Marijuana State Laws – Summary Chart from ProCon.org
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Why are some states not on this list? Our list includes states that have legalized use of the marijuana plant for medical purposes. States that limit use to the nonpsychoactive marijuana extract called cannabidiol (CBD) are not included on this list, although we do keep track of those legal CBD states in our resource States with Laws Specifically about Legal Cannabidiol (CBD). Also not included are states whose legalization laws require physicians to "prescribe" marijuana (an illegal act under federal law) vs. "recommend" marijuana (considered protected free speech between doctor and patient), as well as states that have passed "affirmative defense" laws in which arrested marijuana users are allowed to mention medical use in their defense.
Notes (click to expand)
Residency Requirement
All states require proof of residency to apply to be qualifying patients, although the length of time considered to be a resident varies by state.
Home Cultivation
Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), stated the following in a Feb. 24, 2017 email to ProCon.org:
"Some or all patients and/or their caregivers are allowed to cultivate medical cannabis in 16 of the 28 states. Home cultivation is not allowed in Arkansas, Connecticut, Delaware, Florida, Illinois, Maryland, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania or the District of Columbia and a special license is required in New Mexico. In Arizona, Massachusetts, Nevada, and North Dakota, patients can only cultivate in some circumstances, such as if they live a certain distance from the nearest dispensary or if they are granted a waiver for financial hardship."
Patient Registration: Mandatory vs. Voluntary
Karen O'Keefe, JD , Director of State Policies for Marijuana Policy Project (MPP), stated the following in a Feb. 24, 2017 email to ProCon.org:
"Affirmative defenses, which protect from conviction but not arrest, are or may be available in several states even if the patient doesn't have an ID card: Colorado, Maryland, Michigan, Nevada, Oregon, and Rhode Island, in some circumstances, Delaware and Ohio. Hawaii also has a separate 'choice of evils' defense. Patient ID cards are voluntary in Maine, California, and Washington but in California and Washington they offer the strongest legal protection. In Delaware, the defense is only available between when a patient submits a valid application and receives their ID card. In Ohio, the defense is only available until 60 days after the state begins accepting patients' applications.
The states with no protection unless the patient is registered are: Alaska (however, any adult 21 and older may possess and cultivate limited amounts of marijuana), Arizona, Arkansas, Connecticut, Florida, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Pennsylvania (apart from minor patients with a ‘safe harbor' letter), and Vermont. Washington, D.C. also requires registration."
Louisiana's Medical Marijuana Legislation
In Louisiana, SB 271 was introduced in 2016 to amend a 2015 law that failed to legalize medical marijuana because it said that doctors could "prescribe" medical marijuana, which is illegal under federal law. The new bill changed the wording to "recommend," which is legal, but did not contain any protections from prosecution for patients, growers, or distributors.
SB 180 was created to close that loophole, but only offered protections for patients who lawfully possess medical marijuana; as a result, the bills did not legalize distribution or cultivation, meaning patients cannot get legal access to marijuana. In addition, draft regulations would require doctors in Louisiana to list dosage amounts with their recommendations, which may put physicians at risk of violating federal drug laws. For these reasons and others, neither the Marijuana Policy Project nor the National Council of State Legislatures has classified Louisiana as a state with a legal medical marijuana program. This may change depending on how the situation develops in the state.
United States Attorneys' Letters to Legal States, 2011-2013
Several states with legal medical marijuana received
letters from their respective United States Attorney's offices explaining that marijuana is a Schedule I substance and that the federal government considers growing, distribution, or possession of marijuana to be a federal crime regardless of the state laws. An Aug. 29, 2013 Department of Justice memo clarified the government's prosecutorial priorities and stated that the federal government would rely on state and local law enforcement to "address marijuana activity through enforcement of their own narcotics laws."
Symbolic Medical Marijuana Laws, 1979-1991 and 2015
Between Mar. 27, 1979 and July 23, 1991, five US states enacted laws that legalized medical marijuana with a physician's prescription, however, those laws are considered symbolic because federal law prohibits physicians from "prescribing" marijuana, a schedule I drug.
The five states were Virginia (Mar. 27, 1979), New Hampshire (Apr. 23, 1981), Connecticut (July 1, 1981), Wisconsin (Apr. 20, 1988), and Louisiana (July 23, 1991).
On June 29, 2015, Louisiana Gov. Bobby Jindal signed
SB 143 into law, which states: "[A] physician licensed to practice medicine in this state may prescribe, in any form... except inhalation, and raw or crude marijuana, tetrahydrocannabinols... for therapeutic use by patients clinically diagnosed as suffering from glaucoma, symptoms resulting from the administration of chemotherapy cancer treatment, and spastic quadriplegia." The law does not make Louisiana a legal medical marijuana state because the law uses the word "prescribe" and federal law prohibits physicians from prescribing marijuana, a schedule I substance. States that have legalized medical marijuana use the word "recommend." Louisiana may try to address this issue in the process of determining regulations.
Louisiana Sen. Fred Mills, Jr. (R), sponsor of SB 143, stated the following in a July 1, 2015 email to ProCon.org: "I would like to thank everyone who worked on the passage of SB 143 and Governor Bobby Jindal for signing this important legislation. The next step in this process will be in the rule making arena. Every day I receive calls from families in Louisiana requesting Medical Marijuana. We have more work to do and I look forward to that day."
1.Alaska
State Medical Marijuana Laws
Ballot Measure 8 -- Approved Nov. 3, 1998 by 58% of voters Effective: Mar. 4, 1999
Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."
Approved Conditions:
Cancer, glaucoma, HIV or AIDS, any chronic or debilitating disease or treatment for such diseases, which produces conditions that may be alleviated by the medical use of the marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic or multiple sclerosis. Other conditions are subject to approval by the Alaska Department of Health and Social Services.
Possession/Cultivation:
Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Information provided by the state on sources for medical marijuana:
No information is provided
Patient Registry Fee:
$25 new application/$20 renewal
Accepts other states' registry ID cards?
No
Registration:
Mandatory
2.Arizona
State Medical Marijuana Laws
Ballot Proposition 203 "Arizona Medical Marijuana Act" -- Approved Nov. 2, 2010 by 50.13% of voters
Allows registered qualifying patients (who must have a physician's written certification that they have been diagnosed with a debilitating condition and that they would likely receive benefit from marijuana) to obtain marijuana from a registered nonprofit dispensary, and to possess and use medical marijuana to treat the condition.
Requires the Arizona Department of Health Services to establish a registration and renewal application system for patients and nonprofit dispensaries. Requires a web-based verification system for law enforcement and dispensaries to verify registry identification cards. Allows certification of a number of dispensaries not to exceed 10% of the number of pharmacies in the state (which would cap the number of dispensaries around 124).
Specifies that a registered patient's use of medical marijuana is to be considered equivalent to the use of any other medication under the direction of a physician and does not disqualify a patient from medical care, including organ transplants.
Specifies that employers may not discriminate against registered patients unless that employer would lose money or licensing under federal law. Employers also may not penalize registered patients solely for testing positive for marijuana in drug tests, although the law does not authorize patients to use, possess, or be impaired by marijuana on the employment premises or during the hours of employment.
Approved Conditions:Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn's disease, Alzheimer's disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (including epilepsy), severe or persistent muscle spasms (including multiple sclerosis). Starting Jan.1, 2015, PTSD was added to the list.
Possession/Cultivation: Qualified patients or their registered designated caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.
Amended:Senate Bill 1443
Effective: Signed by Governor Jan Brewer on May 7, 2013
"Specifies the prohibition to possess or use marijuana on a postsecondary educational institution campus does not apply to medical research projects involving marijuana that are conducted on the campus, as authorized by applicable federal approvals and on approval of the applicable university institutional review board."
[Editor's Note: On Apr. 11, 2012, the Arizona Department of Health Services (ADHS) announced the
revised rules for regulating medical marijuana and set the application dates for May 14 through May 25.
On Nov. 15, 2012, the first dispensary was awarded "approval to operate." ADHS Director Will Humble stated on his blog that, "[W]e'll be declining new 'requests to cultivate' among new cardholders in most of the metro area… because self-grow (12 plants) is only allowed when the patient lives more than 25 miles from the nearest dispensary. The vast majority of the Valley is within 25 miles of this new dispensary."
On Dec. 6, 2012, the state's first dispensary, Arizona Organix, opened in Glendale.]
Contact and Program Details
Arizona Department of Health Services (ADHS)
Medical Marijuana Program
150 North 18th Avenue
Phoenix, Arizona 85007
Phone: 602-364-1793
Information provided by the state on sources for medical marijuana:
"When a qualifying patient obtains or renews a registry identification card, the Department will provide a list of all operating dispensaries to the qualifying patient." ADHS, "Qualifying Patients FAQs," azdhs.gov (accessed Feb. 8, 2017)
Patient Registry Fee:
$150 / $75 for Supplemental Nutrition Assistance Program participants
Accepts other states' registry ID cards?
