Can You Get a Medical Card for Migraines in Your State?

With cannabis regularly associated with migraine relief, many may wonder, "Can I get a medical card for migraines in my state?" Despite the prevalence of migraines and their regular association with medical marijuana, not every state includes migraines on its qualifying conditions list. Read on to discover which states issue medical cards for migraines and how you can find out the laws in your state.

What are Qualifying Conditions?

A qualifying condition is a term used to describe a medical condition listed by a medical board or program. With medical cannabis, each state sets its qualifying conditions.¹ This piecemeal approach to cannabis legalization means that not every migraine patient will qualify. Some conditions in one state program won't be found in others.

Some may claim that recreational laws have expanded access so much that medical programs are no longer needed. While some state markets do seem to support the argument, the reality is that having a medical cannabis card remains immensely beneficial. 

Depending on state laws, having a medical cannabis card can come with several perks and benefits, including: 

• Access to higher-dose products
• Higher possession limits
• Home grow access 
• Sales priority 
• Tax breaks
• Other potential perks 

Additional possible benefits include reciprocity in some states, which allows visiting patients to possess and consume medical cannabis in states where it is permitted legally. 

Underage patients are another crucial component to consider. Having a medical cannabis card is the only legal way a minor can consume in the U.S. Having that ID also provides legal protections to parents and guardians possessing or administering cannabis to a minor patient. 

How Can I Find My State's Qualifying Conditions?

In some states, the laws and regulations are spelled out. In others, additional clarification may be required. 

In any case, individuals should verify their information with additional high-quality sources, such as NuggMD. Advocacy groups like NORML, the Marijuana Policy Project, and Americans for Safe Access are highly recommended for their up-to-date policy coverage, helpful guides on qualifying conditions, and many other critical cannabis topics. 

Which States Have Migraines as a Qualifying Condition?

Despite regular anecdotal support claiming cannabis benefits migraine sufferers, obtaining a medical card for migraine-related issues isn't possible under every state program. 

However, several states do include migraines on their list in some form. These include:

• California
• Connecticut (for intractable headache syndromes)
• Delaware (for Chronic Debilitating Migraines)
• Florida
• Missouri (for intractable migraines)
• North Dakota
• New Jersey

That, however, does not exhaust all legal pathways to medical cannabis. 

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

In some instances, state medical programs qualify on symptoms rather than conditions. Some of the commonly reported symptoms that may be eligible for medical cannabis include:

• Severe/chronic pain 
• Nausea and vomiting

Additionally, numerous medical conditions may include migraines as one of its common symptoms. Many of these medical conditions are often included on various qualifying conditions lists, including: 

• Fibromyalgia 
• Post-traumatic stress disorder 
• Multiple sclerosis 
• Traumatic brain injury 
• Anxiety disorders 
• Epilepsy 
• Cancer 
• Lupus 

Other avenues may also lead to qualification. Some states don't list qualifying conditions, instead allowing a patient's doctor to decide if they think medical cannabis is an appropriate treatment. Others permit potential patients to apply for an exception or an appeal to include their medical condition in the state program.

No matter the path taken, anyone hoping to obtain medical cannabis should consult with their state's cannabis board to understand the rules and what is required to qualify for the program.

Do Any Symptoms of Migraines Count as Qualifying Conditions?

If migraines aren't included on a state's list of qualifying conditions, start looking for migraine symptoms that are. If a state includes symptoms such as severe pain, nausea, or vomiting, there may be some leeway permitting migraine patients into the program. 

Potential patients should be aware of the rules and regulations in the state they live in or will be visiting. Be sure to confirm the rules with the state programs whenever possible. 

If unable to qualify for a state medical program, many patients can legally obtain CBD without a medical recommendation. In this scenario, patients can try to use CBD products, like oil and gummies, for migraine relief and management.

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.