Canadian with a prescription for medical CBD/cannabidiol

[Canadough 0]

Long time lurker, first time poster. 

 

My partner and I are in the research stages of deciding what route we want to take - whether it's K-1 or spousal visa application, etc. I have been reading the forums, checking the search function, and trying to gather as much info as possible. I will also be consulting an immigration lawyer when I'm able to. 

 

I have seen countless stories about admitting to illegal drug use risking a ban, and also have read many stories in the news about Canadians getting grilled at the US border about marijuana use (or sometimes even being stupid enough to bring their prescriptions across). What I haven't found yet, is any information on potential issues with approval relating to an actual medical marijuana prescription holder. 

 

Background being: I have fibromyalgia and endometriosis. My research has seemed to conclude that these won't really be considered a basis for medical denial so I'm less worried there. But as I don't handle hormonal medications well,  nor do I respond to traditional non-opiate pain medications (I refuse opiates), my doctors have concluded that I may benefit from CBD oil treatment. For those not familiar, most CBD oils contain very little to no THC content and therefore (provided it's under 0.25% THC) don't even show up on drug tests. There is no "high" associated with this. While it is fully legal with a prescription here and will be nationally legal in Canada without prescription by this summer, I know it's still a controlled substance in the US. 

 

I obviously have zero intention of ever bringing this across the border, but I am concerned with what this means for my medical and interview. Does possessing a prescription for medical marijuana and/or CBD oil mean an instant ban? This is all new territory for me. That said, I have not yet started treatment or even accepted the script yet because I'm super paranoid of being denied the ability to be with my partner just because of the medication I've been prescribed. 

[NikLR 13,232]

Due to marijuana of all kinds being illegal in the USA federally speaking,  I would not fill that prescription. 

[JFH 12,191]

On 1/31/2018 at 11:11 AM, Canadough said:

I'm super paranoid of being denied the ability to be with my partner just because of the medication I've been prescribed. 

Can he not move to Canada then? Seems an odd choice for the person with health issues requiring a lot of treatment to leave a country with a good state healthcare system to move to the country with the most expensive health costs in the world.

[Pitaya 2,577]

To be clear, in June 2019, the FDA approved the use of  a specific Cannabidiol (CBD)-based medication for use in the treatment of seizures associated with Lennox-Gastaut syndrome (LGS) or Dravet syndrome in patients aged 2 years and older. In September 2019 the US Federal Drug Enforcement Administration (DEA) upon the recommendation of the US Federal FDA, changed the controlled substance classification of the specific Cannabidiol (CBD)-based medication, Epidiolex, from Schedule 1 (no accepted medical use and a high abuse potential) to Schedule 5 (proven medical use and a low abuse potential). It seems that the DEA grudgingly changed only the classification of the CBD-based product only after FDA approval for use. This action complies with the directives and intent of the 1970 US Federal Controlled Substance Act (CSA).

 

The wheels of the US Senate grind ever so slowly, and it seems that there several powerful Senators that will likely block the notion of further legalization and decriminalization of tetrahydrocannabinol (THC) and CBD use in the US for the foreseeable future (hopefully, the next election cycle). However there are several states, including my own state of Washington that have approved the legal use by adults of THC and CBD-based products for recreational and medical use. To legally obtain cannabis-based  products in Washington state, for medical purposes, it is contingent upon seeing a doctor that has practical knowledge and expertise to prescribe cannabis-based products, enroll the patient into the state medical marijuana (cannabis) program and obtaining a written "prescription" for a cannabis-based preparation to be used to treat the qualified terminal or debilitating maladies. The "prescription" must be obtained from a Washington State licensed physician. The patient then takes the "prescription" to a state-licensed cannabis dispensary that have state-approved medical marijuana consultants on staff to aid in the product selection process, can then purchase their cannabis-based prescription. At this time, the enrollment in the voluntary state medical marijuana program also allows the patient to possess a large supply of cannabis, grow your own cannabis at home, or join a growers' collective. This is just a brief overview of the Washington state process and is still being refined and is evolving,  other states' programs are likely different.

 

https://www.webmd.com/epilepsy/news/20180928/dea-reschedules-cbd-drug-for-epilepsy

https://www.doh.wa.gov/YouandYourFamily/Marijuana/MedicalMarijuana/PatientInformation/QualifyingConditions

https://www.marijuanadoctors.com/medical-marijuana/wa/state-id-program/

 

Good luck on your immigration journey.

 

BTW: Why is this topic that was posted in Jan. 2018 being resurrected at this time?

Edited November 23, 2019 by Pitaya