Securing a job in Montana with a medical marijuana card involves a delicate balance. It's about understanding the interplay between state provisions and federal oversight. This guide walks through what cardholding patients need to know to maintain their employment and access to medical cannabis seamlessly.
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Understanding Montana's Medical Marijuana Laws
Montana has taken significant strides with its cannabis laws, offering both medical and recreational marijuana to qualifying individuals. The state first ventured into medicinal marijuana in 2004 with voter-approved Initiative I-148. The program has seen several revisions, with Initiative 182 in 2016 being notably significant. Montana also legalized recreational marijuana through the Marijuana Legalization Initiative, I-190, in the November 2020 election, with retail sales commencing on January 1, 2022.
Key Takeaway: Adults aged 21 and over can legally possess up to one ounce of cannabis, and medical marijuana cardholders are allowed the same quantity. For home cultivation, Montana residents over 21 years can grow up to two mature marijuana plants and two seedlings, with registered medical cardholders allowed up to four of each.
However, home concentrate production has restrictions, and only certain substances like water and food-grade ethanol can be used without a license.
The laws have also been shaped to support local businesses, with an 18-month moratorium on new licenses, which allowed only in-state businesses to operate. This moratorium, as part of House Bill 701, lapsed on July 1, 2023, opening the market to new businesses. House Bill 701 also set the structure for recreational cannabis use and outlined the taxes applied to cannabis sales — a flat rate of 20% for recreational cannabis and a reduced 4% for medical cannabis, with some counties having the option to add a local tax.
If you're a Montana resident looking to apply for a medical marijuana card, you'll need a passport-style photo, a $20 processing fee, and a physician’s recommendation. The card costs $20 and needs annual renewal for $10. As for the qualifying medical conditions, they include cancer, glaucoma, HIV/AIDS, cachexia, chronic pain, and PTSD, among others.
Medical marijuana patients in Montana enjoy several benefits, such as no potency caps on products and lower tax rates compared to recreational users. It's crucial for those interested to stay up-to-date with the legal landscape as the state continually refines its cannabis regulations.
For more detailed insights into Montana’s cannabis laws, you can visit the Montana Department of Revenue's Cannabis Control Division website.
If you need assistance with screening, diagnosis, and obtaining a medical marijuana certification or recommendation, ARCannabisClinic offers comprehensive services. They provide a network of marijuana doctors, nurses, and counselors ready to support patients in navigating the medical marijuana program. They also offer MMJ Therapy Visits for personalized consultations with cannabis experts to tailor medical marijuana treatment plans with specific strains, ratios, and dosing instructions.
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How to Apply for a Medical Marijuana Card in Montana
Applying for a medical marijuana card in Montana requires fulfilling certain criteria and completing specific steps, all of which can be managed through the state's TransAction Portal (TAP).
Firstly, applicants must demonstrate Montana residency with suitable proof, such as a driver's license or state ID. A clear, recent photo is also needed, meeting specific guidelines - similar to passport photos. Medical marijuana users who are minors will need additional forms and the consent of legal guardians, including a second physician's approval if required.
Applicants with qualifying medical conditions must obtain a physician's statement from a Montana licensed physician. This recommendation needs to be submitted within 60 days of application. The list of qualifying conditions includes, but is not limited to, cancer, glaucoma, chronic pain, and PTSD.
For those looking to grow their own marijuana, proof of property ownership or permission from the property owner is required. All these documents need to be compiled and submitted with the application form, along with an application fee.
If you're applying as a registered cardholder, the application fee is $20, and it's non-refundable, even if your application is unsuccessful. It's worth noting that if you are approved, the card needs to be renewed annually, which also incurs a fee.
Once your application is processed and approved, you'll be notified, and your medical marijuana card will be mailed to you. This card allows you to legally purchase medical cannabis at licensed dispensaries across Montana. Remember, the application process, including renewals, must be done through the Montana TransAction Portal (TAP).
For individuals looking to get detailed advice on medical marijuana use and mental health counseling, ARCannabisClinic stands out as a holistic healthcare provider. They offer comprehensive services ranging from medical marijuana certifications to personalized counseling, all aimed at ensuring you get the most suitable treatment plan for your needs. For those who require a detailed consultation, ARCannabisClinic provides an industry-leading MMJ Therapy Visit service for personalized guidance on strains, dosages, and treatment plans. More information on their full range of services can be found on their website.
