States with Active Medical Marijuana Programs
Source:
NORML.org: Active State Medical Marijuana Programs
News:
New Jersey Legislature approves bill to make state 14th with
medical marijuana
Alaska
SUMMARY: Fifty-eight
percent of voters approved Ballot Measure #8 on November 3,
1998. The law took effect on March 4, 1999. It removes
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." Patients
diagnosed with the following illnesses are afforded legal
protection under this act: cachexia; cancer; chronic pain;
epilepsy and other disorders characterized by seizures;
glaucoma; HIV or AIDS; multiple sclerosis and other
disorders characterized by muscle spasticity; and nausea.
Other conditions are subject to approval by the Alaska
Department of Health and Social Services. 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.
AMENDMENTS: Yes.
Senate Bill 94, which took
effect on June 2, 1999, 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.
MEDICAL MARIJUANA
STATUTES: Medical Uses of Marijuana, Alaska Stat.
§17.37.10 (2007). Through Alaska Stat. §17.37.80 (2007).
CONTACT INFORMATION:
For more information on Alaska’s medical marijuana law,
please contact:
Alaskans for Medical Rights
P.O. Box 102320
Anchorage, AK 99510
(907) 277-AKMR (2567)
Application information for the Alaska medical marijuana
registry is available by writing or calling:
Alaska Department of
Health and Social Services
P.O. Box 110699
Juneau, AK 99811-0699
(907) 465-5423
Attention: Terry Ahrens
terry_ahrens@health.state.ak.us
California
SUMMARY: Fifty-six
percent of voters approved Proposition 215 on November 5,
1996. The law took effect the following day. It 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. Conditions typically covered by the law
include but are not limited to: arthritis; cachexia; cancer;
chronic pain; HIV or AIDS; epilepsy; migraine; and multiple
sclerosis. No set limits regarding the amount of marijuana
patients may possess and/or cultivate were provided by this
act, though the California Legislature adopted guidelines in
2003.
AMENDMENTS: Yes.
Senate Bill 420, which was signed into law in October
2003 and took effect on January 1, 2004, imposes statewide
guidelines outlining how much medicinal marijuana patients
may grow and possess. Under the guidelines, qualified
patients and/or 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 such
quantities are 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.
Senate Bill 420 also mandates the California Department of
State Health Services to establish a voluntary medicinal
marijuana patient registry, and issue identification cards
to qualified patients. To date, however, no such registry
has been established.
Senate Bill 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."
MEDICAL MARIJUANA
STATUTES: California Compassionate Use Act 1996, (Act;
Health & Saf. Code, § 11362.5, added by voter initiative,
Prop. 215, Gen. Elec. (Nov. 5, 1996)).
CONTACT INFORMATION:
For more information on California’s medical marijuana law,
please contact:
California NORML
2215-R Market Street #278
San Francisco, CA 94144
(415) 563-5858
http://www.canorml.org/
For detailed information on county or municipal medical
marijuana
guidelines, please visit:
http://www.canorml.org/prop/local215policies.html
For a list of California doctors who recommend medical
cannabis, please
visit:
www.canorml.org/prop/215physicians.html
For a list of California medical cannabis providers, please
visit:
www.canorml.org/prop/cbclist.html
http://www.canorml.org/prop/local215policies.html
Colorado
SUMMARY: Fifty-four
percent of voters approved Amendment 20 on November 7, 2000,
which amends the state’s constitution to recognize the
medical use of marijuana. The law took effect on June 1,
2001. It 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.) Patients diagnosed with the following
illnesses are afforded legal protection under this act:
cachexia; cancer; chronic pain; chronic nervous system
disorders; epilepsy and other disorders characterized by
seizures; glaucoma; HIV or AIDS; multiple sclerosis and
other disorders characterized by muscle spasticity; and
nausea. Other conditions are subject to approval by the
Colorado Board of Health. Patients (or their primary
caregivers) may legally possess no more than two ounces of
usable marijuana, and may cultivate no more than six
marijuana plants. 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.