Yes, but does not permit visiting patients to obtain marijuana from an Arizona dispensary
Constitutional amendment making medical marijuana legal in Arkansas and establishing a system for cultivation, acquisition, and distribution of marijuana.
Approved Conditions: Cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette's syndrome, Crohn's disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer's disease; A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; Any other medical condition or its treatment approved by the Department of Health
Possession/Cultivation: 2.5 ounces of usable marijuana per 14-day period
The new law gives the Department of Health 120 days to adopt rules and regulations for the medical marijuana program. A Medical Marijuana Commission will be created to determine licensing requirements for dispensaries and cultivation facilities.
Accepts other states' registry ID cards?
Yes
Registration:
Mandatory
4.California
State Medical Marijuana Laws
Ballot Proposition 215 -- Approved Nov. 5, 1996 by 56% of voters Effective: Nov. 6, 1996
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act.
Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.
Amended:Senate Bill 420 Effective: Jan. 1, 2004
Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess.
Possession/Cultivation: Qualified patients and their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.
S.B. 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions."
Challenge to Possession Limits: On Jan. 21, 2010, the California Supreme Court affirmed (S164830) the
May 22, 2008 Second District Court of Appeals ruling in the Kelly Case that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters.
ProCon.org contacted the California Medical Marijuana Program (MMP) on Dec. 6, 2010 to ask 1) how the ruling affected the implementation of the program, and 2) what instructions are given to patients regarding possession limits. A California Department of Public Health (CDPH) Office of Public Affairs representative wrote the following in a Dec. 7, 2010 email to ProCon.org: "The role of MMP under Senate Bill 420 is to implement the State Medical Marijuana ID Card Program in all California counties. CDPH does not oversee the amounts that a patient may possess or grow. When asked what a patient can possess, patients are referred to www.courtinfo.ca.gov, case S164830 which is the Kelly case, changing the amounts a patient can possess from 8 oz, 6 mature plants or 12 immature plants to 'the amount needed for a patient’s personal use.' MMP can only cite what the law says."
According to a Jan. 21, 2010 article titled "California Supreme Court Further Clarifies Medical Marijuana Laws," by Aaron Smith, California Policy Director at the Marijuana Policy Project, the impact of the ruling is that people growing more than 6 mature or 12 immature plants are still subject to arrest and prosecution, but they will be allowed to use a medical necessity defense in court.]
Attorney General's Guidelines: On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the state's laws. Read more about the guidelines here.
On Oct. 9, 2015, Gov. Jerry Brown signed three bills to regulate California's medical marijuana industry:
AB 243
, AB 266, and SB 643. The bills cover licensing requirements for cultivation, transportation, distribution, and more.
Contact and Program Details
Department of Consumer Affairs – Bureau of Medical Cannabis Regulation
P.O. Box 138200
Sacramento, CA 95813-8200
800-952-5210
Fax: 916-440-5591
Information provided by the state on sources for medical marijuana:
"The MMP is not authorized to provide information on acquiring marijuana or other related products." "Medical Marijuana Program Frequently Asked Questions," cdph.ca.gov (accessed Mar. 1, 2016)
"The California Department of Public Health's MMP does not have jurisdiction over medical marijuana cooperatives, dispensaries, or collectives. For questions related to these areas, please contact your local city or county business licensing office." "Medical Marijuana Identification Card Program," cdph.ca.gov (accessed Mar. 1, 2016)
Patient Registry Fee:
$66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location)
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they "might benefit from the medical use of marijuana." (Patients must possess this documentation prior to an arrest.)
Approved Conditions: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; persistent muscle spasms, including those that are characteristic of multiple sclerosis; PTSD. Other conditions are subject to approval by the Colorado Board of Health.
Possession/Cultivation: A patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card may possess no more than two ounces of a usable form of marijuana and not more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Amended: House Bill 1284 and Senate Bill 109 Effective: June 7, 2010
Colorado Governor Bill Ritter signed the bills into law and stated the following in a June 7, 2010 press release:
"House Bill 1284 provides a regulatory framework for dispensaries, including giving local communities the ability to ban or place sensible and much-needed controls on the operation, location and ownership of these establishments.
Senate Bill 109 will help prevent fraud and abuse, ensuring that physicians who authorize medical marijuana for their patients actually perform a physical exam, do not have a DEA flag on their medical license and do not have a financial relationship with a dispensary."
Contact and Program Details
Medical Marijuana Registry
Colorado Department of Public Health and Environment
HSV-8630
4300 Cherry Creek Drive South
Denver, CO 80246
Phone: 303-692-2184
Information provided by the state on sources for medical marijuana:
The Marijuana Enforcement Division (MED) website provides a
list of licensed Medical Marijuana Centers, which are retail operations "from which Medical Marijuana Registry patients purchase Medical Marijuana and Medical Marijuana infused products." MED "is responsible for the regulation of both the Medical and Retail Marijuana industries, each of which have separate and distinct statute and rules under which they operate." "Business License Applicant Criteria - Medical Marijuana," colorado.gov (accessed Feb. 8, 2017) "Licensing Information," colorado.gov/revenue/med (accessed Feb. 26, 2014)
Patient Registry Fee:
$15
Accepts other states' registry ID cards?
No
Registration:
Mandatory
6.Connecticut
State Medical Marijuana Laws
HB 5389 -- Signed into law by Gov. Dannel P. Malloy (D) on May 31, 2012 Approved: By House 96-51, by Senate 21-13 Effective: Some sections from passage (May 4, 2012), other sections on Oct. 1, 2012
"A qualifying patient shall register with the Department of Consumer Protection... prior to engaging in the palliative use of marijuana. A qualifying patient who has a valid registration certificate... shall not be subject to arrest or prosecution, penalized in any manner,... or denied any right or privilege."
Patients must be Connecticut residents at least 18 years of age. "Prison inmates, or others under the supervision of the Department of Corrections, would not qualify, regardless of their medical condition."
Approved Conditions: "Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome [HIV/AIDS], Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn's disease, post-traumatic stress disorder, or... any medical condition, medical treatment or disease approved by the Department of Consumer Protection..."
On Mar. 14, 2016, the Connecticut Department of Consumer Protection announced six new qualifying conditions: sickle cell disease, post laminectomy syndrome with chronic radiculopathy, severe psoriasis and psoriatic arthritis, amyotrophic lateral sclerosis, ulcerative colitis, and complex regional pain syndrome.
Possession/Cultivation: "The maximum allowable monthly amount is 2.5 ounces unless your physician indicates a lesser amount is appropriate."
"Qualifying Patient FAQs, ct.gov (accessed Feb. 8, 2017)
Updates: On Apr. 3, 2014, the Connecticut Department of Consumer Protection announced the names and locations of the first six dispensary facilities that will be authorized by the state. The first dispensary opened on Aug. 20, 2014.
Contact and Program Details
Medical Marijuana Program
Department of Consumer Protection (DCP)
165 Capitol Avenue, Room 145
Hartford, CT 06106
Phone: 860-713-6066
Toll-Free: 800-842-2649
Information provided by the state on sources for medical marijuana:
Connecticut's Medical Marijuana Program website has a list of dispensary facilities.
Patient Registry Fee:
$100
Accepts other states' registry ID cards?
No
Registration:
Mandatory
7.Delaware
State Medical Marijuana Laws
Senate Bill 17 -- Signed into law by Gov. Jack Markell (D) on May 13, 2011 Approved: By House 27-14, by Senate 17-4 Effective: July 1, 2011
Under this law, a patient is only protected from arrest if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. The patient must send a copy of the written certification to the state Department of Health and Social Services, and the Department will issue an ID card after verifying the information. As long as the patient is in compliance with the law, there will be no arrest.
The law does not allow patients or caregivers to grow marijuana at home, but it does allow for the state-regulated, non-profit distribution of medical marijuana by compassion centers.
Approved Conditions: Adult Patient Qualifying Conditions - terminal illness, cancer, HIV/AIDS, decompensated cirrhosis, ALS, agitation of Alzheimer's disease, Post-traumatic Stress Disorder (PTSD), intractable epilepsy, autism with self-injurious or aggressive behavior; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe, debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects, intractable nausea, seizures, or severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis
Pediatric Patient Qualifying Conditions - intractable epilepsy, a chronic or debilitating disease or medical condition where they have failed treatment involving cachexia or wasting syndrome, intractable nausea, or severe, painful, and persistent muscle spasms "Medical Marijuana Patients and Caregivers: Qualifying Debilitating Medical Conditions," dhss.delaware.gov (accessed Feb. 8, 2017)
Possession/Cultivation: Patients 18 and older with a Delaware registry identification card may possess up to six ounces of marijuana. A registered compassion center may not dispense more than three ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may register with only one compassion center. Home cultivation is not allowed. Senate Bill 17 contains a provision that allows for an affirmative defense for individuals "in possession of no more than six ounces of usable marijuana."