Key Takeaway: A Montana medical marijuana card offers legal protections and access to cannabis for medical use. Ensuring your application is accurately filled and includes all necessary documentation is vital for a smooth approval process.
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Qualifying Conditions for a Medical Marijuana Card in Montana
To qualify for a medical marijuana card in Montana, applicants must be diagnosed with one or more of a specific set of medical conditions. The list includes but is not limited to cancer, glaucoma, HIV/AIDS, cachexia or wasting syndrome, severe chronic pain, intractable nausea or vomiting, epilepsy or an intractable seizure disorder, and multiple sclerosis. Also included are painful peripheral neuropathy, chronic, painful spasticity or muscle spasms caused by a central nervous system disorder, Crohn's Disease, and post-traumatic stress disorder (PTSD). In addition to these conditions, being admitted to hospice care can also make a patient eligible for medical marijuana treatment in Montana.
When you are seeking to apply for a medical marijuana card, it is crucial to obtain a physician's recommendation. This needs to be done by a state-licensed Medical Doctor (MD) or Doctor of Osteopathy (DO) within 60 days of submitting your application. If you're a minor, you will require the consent of a parent or legal guardian and might need to get a recommendation from two physicians, depending on your condition.
The state of Montana requires an application fee, and all applicants must be residents of the state. For minors, legal guardianship documentation must also be submitted if applicable.
For individuals who might not be certain if their condition qualifies or who need assistance throughout the application process, ARCannabisClinic can provide screening, diagnosis services, counseling, and medical marijuana certifications and recommendations. They offer comprehensive services to support patients every step of the way, ensuring they receive personalized and appropriate care.
Key Takeaway: It’s essential to ensure you meet the qualifying conditions and have all the proper documentation ready before applying for a medical marijuana card in Montana. ARCannabisClinic can assist in this process, offering valuable support from certification to creating a treatment plan tailored to your needs.
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Exploring your eligibility for a #MedicalMarijuanaCard in #Montana? Learn about the qualifying conditions and how #ARCannabisClinic can support you through the process, from certification to personalized treatment plans. Visit their website to find out more.
For further details on the qualifying conditions for a medical marijuana card in Montana, visit the Montana Department of Revenue or a comprehensive resource like ARCannabis Clinic which also provides an overview of the application process.
The Application Process for a Medical Marijuana Card in Montana
Applying for a medical marijuana card in Montana involves a few clear steps. To begin with, interested individuals need to secure a medical marijuana recommendation. This must be from a licensed Montana physician and is to be completed within 60 days of applying. The state uses a specific portal known as the TransAction Portal (TAP) where the whole application process takes place.
When getting started, applicants will need to have a government-issued photo ID for proof of identity, such as a Montana driver's license, state ID card, or Montana Tribal ID. It’s important to note that for minor patients, medical records supporting the qualifying condition(s) must be provided.
The cost information is straightforward: the state charges a $20 fee for new cardholder registrations and renewals, while caregiver cards are subject to a $25 state fee. Upon approval, applicants can print a temporary card and will receive the official card via US mail within 30 days. It's important for applicants to remember that they will need a method of electronic payment ready to cover the patient registration fee when they complete their application on the Complia Industry Portal.
Moreover, Montana doesn't technically have a caregiver program, but with a medical marijuana card, patients may designate up to two designated purchasers to acquire and deliver medical marijuana. For minor patients, a parent or legal guardian's consent is required for the use of marijuana.
The application process is aimed at providing access to medical marijuana for qualifying patients and it’s essential to comply with all the specified requirements. It's also advised that applicants renew their cards before the expiration date to avoid having to go through the full application process again.
For individuals needing assistance with the application process, such as getting a physician’s recommendation, ARCannabisClinic offers services including screening, diagnosis, counseling, and medical marijuana certifications and recommendations. They provide support to ensure that patients comply with all the requirements and get the necessary approvals for their medical marijuana card applications.
Key Takeaway: Ensuring that all application details and required documents are accurately prepared is essential for a smooth application process for a Montana medical marijuana card. For comprehensive support, services like ARCannabisClinic can assist with screening and certification to ensure all the medical and legal needs are met.