MEDICAL MARIJUANA
STATUTES: C.O. Const. art XVIII, § 14 (2001); §0-4-287
art. XVIII, Colo. Rev. Stat. § 18-18-406.3 (2001)
(interpreting the provisions of the ballot initiative and
constitutional amendment), Colo. Rev. Stat. § 25-1.5-106
(2003) (originally enacted as § 25-1-107(1)(jj)
(2001))(describing the powers and duties of the Colorado
Department of Public Health)
CONTACT INFORMATION:
Application information for the Colorado medical marijuana
registry is available online or by writing:
Colorado Department of
Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
http://www.cdphe.state.co.us/hs/medicalmarijuana/fullpacket.pdf
District of Columbia
SUMMARY: Ballot initiative
59, first passed by the voters in 1998 with 69% of the vote,
will permit seriously ill individuals to legally use
marijuana for medical treatment when recommended by a
licensed physician. Read the legislative text
here.
The Congress has 30
legislative days either to override the measure, or to allow
it to become law. Current expectations are the measure will
become law, with regulations issued by the District of
Columbia City Council to define the dispensary system
authorized by the initiative, by the end of 2010.
Hawaii
SUMMARY: Governor Ben
Cayetano signed Senate Bill 862 into law on June 14, 2000.
The law took effect on December 28, 2000. The law 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." Patients diagnosed with the
following illnesses are afforded legal protection under this
act: cachexia; cancer; chronic pain; Crohn’s disease;
epilepsy and other disorders characterized by seizures;
glaucoma; HIV or AIDS; multiple sclerosis and other
disorders characterized by muscle spasticity; and nausea.
Other conditions are subject to approval by the Hawaii
Department of Health. Patients (or their primary caregivers)
may legally possess up to 3 ounces of usable marijuana, and
may cultivate no more than seven marijuana plants, of which
no more than three may be mature. The law establishes a
mandatory, confidential state-run patient registry that
issues identification cards to qualifying patients.
AMENDMENTS: No,
although Hawaii has a separate statute allowing patients
arrested on marijuana charges to present a "choice of evils"
defense arguing that their use of marijuana is medically
necessary.
MEDICAL MARIJUANA
STATUTES: Medical Use of Marijuana, Haw. Rev. Stat.
§329-121(2008). Through Haw. Rev. Stat. §329-128 (2008).
CONTACT INFORMATION:
Administrative rules for Hawaii’s medical marijuana program
are available online from the Drug Policy Forum of Hawaii
website at:
http://www.dpfhi.org/
Application information for
the Hawaii medical marijuana registry is available by
writing or calling:
Hawaii Department of Public
Safety
919 Ala Moana Boulevard
Honolulu, HI 96814
(808) 594-0150
Maine
SUMMARY: Sixty-one
percent of voters approved Question 2 on November 2, 1999.
The law took effect on December 22, 1999. It 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."
Patients diagnosed with the following illnesses are afforded
legal protection under this act: epilepsy and other
disorders characterized by seizures; glaucoma; multiple
sclerosis and other disorders characterized by muscle
spasticity; and nausea or vomiting as a result of AIDS or
cancer chemotherapy. Patients (or their primary caregivers)
may legally possess no more than one and one-quarter ounces
of usable marijuana, and may cultivate no more than six
marijuana plants, of which no more than three may be mature.
Those patients who possess greater amounts of marijuana than
allowed by law are afforded a "simple defense" to a charge
of marijuana possession. The law does not establish a
state-run patient registry.
AMENDMENTS: Yes.
