At last count, there were more than 100K active medical cannabis cardholders in Utah. That is pretty impressive for a program that is only about five years old. But not every card applicant is approved. Some are denied based on a variety of reasons. If you are one of those whose applications have been turned away, you might wonder what to do next.
Unfortunately, Utah does not offer a straightforward and simple appeal process similar to appealing a speeding ticket or a denied disability claim. But that doesn’t mean you have no avenues for appealing a denied medical cannabis card application. The things you can do in the face of an application denial depend on your patient status and the reason for denial.
Get a Handle on the Reason
The first thing to do when a medical cannabis card application is denied is to get a handle on the reason. The Utah Department of Health and Human Services (DHHS) should be able to clarify things for you. You might even find the reason or reasons for denial in your EVS account. Common reasons include:
- Not having a qualifying condition.
- Missing documentation.
- Provider certification issues.
- Problems with your payment.
You really cannot move forward until you understand why your application was denied. If you look in your EVS account and do not find a reason for denial, contact the Center for Medical Cannabis by phone or email. Ask specifically what part of your application led to the denial. Also ask about any corrective action you might take before resubmitting.
Issues relating to payments, certification, and documentation are usually pretty easy to fix. Once fixed, you can ask your medical provider to update their side of the application before you resubmit it through the EVS.
If Your Medical Condition Doesn’t Qualify
Administrative issues are pretty easy to deal with. But if your application has been denied because your condition doesn’t exactly match one of the conditions on the state’s qualifying list, you have a harder row to hoe. You may or may not succeed, so be prepared for both outcomes.
State law allows exceptions to the qualifying conditions list by going through the Compassionate Use Board (CUB). You can petition the Board and ask to be treated as a qualified patient. However, you do not submit the petition yourself. A medical provider submits the petition through the EVS. Practically speaking, this is how it works:
- You team up with a Recommending Medical Provider (RMP) who believes medical cannabis can help you and is willing to petition the CUB on your behalf.
- The RMP completes a medical cannabis certification, then creates and submits a CUB petition with your application.
- The Board will then review your case and issue a decision within 90 days.
If the CUB approves your petition, your medical cannabis card will be granted and you will be on your way. But if your petition is denied, there is little else you can do. Exemptions granted by the CUB are really the last opportunity for a patient whose application has been denied.
Probably Nothing to Worry About
If you have not yet applied for a medical cannabis card but are thinking of doing so, you probably have nothing to worry about in terms of denial. Assuming you are at least 21 years old and have been diagnosed with a qualifying condition, you should not have any trouble getting your card.
Medical cannabis card applications are denied from time to time. But the fact that there are now more than 100K card holders in Utah shows most applications are approved.