Updates: On June 23, 2015, Gov. Markell signed Rylie's Law,
SB 90, which allows the use of non-smoked cannabis oil that is no more than 7% THC for minors with intractable epilepsy or dystonia.
On June 26, 2015, the state's first medical marijuana dispensary opened near Wilmington, Delaware.
Contact and Program Details
Delaware Department of Health and Social Services
Office of Medical Marijuana
417 Federal Street Suite 130
Dover, Delaware 19901
Phone: 302-744-4749
Fax: 302-739-3071
Information provided by the state on sources for medical marijuana:
"The State currently recognizes properly permitted compassion centers as the only legal way to obtain marijuana." "Delaware Office of Medical Marijuana Patient Information," dhss.delaware.gov (accessed Feb. 8, 2017)
Patient Registry Fee:
$125 (a sliding scale fee is available based on income)
"Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana." Allows for Medical Marijuana Treatment Centers to be registered by the Department of Health.
Approved Conditions: Cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.
Possession/Cultivation: To be determined during the rulemaking process
Update: Florida's House and Senate passed SB 8A, which outlines regulations for the implementation of Amendment 2, during a special session on June 9, 2017. Gov. Rick Scott signed the bill into law on June 23, 2017.
Contact and Program Details
Florida Department of Health
Office of Compassionate Use
4052 Bald Cypress Way
Tallahassee, FL 32399
850-245-4657
The law gives the Florida Department of Health six months to establish regulations and set a possession limit, and nine months to begin issuing identification cards. After nine months, a valid physician certification will serve as a qualifying patient identification card until the Department begins issuing cards.
Information provided by the state on sources for medical marijuana:
"A patient must first seek treatment from a qualified physician for at least three months immediately preceding their order for medical marijuana. Once the ordering physician inputs the patient's information and the order information into the Compassionate Use Patient Registry, the patient or the patient's legal representative will then be able to contact one of the [seven] licensed dispensing organizations and fill the order." "Frequently Asked Questions," floridahealth.gov (accessed Mar. 29, 2017)
Patient Registry Fee:
To be determined
Accepts other states' registry ID cards?
Unclear
9.Hawaii
State Medical Marijuana Laws
Senate Bill 862 -- Signed into law by Gov. Ben Cayetano on June 14, 2000 Approved: By House 32-18, by Senate 13-12 Effective: Dec. 28, 2000
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.
Approved conditions: Cancer, glaucoma, positive status for HIV/AIDS; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease. PTSD added July 2015. Other conditions are subject to approval by the Hawaii Department of Health.
Possession/Cultivation: The amount of marijuana that may be possessed jointly between the qualifying patient and the primary caregiver is an "adequate supply," not to exceed seven plants and no more than four ounces of usable marijuana jointly between a registered patient and caregiver.
Establishes a medical marijuana registry special fund to pay for the program and transfers the medical marijuana program from the Department of Public Safety to the Department of Public Health by no later than Jan. 1, 2015.
Redefines "adequate supply" as seven marijuana plants, whether immature or mature, and four ounces of usable marijuana at any given time; stipulates that physician recommendations will have to be made by the qualifying patient's primary care physician.
Created "a regulated statewide dispensary system for medical marijuana" and added PTSD to list of conditions.
"The department shall issue eight dispensary licenses statewide... A dispensary licensee may establish up to two retail dispensing locations...
A qualifying patient or primary caregiver... shall be allowed to purchase no more than four ounces of marijuana within a consecutive period of fifteen days."
Contact and Program Details
Department of Health
Medical Marijuana Program
4348 Waialae Avenue #648
Honolulu, Hawaii 96816
Phone: 808-733-2177
Information provided by the state on sources for medical marijuana:
A total of eight medical marijuana dispensary licenses were issued in Apr. 2016. After Dec. 31, 2018, no primary caregiver will be authorized to cultivate marijuana for any qualifying patient.
Accepts other states' registry ID cards?
No
(According to Act 241, no sooner than Jan. 1, 2018: "qualifying patients from other states [will be accepted] provided that the patient is verified as a patient in their home state and registers with the department.")
Registration:
Mandatory
10.Illinois
State Medical Marijuana Laws
House Bill 1 Approved: Apr. 17, 2013 by House, 61-57 and May 17, 2013 by Senate, 35-21
Signed into law by Gov. Pat Quinn on Aug. 1, 2013 Effective: Jan. 1, 2014 until July 1, 2020
The Compassionate Use of Medical Cannabis Pilot Program Act establishes a patient registry program, protects registered qualifying patients and registered designated caregivers from "arrest, prosecution, or denial of any right or privilege," and allows for the registration of cultivation centers and dispensing organizations. Once the act goes into effect, "a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce."
Approved Conditions: Agitation of Alzheimer's disease; HIV/AIDS; Amyotrophic lateral sclerosis (ALS); Arnold-Chiari malformation; Cancer;
Causalgia; Chronic inflammatory demyelinating polyneuropathy; Crohn's disease; CRPS (complex regional pain syndrome Type II); Dystonia; Fibrous Dysplasia; Glaucoma; Hepatitis C; Hydrocephalus; Hydromyelia; Interstitial cystitis; Lupus; Multiple Sclerosis; Muscular Dystrophy; Myasthenia Gravis; Myoclonus; Nail-patella syndrome; Neurofibromatosis; Parkinson's disease; Post-Concussion Syndrome; Post-Traumatic Stress Disorder (PTSD); Reflex sympathetic dystrophy; Residual limb pain; Rheumatoid arthritis; Seizures (including those characteristic of Epilepsy); Severe fibromyalgia; Sjogrens syndrome; Spinal cord disease (including but not limited to arachnoiditis); Spinal cord injury with damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity; Spinocerebellar ataxia; Syringomyelia; Tarlov cysts; Tourette syndrome; Traumatic brain injury; Cachexia/wasting syndrome
PTSD and terminal illness with a diagnosis of less than six months were added on July 1, 2016.
On July 20, 2014, Gov. Quinn signed Senate Bill 2636, which amended the Compassionate Use of Medical Cannabis Act to allow children under 18 to be treated with non-smokable forms of medical marijuana for the same conditions orginially approved for adults. An underage patient's parent or guardian must serve as caregiver, and signatures from two doctors are required. The bill, which became effective Jan. 1, 2015, also added seizures, including those related to epilepsy, to the list of approved conditions.
Possession/Cultivation: "Adequate supply" is defined as "2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source." The law does not allow patients or caregivers to cultivate cannabis.
Updates: Governor Pat Quinn's Aug. 1, 2013 signing statement explains key points of the law and notes that it is a four-year pilot program.
On Jan. 21, 2014, the Department of Public Health released a draft of the proposed rules for public comments. The proposal included a fingerprint-based criminal history background check and an annual $150 application fee for qualifying patients. The rules also state that qualifying patients and caregivers "are not eligible for a Firearm Owners Identification Card or a Firearm Concealed Carry License."
On Apr. 18, 2014, the Department of Health released revised preliminary rules that removed from the previous versions the restrictions on gun owners applying for medical marijuana cards. The application fees were dropped to $100 ($50 for veterans and eligible patients on Social Security Insurance and Social Security Disability Insurance, and $25 for caregivers).
On July 1, 2016, Gov. Bruce Rauner (R) signed SB 10 into law, which extends the state's medical marijuana program through July 2020 and adds PTSD and terminal illness to the list of approved conditions.
Contact and Program Details
Illinois Department of Public Health
Division of Medical Cannabis
535 W. Jefferson Street
Springfield, IL 62761-0001
855-636-3688
Information provided by the state on sources for medical marijuana:
As of June 30, 2016, there were 20 licensed cultivation centers and 39 licensed medical cannabis dispensaries in Illinois. The first licensed medical cannabis dispensaries opened to the public in Nov. 2015.
Patient Registry Fee:
One year: $100 / $50 for veterans or people enrolled in federal Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) disability programs
Two years: $200 / $100
Three years: $250 /$125
Accepts other states' registry ID cards?
No
Registration:
Mandatory
11.Maine
State Medical Marijuana Laws
Ballot Question 2 -- Approved Nov. 2, 1999 by 61% of voters Effective: Dec. 22, 1999
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana." The law does not establish a state-run patient registry.
Approved diagnosis: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn's disease, agitation of Alzheimer's disease, nail-patella syndrome, post-traumatic stress disorder (PTSD), inflammatory bowel disease, dyskinetic disorder, intractable pain, a chronic or debilitating disease or medical condition that produces cachexia or wasting syndrome, severe nausea, seizures (including epilepsy), or severe and persistent muscle spasms (including multiple sclerosis)
Possession/Cultivation: Patients may legally possess 2.5 ounces of usable marijuana, and may cultivate no more than six marijuana plants
Amended: Senate Bill 611 Effective: Signed into law on Apr. 2, 2002
Increases the amount of useable marijuana a person may possess from one and one-quarter (1.25) ounces to two and one-half (2.5) ounces.