Senate Bill 611, which was signed into law on April 2, 2002,
increases the amount of useable marijuana a person may
possess from one and one-quarter ounces to two and one-half
ounces. Question 5, approved by 59 percent of voters on
November 3, 2009, mandates the Department of Health to enact
rules within 120 days establishing a confidential patient
registry and identification card system, and allowing for
the dispensing of medicinal cannabis via state-licensed
nonprofit dispensaries. The act also expands the list of
qualifying illnesses for which a physician may recommend
medical cannabis to include: "A. cancer, glaucoma, positive
status for human immunodeficiency virus, acquired immune
deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's
disease, nail-patella syndrome or the treatment of these
conditions; B. a chronic or debilitating disease or medical
condition or its treatment that produces intractable pain,
which is pain that has not responded to ordinary medical or
surgical measures for more than 6 months; C. a chronic or
debilitating disease or medical condition or its treatment
that produces one or more of the following: cachexia or
wasting syndrome; 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 D. any other
medical condition or its treatment approved by the
department as provided." Read the
full text.
MEDICAL MARIJUANA
STATUTES: Me. Rev. Stat. tit. 22, § 2383-B(5),(6) (1999)
(amended 2001), Me. Rev. Stat. tit. 22, § 2383-B(3)(e)
(amended 2001)(increasing amount of marijuana a patient may
posses to two and one-half ounces)
CONTACT INFORMATION:
Brochures outlining Maine’s medical marijuana law are
available from:
www.mainecommonsense.org
Maine Citizens for
Patients Rights
PO Box 1074
Lewiston, ME 04243
Maryland
SUMMARY: Maryland's
legislature passed a medical marijuana affirmative defense
law in 2003. This law requires the court to consider a
defendant's use of medical marijuana to be a mitigating
factor in marijuana-related state prosecution. If the
patient, post-arrest, successfully makes the case at trial
that his or her use of marijuana is one of medical
necessity, then the maximum penalty allowed by law would be
a $100 fine.
MEDICAL MARIJUANA
STATUTES: Maryland Darnell Putman Compassionate Use Act,
§5-601(3)(II) (2003).
Michigan
SUMMARY: Sixty-three
percent of voters approved
Proposal 1 on November 4, 2008. The law took effect on
December 4, 2008. It removes state-level criminal penalties
on the use, possession and cultivation of marijuana by
patients who possess written documentation from their
physicians authorizing the medical use of marijuana.
Patients diagnosed with the following illnesses are afforded
legal protection under this act: Cancer, glaucoma, positive
status for human immunodeficiency virus, acquired immune
deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's
disease, nail patella, or the treatment of these conditions.
Patients are also offered legal protection if they have a
chronic or debilitating disease or medical condition or
treatment of said condition that produces 1 or more of the
following: cachexia or wasting syndrome; severe and 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. Patients (or their
primary caregivers) may possess no more than 12 marijuana
plants kept in an enclosed, locked facility or 2.5 ounces of
usable marihuana. The law establishes a confidential
state-run patient registry that issues identification cards
to qualifying patients. The state officially began accepting
applications for the program on April 6, 2009.
AMMENDMENTS: Yes
Administrative rules for the
program took effect on April 4, 2009. A copy of the
regulations is available
here.
MEDICAL MARIJUANA
STATUTES: Michigan Medical Marihuana Act, Mich. Comp.
Law §333.26421 (2008). Through Mich. Comp. Law §333.26430
(2008).
CONTACT INFORMATION:
Michigan Medical Marihuana
Program (MMMP)
Michigan.gov/mmp
Michigan Medical Marijuana
Association
http://michiganmedicalmarijuana.org/
Montana
SUMMARY: Sixty-two
percent of voters approved Initiative 148 on November 2,
2004. The law took effect that same day. It removes
state-level criminal penalties on the use, possession and
cultivation of marijuana by patients who possess written
documentation from their physicians authorizing the medical
use of marijuana. Patients diagnosed with the following
illnesses are afforded legal protection under this act:
cachexia or wasting syndrome; severe or chronic pain; severe
nausea; seizures, including but not limited to seizures
caused by epilepsy; or severe or persistent muscle spasms,
including but not limited to spasms caused by multiple
sclerosis or Crohn's disease. Patients (or their primary
caregivers) may possess no more than six marijuana plants.
