Can You Get a Medical Card for Back Pain or Chronic Pain?

In the U.S., states set guidelines for medical cannabis programs, creating their own rules and regulations. Qualifying conditions are vital in determining who can and cannot participate in the legal market. 

Pain is an all too common experience that affects countless individuals in a number of forms. Even though cannabis has long been linked to pain relief, it isn’t included on every state's list of qualifying conditions. Can you get a medical card for back pain? Which states let you use cannabis for pain? Where can you legally get cannabis for issues like back pain and other typical sources of discomfort?

What are Qualifying Conditions?

In the United States, most medical cannabis states use qualifying conditions to determine who may be approved as patients. Each state sets its rules and qualifying conditions, meaning a condition may qualify in one state but not in the next.¹ That varying eligibility level applies to many medical conditions and symptoms, including pain.

There are several potential benefits, no matter the state, for qualifying medical cannabis patients. Some of these include:

• Access to higher dose products.
• Increased possession limits.
• Home cultivation opportunities.
• Sales priority.
• Tax breaks.
• Discounts.
• Other potential perks.

Additional possible benefits include reciprocity, which allows patients to obtain medical cannabis while visiting participating states legally. Likewise, having an active medical cannabis card provides legal rights to parents and guardians when possessing or administering cannabis to a minor in the program.

How Can I Find My State's Qualifying Conditions?

In some states, learning about medical cannabis laws and regulations is relatively easy. In others, additional resources and steps may be required. 

Some states' medical cannabis program websites are robust, clearly presenting critical information such as qualifying conditions. Other states lack clarity, making information difficult or impossible to find. 

That said, anyone looking to determine if they can get a medical card for back pain or other common painful ailments should start by checking their state's medical cannabis program website. Call or email the office if the answers aren't clearly provided.

In some cases, additional research might be needed. Sites like NuggMD and advocacy groups like NORML, the Marijuana Policy Project, and Americans for Safe Access are great resources for up-to-date information and coverage about medical cannabis and any legislative developments.  

Which States Have Pain as a Qualifying Condition?

Currently, pain is included in all medical cannabis states' qualifying conditions lists. However, legislative differences create a number of different rules across the country.

The following states include pain, with various individual requirements, on their list of qualifying conditions:

• Alabama (Intractable pain where conventional treatments fail)
• Alaska (Severe pain from chronic conditions)
• Arizona (Severe and chronic pain)
• California (Physician discretion)
• Colorado (Severe debilitating pain, conditions prescribed opioids)
• Delaware (Pain unresponsive to treatment for over three months)
• Hawaii (Severe debilitating pain)
• Illinois (Chronic pain, conditions prescribed opioids)
• Kentucky (Chronic, severe, or intractable pain)
• Louisiana (Intractable pain if untreatable or severe, any debilitating condition determined by a physician)
• Maine (Physician discretion)
• Maryland (Severe debilitating pain)
• Michigan (Severe and chronic pain)
• Minnesota (Chronic pain)
• Missouri (Chronic pain or conditions usually treated with opioids)
• Montana (Severe pain disrupting daily life)
• Nevada (Severe pain)
• New Hampshire (Moderate to severe chronic pain)
• New Mexico (Severe chronic pain)
• New Jersey (Chronic pain)
• New York (Physician discretion)
• North Dakota (Pain unresponsive to treatment for over three months)
• Ohio (Chronic, severe, or intractable pain)
• Oklahoma (Physician discretion)
• Oregon (Severe pain)
• Pennsylvania (Severe chronic, intractable, and neuropathic pain)
• Rhode Island (Debilitating chronic pain)
• South Dakota (Severe debilitating pain)
• Utah (Pain not managed by other treatments)
• Vermont (Pain from chronic, debilitating conditions)

Can I Still Get a Medical Card If My State Doesn't Have Pain as a Qualifying Condition?

If pain or a specific type of pain is not listed in a state's qualifying conditions, there are still legal options to explore. In California, Maine, Oklahoma, and New York, any condition can qualify for the medical cannabis program as long as a certified physician feels cannabis can positively benefit the patient's situation. 

In select states, aspiring patients can petition the state medical cannabis board or regulatory body overseeing the program. Individuals can present their case to the state medical or cannabis board, which may result in an exception for the patient. This appeal process may also qualify  the condition or symptom to be included on the state's list.

Is Pain a Symptom of Any Qualifying Conditions?

Yes, pain is a common symptom in many qualifying conditions, including cancer, multiple sclerosis, arthritis, inflammation, body pain, and others. Pain may also co-occur alongside other qualifying conditions, like insomnia or migraines. As such, it’s possible to qualify for a medical cannabis program with a condition that includes pain as a symptom. 

In cases where medical cannabis is not legally available, patients may want to consider turning to hemp-derived CBD for back pain and other types of chronic pain. CBD derived from hemp with less than 0.3% THC is legal under the 2018 Farm Bill and is widely available in most states. The cannabinoid is regarded for its health potential, which may produce similar beneficial effects as THC without any intoxicating "high" effects. Minor cannabinoid and hemp-derived products may also be available as a THC alternative, depending on state laws. 

With such varied possibilities, potential patients should consult their state program to best understand the rules and regulations around pain and  medical cannabis in their state. 

References

1.  Boehnke KF, Gangopadhyay S, Clauw DJ, Haffajee RL. Qualifying Conditions Of Medical Cannabis License Holders In The United States. Health Affairs. 2019;38(2):295-302. doi:https://doi.org/10.1377/hlthaff.2018.05266 ↩︎

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.