Amended: Question 5 -- Approved Nov. 3, 2009 by 59% of voters
List of approved conditions changed to include cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.
Instructs the Department of Health and Human Services (DHHS) to establish a registry identification program for patients and caregivers. Stipulates provisions for the operation of nonprofit dispensaries.
[Editor's Note: An Aug. 19, 2010 email to ProCon.org from Catherine M. Cobb, Director of Maine's Division of Licensing and Regulatory Services, stated:
"We have just set up our interface to do background checks on caregivers and those who are associated with dispensaries. They may not have a disqualifying drug offense."]
Amended: LD 1062 Effective: Enacted without the governor's signature on June 26, 2013
Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
Contact and Program Details
Maine Medical Use of Marijuana Program (MMMP)
Division of Public Health Operations
Department of Health and Human Services
286 Water St, 5th Floor
Augusta, ME 04333
Phone: 207-287-8016
Information provided by the state on sources for medical marijuana:
A list of eight dispensaries is available on the MMMP website as of Apr. 7, 2017.
Patient Registry Fee:
$0 Caregivers pay $300/patient (limit of 5 patients; if not growing marijuana, there is no fee)
Accepts other states' registry ID cards?
Yes
"Law enforcement will accept appropriate authorization from a participating state, but that patient cannot purchase marijuana in Maine without registering here. That requires a Maine physician and a Maine driver license or other picture ID issued by the state of Maine. The letter from a physician in another state is only good for 30 days." (Aug. 19, 2010 email from Maine's Division of Licensing and Regulatory Services)
Registration:
Voluntary
"In addition to either a registry ID card or a physician certification form, all patients, including both non-registered and voluntarily registered patients, must also present their Maine driver license or other Maine-issued photo identification card to law enforcement, upon request." ("Program Bulletin," Maine.gov, Sep. 28, 2011)
12.Maryland
State Medical Marijuana Laws
House Bill 881 Approved: Apr. 8, 2014 by House, 125-11 and by Senate, 44-2
Signed by Gov. Martin O'Malley on Apr. 14, 2014 Effective: June 1, 2014
The Natalie M. LaPrade Medical Marijuana Commission and the Maryland Department of Health and Mental Hygiene are tasked with developing regulations for patient registry and identification cards, dispensary licensing, setting fees and possession limits, and more. The Commission will issue yearly request for applications from academic medical centers to operate medical marijuana compassionate use programs.
Approved diagnosis: "Any condition that is severe, for which other medical treatments have been ineffective, and if the symptoms 'reasonably can be expected to be relieved' by the medical use of Cannabis. In addition, if the patient has a chronic or debilitating disease or medical condition that causes severe loss of appetite, wasting, severe or chronic pain, severe nausea, seizures or severe or persistent muscle spasms, or glaucoma or Post Traumatic Stress Disorder (PTSD)."
Possession/Cultivation: No more than 120 grams (approximately four ounces), unless a physician determines that more is needed
Information provided by the state on sources for medical marijuana:
"The Commission anticipates that medical cannabis will be available to patients from a licensed dispensary sometime during Summer 2017... A Maryland patient can only obtain legal medical cannabis from Maryland-licensed dispensaries. The dispensaries can only obtain their cannabis from Maryland-licensed growers, and their extracts from Maryland-licensed processors." Patients FAQs, mmcc.maryland.gov (accessed Mar. 8, 2017)
Patient Registry Fee:
$50 for optional patient ID card
Accepts other states' registry ID cards?
No: A person from out-of-state who is in the state for the purpose of receiving medical care can be issued a written certification and obtain medical cannabis, but the state does not accept ID cards from other states.
Registration:
Mandatory
13.Massachusetts
State Medical Marijuana Laws
Ballot Question 3 -- Approved Nov. 6, 2012 by 63% of voters Effective: Jan. 1, 2013
"The citizens of Massachusetts intend that there should be no punishment under state law for qualifying patients, physicians and health care professionals, personal caregivers for patients, or medical marijuana treatment center agents for the medical use of marijuana...
In the first year after the effective date, the Department shall issue registrations for up to thirty-five non-profit medical marijuana treatment centers, provided that at least one treatment center shall be located in each county, and not more than five shall be located in any one county."
Approved diagnosis: "Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient’s physician."
Possession/Cultivation: Patients may posses a sixty-day supply, defined as 10 ounces.
"The Department shall issue a cultivation registration to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient’s residence. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the patient or the patient's personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked facility."
Updates: The DPH website wrote on Oct. 8, 2014 that "the Medical Use of Marijuana Online System (MMJ Online System) is now available for qualifying patients to register to possess marijuana for medical purposes. You will need to register with the MMJ Online System by January 1, 2015 in order to possess marijuana for medical purposes, even if you already have a paper written certification from your physician. Paper written certifications will no longer be valid as of February 1st, 2015."
Contact and Program Details
Department of Public Health of the Commonwealth of Massachusetts
One Ashburton Place
11th Floor
Boston, MA 02108
Phone: 617-660-5370
Information provided by the state on sources for medical marijuana:
On February 12, 2016, Gov. Charlie Baker's Administration approved Patriot Care Corp. to begin retail sales of marijuana to registered qualifying patients and personal caregivers. The program website provides a list of ten Registered Marijuana Dispensaries as of Mar. 29, 2017.
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
No
Registration:
Mandatory
14.Michigan
State Medical Marijuana Laws
Proposal 1 "Michigan Medical Marihuana Act" -- Approved by 63% of voters on Nov. 4, 2008 Approved: Nov. 4, 2008 Effective: Dec. 4, 2008
Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, multiple sclerosis, and PTSD.
Possession/Cultivation: Patients may possess up to two and one-half (2.5) ounces of usable marijuana and twelve marijuana plants kept in an enclosed, locked facility. The twelve plants may be kept by the patient only if he or she has not specified a primary caregiver to cultivate the marijuana for him or her.
Makes it illegal to "transport or possess" usable marijuana by car unless the marijuana is "enclosed in a case that is carried in the trunk of the vehicle." Violation of the law is a misdemeanor "punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both."
Requires proof of Michigan residency when applying for a registry ID card (driver license, official state ID, or valid voter registration) and makes cards valid for two years instead of one.
Requires a "bona fide physician-patient relationship," defined in part as one in which the physician "has created and maintained records of the patient's condition in accord with medically accepted standards" and "will provide follow-up care;" protects patient from arrest only with registry identification card and valid photo ID.
The Michigan Supreme Court ruled 4-1 that dispensaries are illegal. As a result, medical marijuana patients in Michigan will have to grow their own marijuana or get it from a designated caregiver who is limited to five patients.
Updates: HB 4209, HB 4827, and HB 4210, signed into law by Gov. Rick Snyder (R) on Sep. 20, 2016, create a state regulatory structure for five license categories: growers, processors, secure transporters, provisioning centers, and safety compliance facilities.
In a Mar. 30, 2017 email to ProCon.org, the Michigan Department of Licensing and Regulatory Affairs stated: "The legislation will become effective on December 20, 2016, and per HB 4209 the Department will begin accepting applications 360 days from the effective date, or December 16, 2017. Applications are not yet available for any of the categories. After the Governor appoints members to the Medical Marihuana Licensing Board, the Board and the Department will be working diligently to review the details in the legislation and provide any guidance they can and eventually draft administrative rules under the statutory authority granted."
Contact and Program Details
Michigan Medical Marihuana Program
Department of Licensing and Regulatory Affairs
Bureau of Professional Licensing
Michigan Medical Marihuana Program
PO Box 30083
Lansing, MI 48909
Phone: 517-284-6400
Information provided by the state on sources for medical marijuana:
The state will begin accepting applications for growers and provisioning centers after Dec. 15, 2017
Patient Registry Fee:
$60 new or renewal application
Accepts other states' registry ID cards?
Yes
The Office of Communications in the Department of Licensing and Regulatory Affairs told ProCon.org in an Oct. 30, 2014 email: "The law says that cards from other states are recognized. However, the Michigan Medical Marihuana Program does not have any control over enforcement of that section of the statute."
Registration:
Mandatory
15.Minnesota
State Medical Marijuana Laws
SF 2470 -- Signed into law by Gov. Mark Dayton on May 29, 2014 Approved: By Senate 46-16, by House 89-40 Effective: May 30, 2014
Approved Conditions: cancer (if the underlying condition or treatment produces severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting), glaucoma, HIV/AIDS, Tourette's syndorme, ALS, seizures/epilepsy, severe and persistent muscle spasms/MS, Crohn's disease, terminal illness with a life expectancy of under one year.
Patients certified as having intractable pain became eligible to receive medical marijuana starting Aug. 2016. PTSD will be an approved condition as of Aug. 1, 2017.
Possession/Cultivation: The Commissioner of Health will register two in-state manufacturers for the production of all medical cannabis within the state. Manufacturers are required to ensure that the medical cannabis distributed contains a maximum of a 30-day supply of the dosage determined for that patient. Pharmacists at registered Cannabis Patient Centers recommend specific dosage and type for patients.