The law establishes a confidential state-run patient
registry that issues identification cards to qualifying
patients.
AMENDMENTS: No
MEDICAL MARIJUANA
STATUTES: Montana Medical Marijuana Act, Mont. Code
Ann. §50-46-1 (2007). Through Mon. Code Ann. § 50-46-2
CONTACT INFORMATION:
www.dphhs.mt.gov/medicalmarijuana/
SUMMARY: Sixty-five
percent of voters approved Question 9 on November 7, 2000,
which amends the states’ constitution to recognize the
medical use of marijuana. The law took effect on October 1,
2001. The law 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. Patients
diagnosed with the following illnesses are afforded legal
protection under this act: AIDS; cancer; glaucoma; and any
medical condition or treatment to a medical condition that
produces cachexia, persistent muscle spasms or seizures,
severe nausea or pain. Other conditions are subject to
approval by the health division of the state Department of
Human Resources. Patients (or their primary caregivers) may
legally possess no more than one ounce of usable marijuana,
and may cultivate no more than seven 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. 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.
AMENDMENTS: No.
MEDICAL MARIJUANA STATUTES:
Medical Use of Marijuana, Nev. Rev. Stat. §453A.010 (2008).
Through Nev. Rev. Stat. §453A.240 (2008).
CONTACT INFORMATION:
Application information for the Nevada medical marijuana
registry is available by writing or calling:
Nevada Department of
Health and Human Services, Nevada State Health Division
1000 East Williams St., Ste. 209
Carson City, NV 89701
775-687-7590
Contact: Jennifer
New Mexico
SUMMARY: Governor Bill
Richardson signed Senate Bill 523, "Lynn and Erin
Compassionate Use Act," into law on April 2, 2007. The new
law took effect on July 1, 2007. The law mandates the state
Department of Health by October 1, 2007, to promulgate rules
governing the use and distribution of medical cannabis to
state-authorized patients. These rules shall address the
creation of state-licensed "cannabis production facilities,"
the development of a confidential patient registry and a
state-authorized marijuana distribution system, and "define
the amount of cannabis that is necessary to constitute an
adequate supply" for qualified patients.
AMENDMENTS: Yes. In
January 2009, the New Mexico Department of Health finalized
rules governing the production, distribution, and use of
medicinal cannabis under state law. Patients registered with
the state Department of Health and who are diagnosed with
the following illnesses are afforded legal protection under
these rules:
-
Severe chronic pain
-
Painful peripheral
neuropathy
-
Intractable
nausea/vomiting
-
Severe anorexia/cachexia
-
Hepatitis C infection
currently receiving antiviral treatment
-
Crohn's disease
-
Post-traumatic Stress
Disorder
-
Amyotrophic Lateral
Sclerosis (Lou Gehrig's disease)
-
Cancer
-
Glaucoma
-
Multiple sclerosis
-
Damage to the nervous
tissue of the spinal cord with intractable spasticity
-
Epilepsy
-
HIV/AIDS
-
Hospice patients
Other conditions are subject
to approval by the Department of Health. Patients may
legally possess six ounces of medical cannabis (or more if
authorized by their physician) and/or 16 plants (four
mature, 12 immature) under this act.
State regulations also
authorize non-profit facilities to apply with the state to
produce and dispense medical cannabis. State licensed
producers may grow up to 95 mature plants at one time.
Patient applicant information
is available
here [PDF].
Applications for nonprofit
providers are available
here [PDF].
MEDICAL MARIJUANA
STATUTES: Lynn and Erin Compassionate Use Act, N.M.
Stat. Ann. §30-31C-1 (2007).
CONTACT INFORMATION:
Please contact the Medical Cannabis Program Coordinator at
(505) 827-2321 or
medical.cannabis@state.nm.us or visit
www.nmhealth.org/marijuanahtml for more information.
Oregon
SUMMARY: Fifty-five
percent of voters approved Measure 67 on November 3, 1998.