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For more information on the application process, please visit the Montana Department of Revenue’s official guide or use the TransAction Portal (TAP) directly for online applications.
Benefits of Having a Medical Marijuana Card in Montana
Having a medical marijuana card in Montana provides several significant benefits, especially when compared to recreational cannabis use. One of the key advantages is the financial aspect. Medical cannabis users are subject to a lower tax rate compared to recreational users, with medical marijuana being taxed at 4% by the state. Recreational cannabis, on the other hand, can be taxed at a rate as high as 20% on the retail price. This reduced tax rate for medical users can lead to considerable savings over time.
Additionally, having a medical marijuana card allows legal access for younger adults aged 18-20, who would otherwise be unable to legally purchase cannabis. Moreover, medical marijuana patients can receive specific guidance and tailored treatment plans from healthcare providers, ensuring that their cannabis use is aligned with their medical needs and conditions. This is particularly important for those who have complex health conditions or are taking other prescription medications.
Medical marijuana cardholders in Montana also have the privilege of growing more plants at home for personal use. While recreational users are restricted to two mature plants and two seedlings, medical cardholders can cultivate up to four mature plants and four seedlings. This can be a considerable benefit for those who rely on cannabis for their ongoing medical needs, providing them with a personal and potentially more affordable supply.
For those under the age of 21, a medical marijuana card in Montana is essential to legally access cannabis products. This card not only provides legal protection but also allows purchases at licensed dispensaries. Importantly, Montana medical marijuana cards are recognized in some other states, enabling cardholders to purchase medical cannabis while traveling in those states.
Lastly, patients in Montana can designate caregivers, referred to as marijuana providers or marijuana-infused product providers, to assist them with their medical cannabis needs. Caregivers can help cultivate marijuana and provide other necessary support related to the patient's medical marijuana use.
If you're considering applying for a medical marijuana card in Montana, it's vital to know that the application process is fully digital and must be completed through the state's TransAction Portal (TAP). There's a non-refundable fee of $20 for the application, and successful applicants can print a temporary card for immediate use while waiting for their official card to be mailed to them.
For individuals who need assistance with getting a medical marijuana recommendation, screening, or diagnosis, ARCannabisClinic offers comprehensive services, including counseling and certification for medical marijuana use. They are equipped to guide patients through the application process and help in formulating a customized medical marijuana treatment plan.
Key Takeaway: Holding a medical marijuana card in Montana provides several advantages, including lower taxes on purchases, legal protections, and the ability to grow a larger number of plants at home. It's a financially savvy and legally secure choice for individuals who rely on cannabis for medical reasons.
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For further details on the benefits of a medical marijuana card in Montana, you can explore resources provided by the Montana Department of Revenue or Marijuana Doctors for a more comprehensive understanding.
Navigating Employment with a Medical Marijuana Card in Montana
The employment landscape for medical marijuana cardholders in Montana, like in many other states, is evolving as local and state laws change. Employers in Montana may have to adjust their perspectives on marijuana, much as they do with alcohol, focusing on the behavior and performance of employees rather than on whether they have a medical marijuana card or not.
Despite marijuana still being classified as a Schedule I substance under federal law, state laws are providing more protections. In Montana, and several other states, employers are prohibited from discriminating against employees based on their use of medical marijuana. However, this does not necessarily extend to recreational use, and it certainly does not permit use or impairment while on the job.
One crucial point for cardholders in Montana is that no current test distinguishes between recent and past use of marijuana. Employers may choose to forgo testing for marijuana altogether, given the lack of such a test and considering that in many of these states, a positive result alone would not constitute grounds for dismissal.
It's also vital to focus on specific employee behaviors that could potentially harm third parties, rather than the potential underlying causes, like marijuana use. Employers can still take action against employees who do not meet job requirements or safety standards, and they may want to implement impairment detection programs and train employees to recognize impairment.
For those seeking employment with a medical marijuana card, it is beneficial to review your state laws and the policies of potential employers. In some states, protections have been put in place, but federal laws still do not mandate accommodations for medical marijuana use. Medical cardholders may need to be particularly mindful of workplace policies and the position's nature, especially if it's considered safety-sensitive.