"Medical cannabis" is defined as any species of the genus cannabis plant delivered in the form of (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method that does not require the use of dried leaves or plant form.
Smoking is not a method approved by the bill.
Contact and Program Details
Minnesota Department of Health
Office of Medical Cannabis
PO Box 64882
St. Paul, MN 55164-0882
651-201-5598
844-879-3381 (toll-free)
Information provided by the state on sources for medical marijuana:
The cannabis program website has a list of eight Cannabis Patient Centers as of Mar. 29, 2017
Patient Registry Fee:
$200 annual fee / $50 for patients on Social Security disability, Supplemental Security Insurance, or enrolled in MinnesotaCare
Accepts other states' registry ID cards?
No
Registration:
Mandatory
16.Montana
State Medical Marijuana Laws
Initiative 148 -- Approved by 62% of voters on Nov. 2, 2004 Effective: Nov. 2, 2004
Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy, or severe or persistent muscle spasms, including spasms caused by multiple sclerosis or Crohn's disease; admittance to hospice care; or any other medical condition or treatment for a medical condition adopted by the department by rule. Pain and PTSD added with the Nov. 8, 2016 passage of Initiative 182.
Possession/Cultivation: "Registered cardholders are limited to 12 seedlings (<12"), 4 mature flowering plants, and 1 ounce of usable marijuana. If a registered cardholder assigns a provider, they cannot grow for themselves."
Amended:SB 423 -- Passed on Apr. 28, 2011 and transmitted to the Governor on May 3, 2011 Effective: July 1, 2011
SB 423 changes the application process to require a Montana driver's license or state issued ID card. A second physician is required to confirm a chronic pain diagnosis.
"A provider or marijuana-infused products provider may assist a maximum of three registered cardholders..." and "may not accept anything of value, including monetary remuneration, for any services or products provided to a registered cardholder."
Updates: On Nov. 6, 2012, Montana voters approved initiative referendum No. 124 by a vote of 56.5% to 43.5%, upholding SB 423.
On Nov. 8, 2016, Montana voters approved the
Montana Medical Marijuana Initiative (I-182). The initiative repeals the requirement of SB 143 that limited medical marijuana providers to three patients; adds pain and PTSD to the list of approved conditions; and revokes the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners.
Contact and Program Details
Medical Marijuana Program
Montana Department of Health and Human Services
Licensure Bureau
2401 Colonial Drive, 2nd Floor
P.O. Box 202953
Helena, MT 59620-2953
Phone: 406-444-0596
Information provided by the state on sources for medical marijuana:
"The department has no advice on obtaining marijuana." "MMP FAQ," dphhs.mt.gov (accessed Mar. 1, 2016)
Patient Registry Fee:
$5
Accepts other states' registry ID cards?
No (reciprocity ended when SB 423 took effect)
Registration:
Mandatory
17.Nevada
State Medical Marijuana Laws
Ballot Question 9 -- Approved Nov. 7, 2000 by 65% of voters Effective: Oct. 1, 2001
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have "written documentation" from their physician that marijuana may alleviate his or her condition.
Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms (including multiple sclerosis) or seizures (including epilepsy), severe nausea or pain, and PTSD. Other conditions are subject to approval by the health division of the state Department of Human Resources.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than two and a half ounces of usable marijuana in a 14-day period and 12 plants.
Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges. Legislators added a preamble to the legislation stating, "[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana." A separate provision requires the Nevada School of Medicine to "aggressively" seek federal permission to establish a state-run medical marijuana distribution program.
Created a state registry for patients whose physicians recommend medical marijuana and tasked the Department of Motor Vehicles with issuing identification cards. No state money will be used for the program, which will be funded entirely by donations.
Amended:Senate Bill 374
Signed into law by Gov. Brian Sandoval on June 12, 2013
"Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana...
From Apr. 1, 2014, through Mar. 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency. On and after Apr. 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions." Patients who were growing before July 1, 2013 were allowed to continue home cultivation until Mar. 31, 2016.
Updates: The Department of Health and Human Services
adopted regulations
based on the previous amendment on Apr. 1, 2014.
Contact and Program Details
Nevada Medical Marijuana Patient Cardholder Registry
4150 Technology Way, Suite 101
Carson City, NV 89706
Phone: 775-687-7594
Fax: 775-684-3213
Information provided by the state on sources for medical marijuana:
The medical marijuana program website has a list of 55 open dispensaries as of Mar. 29, 2017. Nevada law allows patients to home cultivate only in specific circumstances. "The Nevada MM Program is not a resource for the growing process and does not have information to give to patients. It is recommended that you talk to an attorney to learn about your rights and protections." "Medical Marijuana Patient Cardholder Registry - FAQs," health.nv.gov, Jan. 19, 2016
Patient Registry Fee:
$100 new, $75 renewal
Accepts other states' registry ID cards?
Yes, starting Apr. 1, 2014 with an affidavit
Registration:
Mandatory
18. New Hampshire
State Medical Marijuana Laws
House Bill 573 Approved: May 23, 2013 by Senate, 18-6 and June 26, 2013 by House, 284-66
Signed into law by Gov. Maggie Hassan on July 23, 2013 Effective: Upon passage
The bill authorizes the use of therapeutic cannabis in New Hampshire, establishes a registry identification card system, allows for the registration of up to four non-profit alternative treatment centers in the state, and establishes an affirmative defense for qualified patients and designated caregivers with valid registry ID cards.
HB 573 also calls for the creation of a Therapeutic Use of Cannabis Advisory Council, which in five years will be required to "issue a formal opinion on whether the program should be continued or repealed."
A valid ID card from another medical marijuana state will be recognized as allowing the visiting patient to possess cannabis for therapeutic purposes, but the "visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from alternative treatment centers..."
Approved Conditions: "(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, amyotrophic lateral sclerosis, muscular dystrophy, Crohn's disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, or one or more injuries that significantly interferes with daily activities as documented by the patient's provider; AND
(2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms."
Possession/Cultivation: "A qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient's designated caregiver during a 10-day period." A patient may possess two ounces of usable cannabis at any one time.
Updates: On Apr. 3, 2014, the Department of Health and Human Services (DHHS) posted proposed Therapeutic Cannabis Program Registry Rules and began the formal rulemaking process.
DHHS began issuing Registry Identification Cards on Dec. 28, 2015 by mail to qualifying patients and designated caregivers whose applications had been approved. The cards cannot be used in New Hampshire until the Alternative Treatment Center (ATC) dispensaries open.
The state's first dispensary opened in Plymouth, New Hampshire, on May 1, 2016.
Contact and Program Details
New Hampshire Department of Health and Human Services
Therapeutic Cannabis Program
129 Pleasant Street, Brown Building
Concord, NH 03301-3857
Phone: 603-271-9333
Information provided by the state on sources for medical marijuana:
"There will be four Alternative Treatment Centers (ATCs) operating in New Hampshire. The ATCs will be located in Dover, Merrimack, Lebanon, and Plymouth. A Qualifying Patient may select any of the ATCs but may select only one at any given time. A Qualifying Patient will be allowed to purchase cannabis only from the ATC he or she has selected." "Alternative Treatment Centers" dhhs.nh.gov (accessed Mar. 29, 2017)
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
Yes
Registration:
Mandatory
19. New Jersey
State Medical Marijuana Laws
Senate Bill 119 Approved: Jan. 11, 2010 by House, 48-14; by Senate, 25-13
Signed into law by Gov. Jon Corzine on Jan. 18, 2010 Effective: Six months from enactment
Protects "patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes" from "arrest, prosecution, property forfeiture, and criminal and other penalties."
Also provides for the creation of alternative treatment centers, "at least two each in the northern, central, and southern regions of the state. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities."
Approved Conditions: Amyotrophic lateral sclerosis (Lou Gehrig's disease); multiple sclerosis; terminal cancer; muscular dystrophy; inflammatory bowel disease, including Crohn’s disease; terminal illness, if the physician has determined a prognosis of less than 12 months of life.
The following conditions apply if conventional therapy is unsuccessful: Seizure disorder, including epilepsy; intractable skeletal muscular spasticity; glaucoma, PTSD.
The following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment: Positive status for HIV/AIDS; cancer.
Possession/Cultivation: Physicians determine how much marijuana a patient needs and give written instructions to be presented to an alternative treatment center. The maximum amount for a 30-day period is two ounces.
Amended:SB 2842
Signed into law by Gov. Chris Christie on Sep. 10, 2013 following legislative adoption of his
conditional veto
Allows edible forms of marijuana only for qualifying minors, who must receive approval from a pediatrician and a psychiatrist.
Updates:
S119 was supposed to become effective six months after it was enacted on Jan. 18, 2010, but the legislature, DHHS, and New Jersey Governor Chris Christie had difficulty coming to agreement on the details of how the program would be run.