The law took effect on December 3, 1998. It 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. Patients
diagnosed with the following illnesses are afforded legal
protection under this act: cachexia; cancer; chronic pain;
epilepsy and other disorders characterized by seizures;
glaucoma; HIV or AIDS; multiple sclerosis and other
disorders characterized by muscle spasticity; and nausea.
Other conditions are subject to approval by the Health
Division of the Oregon Department of Human Resources.
Patients (or their primary caregivers) may legally possess
no more than three ounces of usable marijuana, and may
cultivate no more than seven 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. 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.
AMENDMENTS: Yes.
House Bill 3052, which took
effect on July 21, 1999, 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."
Also,
Senate Bill 1085, which took effect on January 1, 2006,
raises the quantity of cannabis that authorized patients may
possess from seven plants (with no more than three mature)
and three ounces of cannabis to six mature cannabis plants,
18 immature seedlings, and 24 ounces of usable cannabis.
However, those 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.
Other amendments to Oregon's
medical marijuana law redefine "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.
MEDICAL MARIJUANA
STATUTES: Oregon Medical Marijuana Act, Or. Rev. Stat.
§475.300 (2007). Through Or. Rev. Stat. (2007).
CONTACT INFORMATION:
Application information for the Oregon medical marijuana
registry is available online or by writing:
Oregon Department of Human
Services
800 NE Oregon St.
Portland, OR 97232
(503) 731-4000
http://egov.oregon.gov/DHS/ph/ommp/index.shtml
Oregon Cannabis Patients
registry: 1 (877) 600-6767
Oregon NORML Medical Marijuana Act Handbook (PDF)
Rhode Island
SUMMARY:
The Edward O. Hawkins and Thomas C. Slater Medical Marijuana
Act took effect immediately upon passage on January 3,
2006. The law removes state-level criminal penalties on the
use, possession and cultivation of marijuana by patients who
possess "written certification" from their physician
stating, "In the practitioner's professional opinion, the
potential benefits of the medical use of marijuana would
likely outweigh the health risks for the qualifying
patient." Patients diagnosed with the following illnesses
are afforded legal protection under this act: cachexia;
cancer; glaucoma; Hepatitis C; 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. Other conditions are
subject to approval by the Rhode Island Department of
Health. Patients (and/or their primary caregivers) may
legally possess 2.5 ounces of cannabis and/or 12 plants, and
their cannabis must be stored in an indoor facility. The law
establishes a mandatory, confidential state-run patient
registry that issues identification cards to qualifying
patients. Patients who do not register with the Department
of Health, but have received certification from their
physician to use medicinal cannabis, may raise an
affirmative defense at trial.
AMENDMENTS: Yes.
In June 2007, the Rhode Island House and Senate enacted
legislation eliminating the sunset clause of the The Edward
O. Hawkins and Thomas C. Slater Medical Marijuana Act,
making the provisional program permanent
MEDICAL MARIJUANA
STATUTES: The Rhode Island Medical Marijuana Act, R.I.
Gen. Laws §1-21-28.6 (2006).
CONTACT INFORMATION:
http://www.health.state.ri.us/
Application Forms are available at
www.health.ri.gov/hsr/mmp/index.php or by visiting room
104 at the Health Department, 3 Capitol Hill, Providence.
More helpful information can be found here:
http://ripatients.org/.
Vermont
SUMMARY: Senate Bill
76 became law without Gov. James Douglas' signature on May
26, 2004. The law takes effect on July 1, 2004. The law
removes state-level criminal penalties on the use,
possession and cultivation of marijuana by patients
diagnosed with a "debilitating medical condition." Patients
diagnosed with the following illnesses are afforded legal
protection under this act: HIV or AIDS, cancer, and Multiple
Sclerosis. Patients (or their primary caregiver) may legally
possess no more than two ounces of usable marijuana, and may
cultivate no more than three marijuana plants, of which no
more than one may be mature. The law establishes a
mandatory, confidential state-run registry that issues
identification cards to qualifying patients.
