Christmas 2024 will probably be in the history books by the time you read this post. As I write though, we still have a week to go. I mention this because a friend recently asked me whether he could give medical cannabis as a Christmas gift. I cautioned him to be careful. The last thing he wants is to find himself on Santa’s naughty list.
All kidding aside, the answer is not as clear-cut as it might seem. It really depends on state laws and the actual products someone is thinking of giving. Let us unpack this using Utah as an example. I do not live in the Beehive State, but they have one of the best medical cannabis laws in the country.
Obtaining Medical Cannabis in Utah
Utah is a medical-only state. That means recreational marijuana is off limits. Obtaining medical cannabis requires applying, and being approved for, a medical cannabis card. Only patients with qualifying medical conditions can get the cards.
There are five types of cards in the Beehive State:
- Patient card
- Provisional patient card
- Caregiver card
- Guardian card
- Non-Utah resident card
According to the operators of the medical cannabis dispensary Beehive Farmacy in Salt Lake City, state law doesn’t allow people to purchase medical cannabis on their own cards and then give it to someone else. There are some exceptions with the Caregiver and Guardian cards. But with those exceptions, you wouldn’t be giving medical cannabis as a gift. You would be giving it because it is your responsibility to do so.
It is also worth noting that anyone wishing to use medical cannabis in the state must have a valid card. So you could not buy medical cannabis on your card and give it to someone else who doesn’t have one.
The Definition of Medical Cannabis
Another thing to consider is the definition of medical cannabis. Most people think of marijuana and THC as the standard definition of medical cannabis products. If you fall into that camp, then all medical cannabis products in Utah are governed by the rules relating to purchase, possession, and state-issued cards. But there is another way to define it.
CBD is yet another cannabinoid offering limited medicinal benefits. I use a CBD cream to alleviate shoulder pain. Here’s the thing: both CBD and the plant from which it is derived (hemp) are fully legal throughout the United States. No special license or card is necessary to purchase CBD products.
Also note that hemp is a variety of cannabis. Therefore, hemp used medicinally is technically medical cannabis. Ditto for hemp-derived products containing CBD. Because no license or card is necessary to purchase or possess CBD, I could legally purchase CBD oil and give it to a family member for Christmas.
Regulations Vary by State
The rules regarding CBD and hemp are universal across the U.S. However, rules governing medical cannabis and THC are managed at the state level. That means they vary from one state to the next. I have described how Utah addresses medical cannabis possession and distribution. Your state might do something entirely different.
Unless you know for sure that your state allows purchasing medical cannabis and giving it to someone else, don’t take any chances. Winding up on the naughty list could mean serious penalties you probably want to avoid.
If you have your heart set on giving medical cannabis for Christmas, pick up a nice CBD oil or topical cream. Perhaps that special person in your life would appreciate some CBD gummies instead. Stick with CBD and you will avoid any potential trouble.