The New Jersey Department of Health and Senior Services released draft rulesoutlining the registration and application process on Oct. 6, 2010. A public hearing to discuss the proposed rules was held on Dec. 6, 2010 at the New Jersey Department of Health and Senior Services, according to the
New Jersey Register.
On Dec. 20, 2011, Senator Nicholas Scutari (D), lead sponsor of the medical marijuana bill, submitted
Senate Concurrent Resolution (SCR) 140 declaring that the "Board of Medical Examiners proposed medicinal marijuana program rules are inconsistent with legislative intent." The New Jersey Senate Health, Human Services and Senior Citizens committee held a public hearing to discuss SCR 140 and a similar bill, SCR 130, on Jan. 20, 2010.
On Feb. 3, 2011, the Department of Health proposed new rules that streamlined the permit process for cultivating and dispensing, prohibited home delivery by alternative treatment centers, and required that "conditions originally named in the Act be resistant to conventional medical therapy in order to qualify as debilitating medical conditions."
On Aug. 9, 2012, the New Jersey Medical Marijuana Program opened the patient registration system
on its website. Patients must have a physician's recommendation, a government-issued ID, and proof of New Jersey residency to register. The first dispensary is expected to be licensed to open in September.
On Oct. 16, 2012, the Department of Health issued the first dispensary permit to Greenleaf Compassion Center, allowing it to operate as an Alternative Treatment Center and dispense marijuana. The center opened on Dec. 6, 2012, becoming New Jersey's first dispensary.
Contact and Program Details
Department of Health (DOH)
P. O. Box 360
Trenton, NJ 08625-0360
Phone: 609-292-0424
Information provided by the state on sources for medical marijuana:
Patients are not allowed to grow their own marijuana. On Mar. 21, 2011, the New Jersey DOH announced the locations of six nonprofit alternative treatment centers (ATCs) from which medical marijuana may be obtained, five of which were operational as of Mar. 29, 2017.
Medical marijuana is not covered by Medicaid.
Patient Registry Fee:
$200 (valid for two years). Reduced fee of $20 for patients qualifying for state or federal assistance programs
Accepts other states' registry ID cards?
No
Registration:
Mandatory
20. New Mexico
State Medical Marijuana Laws
Senate Bill 523 "The Lynn and Erin Compassionate Use Act" Approved: Mar. 13, 2007 by House, 36-31; by Senate, 32-3 Effective: July 1, 2007
Removes state-level criminal penalties on the use and possession of marijuana by patients "in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments." The New Mexico Department of Health is designated to administer the program and register patients, caregivers, and providers.
Approved Conditions: Amyotrophic Lateral Sclerosis (Lou Gehrig's disease); cancer; Crohn's disease; epilepsy; glaucoma; hepatitis C infection currently receiving antiviral treatment; HIV/AIDS; Huntington's Disease; hospice care; inclusion body myositis; inflammatory autoimmune-mediated arthritis; intractable nausea/vomiting; multiple sclerosis; damage to the nervous tissue of the spinal cord; painful peripheral neuropathy; Parkinson's disease; PTSD; severe chronic pain; severe anorexia/cachexia; spasmodic torticollis; ulcerative colitis
Possession/Cultivation: 230 units or eight ounces in a three-month period (purchase), four mature plants and 12 seedlings (grow)
Contact and Program Details
New Mexico Department of Health
Medical Cannabis Program
1474 Rodeo Rd. Suite 200
Santa Fe, NM 87505
Phone: 505-827-2321
Information provided by the state on sources for medical marijuana:
Program website has a list of 53 Licensed Nonprofit Producers (LNPP) as of Jan. 30, 2017. "These are the agencies where those actively enrolled in the program purchase product. The NM Department of Health does not provide medical cannabis or set the prices. Patients must contact each LNPP directly to initiate the registration process. Questions regarding the LNPP should be directed to each LNPP separately, and not to the NMDOH Medical Cannabis Program." "Medical Cannabis List of Licensed Non-Profit Producers,” nmhealth.org, Feb. 29, 2016
Patient Registry Fee:
No fee
Accepts other states' registry ID cards?
No
Registration:
Mandatory
21. New York
State Medical Marijuana Laws
Assembly Bill 6357 Approved: June 19, 2014 by Assembly, 117-13; June 20, 2014 by Senate, 49-10
Signed into law by Governor Andrew Cuomo on July 5, 2014 Effective: Upon Governor's signature
The Department of Health had 18 months to establish regulations and register dispensing organizations. Marijuana will be taxed at 7%, to be paid by the dispensary. The law automatically expires after seven years.
Approved Conditions: "You are potentially eligible for medical marijuana if you have been diagnosed with a specific severe, debilitating or life threatening condition that is accompanied by an associated or complicating condition. By law, those conditions are: cancer, HIV infection or AIDS, amyotrophic lateral sclerosis (ALS), Parkinson's disease, multiple sclerosis, spinal cord injury with spasticity, epilepsy, inflammatory bowel disease, neuropathy, and Huntington's disease. The associated or complicating conditions are cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms."
Physicians must complete a four-hour New York State Department of Health (Department)-approved course and register with the Department to certify patients.
Possession/Cultivation: 30-day supply
Smoking is not a method approved by the bill.
Update:
On Nov. 11, 2015 Gov. Cuomo signed a bill to allow emergency access to medical marijuana, requiring state health officials to establish an expedited certification process for seriously ill patients and to register marijuana producers "as expeditiously as practicable."
On Jan. 7, 2016, the medical marijuana program officially launched with eight dispensaries statewide.
Information provided by the state on sources for medical marijuana:
The medical marijuana program website lists five registered organizations, each with four dispensing sites.
"A certified patient may receive medical marijuana products from any dispensing facility of any Registered Organization in New York State." "Frequently Asked Questions," health.ny.gov (accessed Mar. 1, 2016)
"This initiated measure would add a new chapter to Title 19 of the North Dakota Century Code creating an Act providing for the medical use of marijuana... To participate in the program, the Act would create identification cards with specific criteria before they can be issued by the Department of Health for patients, caregivers, compassion centers and other facilities. The Act would create procedures for monitoring, inventorying, dispensing, and cultivation and growing of marijuana to be regulated and enforced by the Department of Health."
Approved Conditions: Cancer, HIV/AIDS, hepatitis C, ALS, PTSD, Alzheimer's disease, dementia, Crohn’s disease, fibromyalgia, spinal stenosis or chronic back pain including neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, glaucoma, epilepsy; A chronic or debilitating disease medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects, intractable nausea, seizures, or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; Any other medical condition or its treatment added by the North Dakota Department of Health.
Possession/Cultivation: 3 ounces of usable marijuana per 14-day period
"If the qualifying patient's home is located more than forty miles from the nearest compassionate care center, the qualified patient or designated caregiver may cultivate up to eight marijuana plants in an enclosed, locked facility.” Source: North Dakota Compassionate Care Act
Patient Registry Fee:
To be determined
Accepts other states' registry ID cards?
Unclear
23. Ohio
State Medical Marijuana Laws
House Bill 523 Approved: May 10, 2016 by House, 71-26; May 25, 2016 by Senate, 18-15
Signed into law by Governor John Kasich on June 8, 2016 Effective: Sep. 8, 2016
Authorizes the use of marijuana for medical purposes and establishes the Medical Marijuana Control Program.
"Only the following forms of medical marijuana may be dispensed under this chapter: oils, tinctures, plant material, edibles, patches." The smoking or combustion of medical marijuana is prohibited while vaporization is permitted.
Possession/Cultivation: The law allows for a maximum of a 90-day supply, to be determined during the rulemaking process.
Smoking is not a method approved by the bill.
"The Ohio Department of Commerce and the State of Ohio Board of Pharmacy are required by law to take all actions necessary to ensure that Ohio's Medical Marijuana Control Program is fully operational no later than September 2018. At that time, there will be an established structure for Ohioans with a qualifying medical condition to obtain a recommendation for medical marijuana, purchase medical marijuana from a licensed dispensary, and consume medical marijuana." "Frequently Asked Questions, medicalmarijuana.ohio.gov (accessed Mar. 29, 2017)
Information provided by the state on sources for medical marijuana:
"Medical marijuana will be available from retail dispensaries licensed by the Board of Pharmacy. The Board of Pharmacy is currently developing rules on the licensing of medical marijuana dispensaries. The law prohibits the cultivation of medical marijuana for personal, family, or household use." "Frequently Asked Questions, medicalmarijuana.ohio.gov (accessed Mar. 29, 2017)
Patient Registry Fee:
To be determined
Accepts other states' registry ID cards?
"The state board of pharmacy shall attempt in good faith to negotiate and enter into a reciprocity agreement with any other state under which a medical marijuana registry identification card or equivalent authorization that is issued by the other state is recognized in this state."
