going to be pretty high, unless you have a lawyer for a relative. As a person who suffers from anxiety, plus nausea as a side effect of my diabete's meds, I can relate to your situation. Also, I live in Texas, where draconian laws against herb are the norm. Just be very careful until your state passes the MMJ laws and I wish you nothing but relief for your suffering. Peace!

 

[iloveX]

you can see a medical marijuana doctor in California only if you have California ID. Medical marijuana is not legal in Arizona.

 

[sungoddess]

You must have residency in CA to have a doctor's rec for a MMIC. Even if you were to, say, take a weekend trip to CA and think "Hey, I'm gonna get myself state ID & then see a CA doc first thing on Mon morning before heading back to AZ," you wouldn't be able to do that. The DMV mails the IDs out, so you wouldn't get your ID for weeks. Also, the doc offices (if legit) will check up on your address to make sure it's legit. Then, when you go to a dispensary, they will check to make sure your addy & info is legit as well (again, speaking for a legit dispensary as well).

GL & hope you find some relief. I hate to hear anyone w/o access to what they need.

 

[richwes]

I also live in Az., but wife and I are looking to purchase a condo in Dan Diego for part time use on week-ends and when ever I can get there to get away from heat. ( daughter and grand-kids live there )
Does any one know if it would be possible to get Cali I.D. ( would like to keep Az. drivers licence if possibe ) of some sort, so that I could get Med Card, under these condition's ?
I have Epilepsy and a rare form of Migraine known as Chronic Daily Headache which can be debilitating.
The only the that has helped it has been MMJ, which my Dr. is aware of.
This is also one of the reasons we are considering this.
Once my wife retires we would probably move there full time as that's where family is.
Thanks for any help.

 

[YardDog35]

If you had an address in CA you can get a CA ID card or CA driver license.

Here is the problem as stated above. If you are caught with MMJ in Arizona you have no defense. Just because you have a CA recommendation does not mean AZ will let you walk. You will be charged according to AZ law.

Hopefully AZ will uphold its voters wishes this November so good folks like you can get the medicine they need.

 

[richwes]

Thanks for reply yarddog,
Am aware of what would happen in Az if found with Cali. MMJ but have been smoking it for about 6 months through a friendly source.
It has been the only thing that has helped my CDH since it started almost 2 years ago.
Was more worried about how difficult it would be to get California i.d while having dual residence.

 

[MedicalNeed]

You should get your recommendation in CA. just pay the 25 bux get a CA. drivers license and see the doctor.
They will issue you a license with simply a valid mailing address. And punch out your expiration date on you other state license and give it back to you cause they mail you your license in CA.
But your punched home state license thou punched will still be valid until it expires so technically you will have two valid licenses.

Only Montana has it written where they accept out of state MMJ recommendations.

But of yours is dated before your state allows it I think it is worth doing, as long as you do get an in state one when they allow it. And having a CA. one my make it easier to get the other one when a doc may be on the fence about deciding to write you a recommendation it may decide for him?
And when you travel between the states you will be legally protected in both states once you get the one for AZ.

When they pass it in your state you will be one up. If there is an issue you can get a in state recommendation even after being charged for cannabis and it will hold up.

And if you do this you can register to vote in CA. and participate in the Nov. elections and do your part by voting Via proxy in the Mail. See how AZ. likes them there apples and you can pay your taxes thru CA. as well.

If they are not giving "Compassion" in your home state why should you give them your tax money?

 

[MedicalNeed]

Oh and take all your Medical Records with you to the doctors it makes it easy and a lot more "Thorough" of a valid Dr. Patient relationship with the paper work.

Otherwise you may only get a 3 month recommendation. And asked to document your condition thru your reg. doc who is scared to write it for you. Which will cost you more money so take your medical records.

And once you have it done you will just need to renew it before it expires and it will be valid for life.


Hope that helps and makes you more able to decide.

 

[richwes]

Thanks MedicalNeed,
My Dr. in Az. Has no problem with writing recommendation for it, just no good here yet.
Both my neurologist and headache specialist are believers in MMJ. and are at Mayo which is a fairly reputable hospital.
I can bring them reams of medical records if they'd like.
We are still looking for a condo, will be going down there again in a week or two.
Just got some Grape Ape from Northern Cal and am getting ready to check it out.

 

[sungoddess]

Also something to consider, when you get a CA ID, it does state, when you are signing for it & filling out the paperwork, that you have 10 days to change over your driver's license, motor vehicles etc & it also says your DL in another state then becomes null and void after getting your state ID & once you have your CA ID you are a CA resident. Just an "FYI" tip for you to consider.

The only thing I can suggest is to go ahead & do it, but then go back and just get your AZ ID or renew your DL or something... like cancel it out to cover yourself, if that makes sense... just like on the off chance you get pulled over. Don't want to find out that your DL is void or something stupid. All the DMVs are intertwined & I've found out the hard way that I was driving on no license before. Luckily it wasn't a big deal & I was able to take care of it.

 

[Hamase]

Am reading the text of the 2010 initiative in AZ.
12. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE WHO HOLDS A VALID AND EXISTING LICENSE TO PRACTICE MEDICINE PURSUANT TO TITLE 32, CHAPTER 13 OR ITS SUCCESSOR, A DOCTOR OF OSTEOPATHIC MEDICINE WHO HOLDS A VALID AND EXISTING LICENSE TO PRACTICE OSTEOPATHIC MEDICINE PURSUANT TO TITLE 32, CHAPTER 17 OR ITS SUCCESSOR, A NATUROPATHIC PHYSICIAN WHO HOLDS A VALID AND EXISTING LICENSE TO PRACTICE NATUROPATHIC MEDICINE PURSUANT TO TITLE 32, CHAPTER 14 OR ITS SUCCESSOR OR A HOMEOPATHIC PHYSICIAN WHO HOLDS A VALID AND EXISTING LICENSE TO PRACTICE HOMEOPATHIC MEDICINE PURSUANT TO TITLE 32, CHAPTER 29 OR ITS SUCCESSOR.

I just read thru Title 32. Nowhere in it does it say the doctor has to be a RESIDENT of AZ, merely be licensed to practice here. There seem to be multiple pathways to getting licensed here, but basically it would seem if you have passed the medical requirements in another state or national, haven't been accused of anything bad, and pay the fees; then AZ would grant you a license here. I would be willing to guess that there probably are doctors who are licensed to practice in both or multiple states...

I especially like the part about Naturopathic and Homepathic practicioners being included