ARCannabisClinic may provide support with screening and diagnosis services, counseling, and medical marijuana certifications and recommendations for those in Montana. Their services can assist patients in understanding their rights and help navigate the potential impacts on employment.
Key Takeaway: It is critical to stay informed about your rights as a medical marijuana cardholder and to understand the employment laws in Montana that may affect you. This will ensure you maintain compliance with both state and workplace regulations while benefiting from your medical marijuana card.
For more information on this topic, you could review the resources from the BLR website which discusses employer rights and employee protections or consult the State and City Laws Protecting Marijuana Users' Employment Rights on CaNorml.org.
Remember to share this message on social media to keep others informed: Understanding your employment rights as a medical marijuana cardholder is crucial. Stay informed on state laws and workplace policies to ensure compliance and protection. #ARCannabisClinic can help you with medical marijuana certifications and counseling. #MedicalMarijuana #EmploymentRights #MontanaLaw
FAQ
Can you get a job in Montana if you have a medical marijuana card? Yes, having a medical marijuana card itself does not disqualify you from obtaining employment in Montana. Employers must comply with state law, which provides legal protections for medical marijuana users. However, job applicants should be aware that federal regulations and safety-sensitive positions may have different requirements.
Is medical marijuana use protected under Montana employment laws? Yes, under the Montana Medical Marijuana Act, registered cardholders may have some employment protections. However, these protections do not allow for impairment on the job or possession of marijuana in the workplace.
Will having a medical marijuana card affect a drug test result for job screening in Montana? Yes, using medical marijuana can result in a positive drug test. While having a card may provide some legal protections, it does not change the outcome of the drug test itself.
Do employers in Montana have the right to enforce a drug-free workplace policy? Yes, employers can maintain a drug-free workplace policy. They are entitled to expect their employees not to be impaired during work hours, and federal law requires a drug-free environment in certain federal contracts and safety-sensitive positions.
Can medical marijuana patients be discriminated against for their legal use in Montana? No, discrimination against legal medical marijuana patients for their off-duty, lawful use of medical marijuana is not allowed in Montana. However, this protection does not extend to on-the-job use or impairment.
Are there specific conditions that qualify for medical marijuana use in the state of Montana? Yes, there is a list of qualifying medical conditions for medical marijuana use in Montana, such as cancer, glaucoma, severe chronic pain, and PTSD, among others.
What is the legal age to obtain a medical marijuana card in Montana? The legal age for a medical marijuana card is 18, but minors can also access medical marijuana with legal guardian approval and physician recommendation in Montana.
What documentation is required to apply for a medical marijuana card in Montana? Applicants need a valid form of identification like a driver's license, a physician's recommendation, and proof of residency to apply for a medical marijuana card in Montana.
Does federal law affect medical marijuana cardholders in Montana? Yes, despite state protections, federal law does not recognize medical marijuana, which can affect federal employees and those working in federally regulated industries.
What steps should a medical marijuana patient in Montana take if facing disciplinary action at work for medical cannabis use? Seek legal advice immediately. While Montana law provides some protections, workplace drug policy and the specifics of the situation, such as whether the use was on-the-job, will be important.
Are there legal protections for medical marijuana users against adverse action in federal contracts in Montana? Federal law governs federal contracts, and it does not recognize medical marijuana use as legal, potentially exposing users to adverse action.
Can Montana residents with medical marijuana cards purchase cannabis products from any dispensary? Yes, registered cardholders can purchase cannabis products from licensed medical marijuana dispensaries in Montana.
Is there a fee associated with applying for a medical marijuana card in Montana? Yes, there is a non-refundable application fee required when applying for a medical marijuana card in Montana.
How does the Montana Medical Marijuana Program affect medical cannabis patients' work hours? The program does not directly affect work hours. However, patients are not protected if they are impaired during work hours due to medical marijuana use.
Are medical marijuana cardholders subject to random drug testing in Montana? Yes, depending on their employer's policies and the legal requirements of their position, they may be subject to random drug testing.
What is the process for registering as a medical marijuana cardholder in Montana? The entire process must be completed through the Montana TransAction Portal, with necessary documents and the application fee.
Can Montana medical marijuana cardholders grow their own plants? Yes, they are allowed to grow a limited number of marijuana plants for personal medicinal use unless they choose to purchase from a provider.
