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Medical Marijuana Cardholder-to-Cardholder Sales a New Legal Issue

With 2012 election and new marijuana laws that came with it now behind us, it seems some states where medical marijuana is legal are now taking issue publicly with the transfer of dispensary products from one medical marijuana cardholder to another.


In much the same way that two people who visit the same pharmacy would not legally be able to swap prescriptions, medical marijuana cardholder-to-cardholder exchanges are not legal, but they certainly are on the rise, according to some state officials.

With this new issue creeping up, it is no surprise that employers that require applicants to pass a drug test are ramping up their efforts to catch marijuana users.

In effect, even in a state where medical marijuana is legal, employers still have the legal right to not employ or to dismiss existing employees for using medical marijuana. This is especially true in “right to work” states, namely Arizona.

We need look no further than the opinions of Arizona government officials to get an idea of how this “red state” feels generally about any marijuana use, even for medicinal purposes. The Keep AZ Drug Free chairwoman, Carolyn Short, stated recently, “Any benefits to the few participants in the marijuana program who are seriously ill are overwhelmingly outweighed by the harms to our kids and communities.” 

So it looks like yet again Arizonans and medical marijuana users in many other states will still have to be able to pass a drug test to keep their jobs. Many of these tests, generally done by urine or hair sample, are done on the fly, right at the workplace in many instances, which makes knowing how to pass a random drug test a viable skill, sad to say.

Even though medical marijuana cardholder-to-cardholder sale and exchange charges number less than three dozen across nearly 40,000 current cardholders in Arizona, the state is not taking a laissez faire approach to the issue. It’s entirely conceivable a whole new level of drug testing for marijuana could be in the near future, even for medical marijuana cardholders there.


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