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How Can I Get Permission to Grow Medical Marijuana?

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  • Written By: G. Wiesen
  • Edited By: Heather Bailey
  • Last Modified Date: 07 April 2014
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Obtaining permission to grow medical marijuana can be a complicated and potentially difficult process with some particularly tricky legal issues involved. Some places such as Amsterdam have made the growing of marijuana legal, though it is controlled by certain government regulations. In the United States (U.S.), however, being able to grow medical marijuana is a far more complicated issue. The primary problem is that it brings into light a conflict between states' rights and laws, and federal laws regarding illegal drug regulations. To grow marijuana in the U.S., any sort of applicable permission to grow the plants must be obtained from the state where the plants will be grown.

Programs to legalize the growing and selling of medical marijuana exist in states such as Colorado. Anyone looking to become a medical marijuana grower must seek a license from the state government and register with the U.S. Food and Drug Administration (FDA). The inventory by weight and a list of clients must be carefully managed and reported to state regulators. Any misplaced inventory or customers who do not have permission through a doctor to purchase medical marijuana will cause legal ramifications for a grower.

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Other states, such as California, have also made it legal for ordinary citizens to grow marijuana to sell through licensed businesses for medical purposes. Such growers and businesses pay taxes on the sales to both the state and federal government like any other enterprise, which would make it seem like there are no other legal repercussions with the issue. The federal government, however, has made the growing and selling of marijuana illegal throughout the U.S. This means that someone can grow medical marijuana legally at a state level, but be breaking federal laws and be open to investigation and prosecution by the U.S. Drug Enforcement Administration (DEA).

Regardless of your location, an excellent first step to gain permission to grow medical marijuana would be to contact your local government. If you are in the U.S., you should contact your state for a business license and the FDA for permission to grow. This process may take months or years, depending on the state and other factors. You should also be sure that you are ready to deal with the potential legal ramifications of growing marijuana even for medical uses. Even with proper licensing and assurances from your state, you may still find DEA agents bringing federal charges against you.

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Discuss this Article

wiesen
Post 4

The only problem with this is that it is entirely dependent upon Eric Holder as the attorney general. The next attorney general could come in and completely undo such policies and tireless prosecute medical marijuana.

Until there is real federal reform about the growing and use of medical marijuana, it is still federally illegal. Regardless of whether it is actively prosecuted or not.

GiraffeEars
Post 3

@ Alchemy- I read an article about Eric Holders statements in the Washington post that took an in depth look at his statements and their implications. The directive coming from attorney General holder was to focus law enforcement resources on those breaking laws, using the laws as a cover for illegal operations, or in cases where firearms are involved. As long as those running medical marijuana grow rooms keep adequate records that could pass any audit, then they should be safe from prosecution.

My belief is that we are starting to see a reform of some of the ineffective and unfair drug laws that overburden this countries legal system. A recent bill that fixes the sentencing disparity between crack and cocaine offenders along with the shift in prosecution of medical marijuana is a welcomed sign. We will finally focus the billions of dollars spent on fighting drugs to the areas where they are needed like catching violent traffickers, and preventing the sale of drugs to minors.

Alchemy
Post 2

@ Fiorite- What are the rules regarding growers supplying dispensaries? These growers are not necessarily considered caregivers since they grow on a larger scale. These grow operations are not the grow closet operations used by caregivers supplying four or five people, these operations need to grow ponds of cannabis at a time to supply hundreds of patients.

Fiorite
Post 1

The federal government, via attorney general Eric Holder, has clarified its intent on prosecuting medical marijuana. According to the Nation's top lawyer, the DEA or any other federal agency will not pursue the prosecution of medical marijuana patients or their caregivers as long as they remain within the bounds of the established laws of their states.

I live in Arizona, and this means that the caregivers, otherwise known as growers, are allowed to grow marijuana for up to five patients. They must be licensed by the state, and keep track of patients and inventory just as the law states, but they are safe from prosecution at the state and federal level. The law rolls out in about three months, and so far, all agencies within the state seem to be complying. Zoning ordinances are being established, permits are being issued, and the state is taking a step toward modern and progressive policies.

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