Registration:
Mandatory
24.Oregon
State Medical Marijuana Laws
Ballot Measure 67 -- Approved by 55% of voters on Nov. 3, 1998 Effective: Dec. 3, 1998
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms.
Approved Conditions: Cancer, glaucoma, degenerative or pervasive neurological condition; positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.
Possession/Cultivation: A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana. A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 -- ORS 475.346)
State-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.
The law also redefines "mature plants" to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.
Mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense." This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.
In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as "a physician who has established a physician/patient relationship with the patient;... is primarily responsible for the care and treatment of the patients... has reviewed a patient's medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."
Amended:SB 281
Signed by Gov. John Kitzhaber on June 6, 2013
Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
Amended: HB 3460
Signed by Gov. John Kitzhaber on Aug. 14, 2013
Creates a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.
Updates: On Mar. 3, 2014, the program began accepting applications from people seeking a license to operate a medical marijuana dispensary.
On Mar. 19, 2014, Senate Bill 1531 was signed into law. The bill allows local governments to restrict the operation of medical marijuana dispensaries, including the moratoriums up through May 1, 2015.
On Apr.18, 2014, the Medical Marijuana Dispensary Program approved 15 dispensary applications, bringing the total number of approved applications to 58.
HB 3400, signed into law on July 1, 2015 by Gov. Kate Brown, added a provision requiring patients to be state residents, but there is no minimum length of residency required before getting a card.
Contact and Program Details
Oregon Department of Human Services
Medical Marijuana Program
PO Box 14116
Portland, OR 97293
Phone: 855-244-9580 (toll-free)
Information provided by the state on sources for medical marijuana:
The Oregon Medical Marijuana Dispensary Program publishes a directory of 87 approved dispensaries on its website as of Mar. 30, 2017. As of Jan. 1, 2017, medical marijuana dispensaries may sell only to OMMP-registered patients and caregivers.
Patient Registry Fee:
$200 for new applications and renewals; Reduced fees: $60 for persons receiving SNAP (food stamp); $50 for Oregon Health Plan cardholders; $20 for persons receiving SSI benefits; $20 for individuals who have served in the Armed Forces of the United States
Accepts other states' registry ID cards?
No
Registration:
Mandatory
25.Pennsylvania
State Medical Marijuana Laws
Senate Bill 3 -- Apr. 12, 2016 by Senate, 42-7, and Apr. 13 by House, 149-46
Signed into law by Gov. Tom Wolf (D) on Apr. 17, 2016
Effective: 30 days after passage
Approved Conditions: Cancer, HIV/AIDS, ALS, Parkinson's, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, Crohn's disease, PTSD, intractable seizures, glaucoma, sickle cell anemia, severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective, autism.
Possession/Cultivation: 30-day supply; According to SB 3, "Medical marijuana may only be dispensed to a patient or caregiver in the following forms: (i) pill; (ii) oil; (iii) topical forms, including gel, creams or ointments; (iv) a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form... (v) tincture; or (vi) liquid. Unless otherwise provided in regulations adopted by the department under section 1202, medical marijuana may not be dispensed to a patient or a caregiver in dry leaf or plant form."
Smoking is not a method approved by the bill.
Update:
On June 24, 2016 , Pennsylvania Secretary of Health Karen Murphy announced new guidelines for a Safe Harbor provision: "In July [2016], parents, legal guardians, caregivers, and spouses will be able to apply to the department for a Safe Harbor Letter that will allow them to administer medical marijuana obtained from outside of Pennsylvania to minors in their care. Once approved, the letter should be carried whenever medical marijuana is being transported outside of an individual’s home."
On June 20, 2017, the state awarded 12 permits to grow and process medical marijuana from a pool over 177 applicants.
Information provided by the state on sources for medical marijuana:
"The department may not initially issue permits to more than 50 dispensaries. Each dispensary may provide medical marijuana at no more than three separate locations." "Senate Bill 3," Apr. 12, 2016
More details pending establishment of state program; a Dec. 21, 2016 update from the Department of Health stated that the program "is expected to be fully implemented by 2018."
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
Unknown
Registration:
Mandatory
26.Rhode Island
State Medical Marijuana Laws
Senate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate.
Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, Hepatitis C, or the treatment of these conditions; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or any other medical condition or its treatment approved by the state Department of Health.
Possession/Cultivation: Limits the amount of marijuana that can be possessed and grown to up to 12 marijuana plants or 2.5 ounces of cultivated marijuana. Primary caregivers may not possess an amount of marijuana in excess of 24 marijuana plants and five ounces of usable marijuana for qualifying patients to whom he or she is connected through the Department's registration process.
Amended:H5359 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (substituted for the original bill)
Timeline:
May 20, 2009: passed the House 63-5
June 6, 2009: passed the State Senate 31-2
June 12, 2009: Gov. Carcieri
vetoed the bill
June 16, 2009: Senate overrode the veto 35-3
June 16, 2009: House overrode the veto 67-0 Effective June 16, 2009: Allows the creation of compassion centers, which may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers. Rules & Regulationslast updated Dec. 2012.
The first dispensary, the Thomas C. Slater Compassion Center, opened on Apr. 19, 2013. Compassion centers must be operated on a not-for-profit basis.
Contact and Program Details
Rhode Island Department of Health
Office of Health Professions Regulation, Room 104
3 Capitol Hill
Providence, RI 02908-5097
Phone: 401-222-2828
Information provided by the state on sources for medical marijuana:
"Compassion centers are places for patients who have qualifying conditions to obtain medical marijuana as allowed by Rhode Island law. Three compassion centers are licensed in Rhode Island: the Thomas C. Slater Compassion Center in Providence; Summit Medical Compassion Center in Warwick; and Greenleaf Compassionate Care Center in Portsmouth." "Medical Marijuana Compassion Centers," health.ri.gov (accessed Mar. 30, 2017)
Patient Registry Fee:
$50 / $25 for applicants on Medicaid or Supplemental Security Income (SSI)
Accepts other states' registry ID cards?
Yes, but only for the conditions approved in Rhode Island
Registration:
Mandatory
27.Vermont
State Medical Marijuana Laws
Senate Bill 76 -- Approved 22-7; House Bill 645-- Approved 82-59 "Act Relating to Marijuana Use by Persons with Severe Illness"(Sec. 1. 18 V.S.A. chapter 86 passed by the General Assembly) Gov. James Douglas (R), allowed the act to pass into law unsigned on May 26, 2004 Effective: July 1, 2004
Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, glaucoma, or the treatment of these conditions if the disease or the treatment results in severe, persistent, and intractable symptoms; or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome, chronic pain or nausea or seizures.
On June 11, 2017, Gov. Phil Scott (R) signed S.16 into law, adding Parkinson's disease, Crohn's disease, and PTSD to the list of approved conditions, effective July 1, 2017.
Possession/Cultivation: No more than two mature marijuana plants, seven immature plants, and two ounces of usable marijuana may be collectively possessed between the registered patient and the patient’s registered caregiver. A marijuana plant shall be considered mature when male or female flower buds are readily observed on the plant by unaided visual examination. Until this sexual differentiation has taken place, a marijuana plant will be considered immature.
Amended:Senate Bill 17 "An Act Relating To Registering Four Nonprofit Organizations To Dispense Marijuana For Symptom Relief"
Signed by Gov. Peter Shumlin on June 2, 2011
The bill "establishes a framework for registering up to four nonprofit marijuana dispensaries in the state... A dispensary will be permitted to cultivate and possess at any one time up to 28 mature marijuana plants, 98 immature marijuana plants, and 28 ounces of usable marijuana."
On Sep. 12, 2012, the State of Vermont Department of Public Safety announced conditional approval of two medical marijuana dispensaries. In June 2013, two dispensaries opened in Vermont.
Contact and Program Details
Marijuana Registry
Department of Public Safety
45 State Drive
Waterbury, VT 05671-1300
Phone: 802-241-5115
Fax: 802-241-5230
Information provided by the state on sources for medical marijuana:
"Dispensaries registered with the Department are non-profit entities that may acquire, possess, cultivate, manufacture, transfer, transport, supply, sell, or dispense marijuana, marijuana-infused products, and marijuana-related supplies to registered patients and their caregivers who have designated that dispensary. A registered patient may obtain marijuana only from their designated dispensary. A registered patient and his or her caregiver may not cultivate marijuana for symptom relief if the registered patient designates a dispensary. The Department has issued four dispensary registration certificates." "Registered Dispensary Information," vcic.vermont.gov (accessed Mar. 31, 2017)
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
No
Registration:
Mandatory
28.Washington
State Medical Marijuana Laws
Chapter 69.51A RCWBallot Initiative I-692 -- Approved by 59% of voters on Nov. 3, 1998 Effective: Nov. 3, 1998
"Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana."