Can a prospective employee in Montana be required to disclose medical marijuana use to employers? No, Montana law does not require individuals to disclose their status as medical marijuana patients during the job application process. However, prospective employees should be aware of company policies regarding drug use.
How does Montana state law reconcile with federal law for medical marijuana users seeking employment? Montana state law may offer protections for medical marijuana users, but it does not override federal law, which still classifies marijuana as a Schedule I controlled substance. This means that federal employees or those applying for jobs that are federally regulated may still be barred from marijuana use.
Does having a medical marijuana card protect against disciplinary action at the workplace in Montana? Not entirely. While medical marijuana cardholders in Montana are protected from being denied rights solely for their status, they can still face disciplinary action if they violate workplace drug policies, are impaired at work, or use marijuana during work hours.
Are safety-sensitive positions in Montana exempt from medical marijuana protections? Yes, safety-sensitive positions often have strict regulations regarding substance use, and employees in these positions may not be protected under Montana's medical marijuana laws during drug screenings or if they are found to be impaired at work.
Is the use of medical marijuana protected under Montana's human services employment policies? Montana's state law provides protections for medical marijuana cardholders, but employers in the human services sector may have specific policies in place regarding drug use due to the sensitive nature of the work.
Can federal regulations impact medical marijuana users' employment in the state of Montana? Yes, federal regulations can impact employment for medical marijuana users, particularly in industries regulated by federal agencies or for positions that require federal security clearance or funding.
What is the role of the Montana Department of Revenue in the medical marijuana program? The Montana Department of Revenue is responsible for regulating the medical marijuana program, including overseeing dispensaries, licensing, and ensuring compliance with state laws.
Are medical marijuana patients in Montana protected from adverse action due to their medical use under state government employment policies? State government employment policies must align with Montana state law, which means that medical marijuana use, particularly outside of work hours, may be protected. However, impairment at work or violation of specific job-related policies can still result in adverse action.
What kind of legal advice should medical marijuana users in Montana seek if they face employment issues? Medical marijuana users should seek legal advice from attorneys experienced in employment law and familiar with both state and federal marijuana regulations.
Are registered cardholders in Montana allowed recreational use of marijuana? Registered cardholders in Montana are allowed to use marijuana for their qualifying medical conditions. Recreational use of marijuana is also legal in Montana for adults over 21 years of age.
How does Montana's Department of Labor view medical marijuana use for workers with severe chronic pain? Montana's Department of Labor does not specifically address medical marijuana use for workers with severe chronic pain. Workers are advised to follow workplace policies and the guidance of their healthcare provider.
Can having a medical marijuana card in Montana impact a person's ability to get a marijuana worker permit? A medical marijuana card does not automatically impact a person's ability to get a marijuana worker permit in Montana. Permits are typically more concerned with the individual's ability to comply with regulations governing the marijuana industry.
What is the significance of a positive drug test for medical marijuana patients in the state of Montana? A positive drug test for a medical marijuana patient in Montana could impact their employment if it violates workplace drug policy, even though state law provides some employment protections for medical marijuana use.
What should Montana residents know about the proof of residency requirement for the medical marijuana program? Montana residents need to provide proof of residency, such as a Montana driver’s license or state ID, to participate in the medical marijuana program. This ensures that only Montana residents are accessing the state's medical marijuana.
Remember to consult with a legal expert or refer to state resources to confirm the current laws and how they may specifically apply to your situation.
Does Montana recognize medical marijuana cards from other states? Montana does not have a reciprocity agreement to recognize medical marijuana cards from other states. If you're visiting, you will not be able to purchase marijuana from a Montana dispensary without a Montana card.
Are there any employment protections for medical marijuana users in federal government jobs in Montana? No, federal government jobs must adhere to federal law, which classifies marijuana as a Schedule I controlled substance. This means federal employees may face disciplinary action for using marijuana, even if they are registered cardholders in Montana.
Can a Montana resident with a medical marijuana card legally consume marijuana products from another state? While Montana residents can legally consume marijuana within the state, it is illegal to transport marijuana across state lines, even if you have a medical marijuana card and are traveling from a state with similar laws.
What types of medical marijuana treatment are available to registered cardholders in Montana? Registered cardholders in Montana have access to various forms of medical marijuana treatment, including but not limited to flower, edibles, tinctures, and topicals.