AMENDMENTS: Yes.
Senate Bill 7, which took effect on JULY 1, 2007, expands
the definition of "debilitating medical condition" to
include: "(A) cancer, multiple sclerosis, positive status
for human immunodeficiency virus, acquired immune deficiency
syndrome, or the treatment of these conditions, if the
disease or the treatment results in severe, persistent, and
intractable symptoms; or (B) 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; severe
pain; severe nausea; or seizures."
The measure also raises the quantity of medical cannabis
patients may legally possess under state law from one mature
and/or two immature plants to two mature and/or seven
immature plants. Senate Bill 7 also amends state law so
that licensed physicians in neighboring states can legally
recommend cannabis to Vermont patients.
MEDICAL MARIJUANA
STATUTES: Therapeutic Use of Cannabis, Vt. Stat. Ann.
tit. 18 § 4471 (2003). Through Vt. Stat Ann. tit. 18 § 4474d
(2003).
CONTACT INFORMATION:
Marijuana Registry
Department of Public Safety
03 South Main Street
Waterbury, Vermont 05671
802-241-5115
www.safeaccessnow.org/article.php?id=2012
Washington
SUMMARY: Fifty-nine
percent of voters approved Measure 692 on November 3, 1998.
The law took effect on that day. It removes state-level
criminal penalties on the use, possession and cultivation of
marijuana by patients who possess "valid documentation" from
their physician affirming that he or she suffers from a
debilitating condition and that the "potential benefits of
the medical use of marijuana would likely outweigh the
health risks." Patients diagnosed with the following
illnesses are afforded legal protection under this act:
cachexia; cancer; HIV or AIDS; epilepsy; glaucoma;
intractable pain (defined as pain unrelieved by standard
treatment or medications); and multiple sclerosis. Other
conditions are subject to approval by the Washington Board
of Health. Patients (or their primary caregivers) may
legally possess or cultivate no more than a 60-day supply of
marijuana. The law does not establish a state-run patient
registry.
AMENDMENTS: Yes.
Senate Bill 6032, mandated
the Department of Health to "adopt rules defining the
quantity of marijuana that could reasonably be presumed to
be a sixty-day supply for qualifying patients." In October
2008, the department finalized guidelines allowing patients
to cultivate up to 15 cannabis plants and/or possess up to
24 ounces of usable marijuana. The new limits took effect on
November 2, 2008.
Patients who possess larger quantities of cannabis than
those approved by the Department will continue to receive
legal protection under the law if they present evidence
indicating that they require such amounts to adequately
treat their qualifying medical condition.
Senate Bill 6032 also affirmed changes previously
recommended by the state's Medical Quality Assurance
Commission to expand the state's list of qualifying
conditions to include Crohn's disease, hepatitis c, and any
"diseases, including anorexia, which results in nausea,
vomiting, wasting, appetite loss, cramping, seizures, muscle
spasms, and/or spasticity, when these symptoms are
unrelieved by standard treatments or medications."
It also limits the ability of police to seize medicinal
cannabis that is "determined ... [to be] possessed lawfully
[by an authorized patients] under the ... law."
MEDICAL MARIJUANA
STATUTES: Medical Use of Marijuana Act, Wash. Rev. Code
§69.51A.005 and Wash. Rev. Code §69.51A.010 through Wash.
Rev. Code 69.51A.008 and Washington Rev. Code §69.51A.900
Through §6951A.902 (2007).
CONTACT INFORMATION:
Fact sheets outlining Washington’s medical marijuana law are
available from:
Washington State
Department of Health
1112 SE Quince St.
P.O. Box 47890
Olympia, WA 98504-7890
(800) 525-0127 or (360) 236-4052
Attention: Glenda Moore
http://www.doh.wa.gov/
ACLU of Washington, Drug
Reform Project
(206) 624-2184
http://www.aclu-wa.org/detail.cfm?id=182
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