Approved Conditions: Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; Intractable pain, limited to pain unrelieved by standard medical treatments and medications; Glaucoma, either acute or chronic, limited to mean increased intraocular pressure unrelieved by standard treatments and medications; Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; Chronic renal failure requiring hemodialysis; PTSD; Traumatic brain injury
Possession/Cultivation: Qualified patients and designated providers who are entered into the database may legally purchase sales-tax free the following amounts from a licensed marijuana store with a medical endorsement: Three ounces usable marijuana, 48 ounces of marijuana-infused product in solid form, 216 ounces of marijuana-infused product in liquid form or 21 grams of marijuana concentrate. They may grow six plants for personal medical use and possess up to eight ounces produced from those plants. If a healthcare practitioner determines more is needed, up to 15 plants and 16 ounces of usable marijuana may be authorized.
Qualified patients and designated providers with a valid authorization form who choose not to be entered into the database may purchase the amounts allowed for non-patients under the law that made marijuana legal in Washington, or grow in their homes four plants for personal medical use (and possess up to six ounces of usable marijuana produced from their plants).
Amended:SB 5073 Effective: July 22, 2011
Gov. Christine Gregoire signed sections of the bill and partially vetoed others, as explained in the Apr. 29, 2011 veto notice. Gov. Gregoire struck down sections related to creating state-licensed medical marijuana dispensaries and a voluntary patient registry.
Updates: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative "I-692 did not legalize medical marijuana, but rather provided an authorized user with an affirmative defense if the user shows compliance with the requirements for medical marijuana possession."
State v. Fry
ProCon.org contacted the Washington Department of Health to ask whether it had received any instructions in light of this ruling. Kristi Weeks, Director of Policy and Legislation, stated the following in a Jan. 25, 2010 email response to ProCon.org:
"The Department of Health has a limited role related to medical marijuana in the state of Washington. Specifically, we were directed by the Legislature to determine the amount of a 60 day supply and conduct a study of issues related to access to medical marijuana. Both of these tasks have been completed. We have maintained the medical marijuana webpage for the convenience of the public.
The department has not received 'any instructions' in light of State v. Fry. That case does not change the law or affect the 60 day supply. Chapter 69.51A RCW, as confirmed in Fry, provides an affirmative defense to prosecution for possession of marijuana for qualifying patients and caregivers."
On Nov. 6, 2012, Washington voters passed Initiative 502, which allows the state to "license and regulate marijuana production, distribution, and possession for persons over 21 and tax marijuana sales." The website for Washington's medical marijuana program states that the initiative "does not amend or repeal the medical marijuana laws (chapter 69.51A RCW) in any way. The laws relating to authorization of medical marijuana by healthcare providers are still valid and enforceable."
SB 5052 passed the House by a vote of 60-36 on Apr. 10, 2015 and the Senate by a vote of 41-8 on Apr. 14, 2015. Gov. Jay Inslee signed the bill into law with partial vetoes on Apr. 24, 2015.
Qualifying patients in Washington need a valid Medical Marijuana authorization form from their healthcare practitioners.
"Beginning July 1, 2016, patients and designated providers who are entered into the Medical Marijuana Authorization Database will receive a recognition card which will entitle the patient to additional rights and protections under SB 5052:
-Arrest protection
-Purchase products sales tax free
-Purchase three times the legal limit for recreational
Patients and designated providers who hold valid authorizations but aren't entered into the database will have an affirmative defense to criminal prosecution if they possess no more than four plants and six ounces of usable marijuana. They may purchase only in accordance with the laws and rules for non-patients."
Contact and Program Details
Washington State Department of Health
Medical Marijuana Program
PO Box 47852
Olympia, WA 98504
Phone: 360-236-4819
Fax: 360-236-2901
Information provided by the state on sources for medical marijuana:
The program website has a list of over 150 medically endorsed marijuana stores as of Mar. 20, 2017.
Patient Registry Fee:
$1
Accepts other states' registry ID cards?
No
Registration:
Voluntary - Registry for recognition cards is required if patients and designated providers 21 and older wish to have access to the following benefits: Purchase products sales-tax free; Purchase up to three times the current legal limit for recreational users; Purchase high-THC infused products; Grow more than four plants in their residence; Have full protection from arrest, prosecution, and legal penalties, although patients will still have an affirmative defense.
Washington, DC
State Medical Marijuana Laws
Amendment Act B18-622 "Legalization of Marijuana for Medical Treatment Amendment Act of 2010" -- Approved 13-0 by the Council of the District of Columbia on May 4, 2010; signed by the Mayor on May 21, 2010
Effective: July 27, 2010 [After being signed by the Mayor, the law underwent a 30-day Congessional review period. Neither the Senate nor the House acted to stop the law, so it became effective when the review period ended.]
Approved Conditions: HIV, AIDS, cancer, glaucoma, conditions characterized by severe and persistent muscle spasms, such as multiple sclerosis; patients undergoing chemotherapy or radiotherapy, using azidothymidine or protease inhibitors, decompensated cirrhosis, Lou Gehrig's disease, Cachexia or wasting syndrome, Alzheimer's Disease, and seizure disorders.
Possession/Cultivation: "Patients are permitted to purchase up to two (2) ounces of dried medical marijuana per month or the equivalent of two ounces of dried medical marijuana when sold in any other form." ("Patient FAQ," doh.dc.gov, Mar. 1, 2016)
Updates: On Apr. 14, 2011, Mayor Vincent C. Gray announced the adoption of an emergency amendment to title 22 of the District of Columbia Municipal Regulations (DCMR), which added a new subtitle C entitled "Medical Marijuana." The emergency amendment "will set forth the process and procedure" for patients, caregivers, physicians, and dispensaries, and "implement the provisions of the Act that must be addressed at the onset to enable the Department to administer the program." The final rulemaking was posted online on Jan. 3, 2012.
On Feb. 14, 2012, the DC Department of Health's Health Regulation and Licensing Administration posted a
revised timeline for the dispensary application process, which listed June 8, 2012 as the date by which the Department intends to announce dispensary applicants available for registration.
The first dispensary, Capital City Care, was licensed in Apr. 2013.
Contact and Program Details
Health Regulation and Licensing Administration
899 N. Capitol Street, NE
2nd Floor
Washington, DC 20002
Phone: 202-442-5955
Information provided by the state on sources for medical marijuana:
"A dispensary is a facility operated by an organization or business registered with the Department of Health... Patients are required to choose a single dispensary to register with...
Dispensaries and cultivation centers may dispense or distribute medical marijuana in any form deemed safe which allows patients to eat, inhale, or otherwise use medical marijuana for medical purposes. Medical marijuana will be subject to testing for quality assurance and safety purposes." "Medical Marijuana Program Frequently Asked Questions," doh.dc.gov (accessed Mar. 1, 2016)
Patient RegistryFee:
$100 initial or renewal fee / $25 for low income patients
Accepts other states' registry ID cards?
No
Registration:
Mandatory
29. West Virginia
State Medical Marijuana Laws
Senate Bill 386 -- Signed into law by Gov. Jim Justice on Apr. 19, 2017
Effective: Unknown
Creates the West Virginia Medical Cannabis Commission and authorizes the commission to license the number of growers and dispensaries sufficient to meet demand as of July 1, 2020.
Approved Conditions: Subject to approval by the commission - chronic or debilitating diseases or medical conditions that result in a patient being admitted into Hospice or receiving palliative care; chronic or debilitating diseases or medical conditions or the treatment of chronic or debilitating diseases or medical conditions that produce: Cachexia, anorexia, or wasting syndrome; severe or chronic pain that does not find effective relief through standard pain medication; severe nausea; seizures; severe or persistent muscle spasms; refractory generalized anxiety disorder; Post-traumatic stress disorder (PTSD)
Possession/Cultivation: 30-day supply, amount to be determined
Smoking is not a method approved by the bill.
Contact and Program Details
Department of Health and Human Resources
304-558-0684
Information provided by the state on sources for medical marijuana:
Beginning July 1, 2020, the commission may issue the number of licenses for growers and dispensaries necessary to meet the demand for medical cannabis by qualifying patients and caregivers in an affordable, accessible, secure, and efficient manner.
Patient Registry Fee:
To be determined
Accepts other states' registry ID cards?
No
Registration:
Mandatory
***********************
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sources page.
was introduced in 2016 to amend a 2015 law that failed to legalize medical marijuana because it said that doctors could "prescribe" medical marijuana, which is illegal under federal law. The new bill changed the wording to "recommend," which is legal, but did not contain any protections from prosecution for patients, growers, or distributors.
-- Approved Nov. 3, 1998 by 58% of voters 
and 
-- Signed into law by Gov. Dannel P. Malloy (D) on May 31, 2012
, which outlines regulations for the implementation of Amendment 2, during a special session on June 9, 2017. Gov. Rick Scott signed the bill into law on June 23, 2017. 
-- Approved Nov. 3, 2009 by 59% of voters
outlining the registration and application process on Oct. 6, 2010. A public hearing to discuss the proposed rules was held on Dec. 6, 2010 at the New Jersey Department of Health and Senior Services, according to the
based on 