Are medical marijuana cardholders in Montana protected under the Montana Department of Public Health? The Montana Department of Public Health oversees the state's medical marijuana program, ensuring patient safety and compliance with state laws. However, this does not guarantee job protection for medical marijuana use.
What kind of qualifying medical conditions are necessary to become a registered cardholder in Montana? Qualifying medical conditions include cancer, glaucoma, chronic pain, PTSD, and other debilitating conditions as defined under the Montana Medical Marijuana Act.
Can a medical marijuana card affect my ability to get a driver's license in Montana? Having a medical marijuana card does not affect your eligibility to obtain a driver's license in Montana. However, driving under the influence of marijuana is illegal and can result in legal consequences.
How does Montana law protect medical marijuana patients from adverse action due to their legal use? Montana law provides certain employment protections for legal use of medical marijuana outside of work hours. However, this does not protect against on-the-job use or impairment.
Can a Montana medical marijuana cardholder be subjected to disciplinary action for lawful product use outside of work? Generally, no. Employers cannot discipline medical marijuana cardholders for lawful use of marijuana outside of work hours, but this does not cover any form of impairment during work hours or use on the premises.
How can ARCannabisClinic help Montana residents with their initial application for a medical marijuana card? ARCannabis Clinic can provide assistance to Montana residents through the initial application process by offering screening, diagnosis, and physician recommendations required for the application.
What should prospective employees in Montana know about medical marijuana laws during the job interview process? Prospective employees should be aware that employers may still enforce a drug-free policy, and it's important to understand both the state law and the employer's policy on drug use.
Is there a department of transportation exemption for medical marijuana users in Montana? Yes, since the Department of Transportation follows federal guidelines, employees subject to DOT regulations cannot use medical marijuana, even if they have a card in Montana.
What should a medical marijuana cardholder in Montana do if they face legal protections issues at work? They should seek legal advice, especially if they believe they have been discriminated against in violation of Montana's medical marijuana employment protections.
How does the Montana medical marijuana program define a lawful product for medical cardholders? In Montana, a lawful product for medical cardholders includes any state-sanctioned marijuana product obtained from a licensed dispensary for use in accordance with a physician's recommendation.
How can a medical marijuana cardholder in Montana ensure they are following the entire process for legal use? By strictly adhering to the guidelines set forth by the Montana Medical Marijuana Program and consulting with services like ARCannabis Clinic for proper usage and compliance.
What are the rules regarding mature plants for cardholders cultivating their own marijuana in Montana? Registered cardholders are allowed to cultivate up to four mature plants and four seedlings for personal medical use, as per the state regulations.
Can prospective employees in Montana with medical marijuana cards face a positive drug test? Yes, they can face a positive drug test, and it is up to the employer's policy on how they proceed with the test results.
What can medical marijuana patients do to prevent safety of other employees being compromised? Patients should use their medication responsibly, ensuring they do not attend work while impaired, and follow all job safety protocols.
If a medical marijuana user in Montana faces a positive drug test, can ARCannabisClinic provide counseling? Yes, ARCannabisClinic can provide counseling and guidance on medical marijuana use and understanding the implications of a positive drug test result.
How do medical marijuana users ensure compliance with state legislature while using cannabis products in Montana? Compliance can be ensured by adhering to the state's medical marijuana guidelines, which include possessing a valid medical marijuana card, purchasing from licensed dispensaries, and consuming within the legal limits. Staying informed about the Montana medical marijuana laws and any updates is also crucial. For legal advice or if they encounter issues, consulting with a legal professional who specializes in this field would be beneficial.
For more detailed information, guidance on responsible use, or in case of any legal trouble, patients can also consult with organizations like NORML or look into state-specific resources provided by the Montana Department of Public Health & Human Services.
Conclusion
ARCannabisClinic stands as a pioneering full-service holistic company committed to supporting patients in alternative healthcare. Their network of marijuana doctors, nurses, and counselors offers comprehensive medical and mental health services, assisting in acquiring medical marijuana cards and counseling for mental health disorders. They also provide an unmatched MMJ Therapy Visit, where patients receive tailored medical marijuana treatment plans. For more info, visit ARCannabisClinic and to learn about their therapy visit, click here.
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