|
||||||
 |
||||||||||||||||||||||||||
ArizonaSUMMARY: Just over 50
percent of voters (50.13 percent) approved Proposition 203
on November 2, 2010. The law removes state-level criminal
penalties on the use and possession of marijuana by patients
who have "written cerification" from their physician that
marijuana may alleviate his or her condition. Patients
diagnosed with the following illnesses are afforded legal
protection under this act: cancer; glaucoma; positive status
for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis
(Lou Gehrig's disease), Crohn's disease, agitation of
Alzheimer's disease or any chronic or debilitating medical
condition or its treatment that produces one or more of the
following: cachexia or wasting syndrome, severe or chronic
pain, severe nausea, seizures, including those
characteristic of epilepsy, severe or persistent muscle
spasms, including those characteristic of multiple
sclerosis, persistent muscle spasms or seizures, severe
nausea or pain. Other conditions will be subject to approval
by the Arizona Department of Health Services. Patients (or
their primary caregivers) may legally possess no more than
two and one-half ounces of usable marijuana, and may
cultivate no more than twelve marijuana plants in an
"enclosed, locked facility." The law establishes a
confidential state-run patient registry that issues
identification cards to qualifying patients. Under the law,
the Arizona Department of Health Services has 120 days to
adopt rules 'governing nonprofit dispensaries,' which may
produce and dispense marijuana to authorized patients on a
not-for-profit basis. Neither patients nor their caregivers
may legally cultivate marijuana under this act if they
reside within 25 miles of an operating, state-licensed
not-for-profit dispensary. Read the full text of the law
here:
http://stoparrestingpatients.org/home/initiative. CaliforniaSUMMARY: 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 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
ColoradoSUMMARY: 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
District of ColumbiaSUMMARY: 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.
HawaiiSUMMARY: 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
MaineSUMMARY: 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: Maine Citizens for
Patients Rights
MarylandSUMMARY: (Maryland passed a law that, although favorable to medical marijuana, does not legalize its use) 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).
MichiganSUMMARY: 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. 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). Michigan Medical Marihuana
Program (MMMP) Michigan Medical Marijuana
Association MontanaSUMMARY: 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, 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/ NevadaSUMMARY: 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. 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
New JerseySUMMARY: Governor Jon
Corzine signed the New Jersey Compassionate Use Medical
Marijuana Act into law on January 18, 2010. As initially
passed, the law was scheduled to take effect in July 2010.
However, lawmakers in June amended the legislation at the
behest of Republican Gov. Chris Christie to delay the
enactment of the law until October 1, 2010. The law mandates
the state to promulgate rules governing the distribution of
medical cannabis to state-authorized patients. These rules
shall address the creation of up to six state-licensed
"alternative treatment centers." Patients diagnosed with the
following illnesses are afforded legal protection under this
act: cancer, glaucoma, seizure and/or spasticity disorders
(including epilepsy), Lou Gehrig's disease, multiple
sclerosis, muscular dystrophy, HIV/AIDS, inflammatory bowel
disease (including Crohn’s disease), any terminal illness if
a doctor has determined the patient will die within a year.
Other conditions are subject to approval by the state
Department of Health. Patients authorized to use marijuana
under this act will not be permitted to cultivate their own
cannabis, and are limited to the possession of two ounces of
marijuana per month.
New MexicoSUMMARY: 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:
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.
OregonSUMMARY: 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 Oregon Cannabis Patients registry: 1 (877) 600-6767 Oregon NORML Medical Marijuana Act Handbook (PDF)
Rhode IslandSUMMARY:
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. MEDICAL MARIJUANA
STATUTES: The Rhode Island Medical Marijuana Act, R.I.
Gen. Laws §1-21-28.6 (2006).
VermontSUMMARY: 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. 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
WashingtonSUMMARY: 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. 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 ACLU of Washington, Drug
Reform Project
|
| Related Links:
We're here to help! |
