OLYMPIA, Wash. – Several states have started reassessing their medical marijuana laws after stern warnings from the federal government that everyone from licensed growers to regulators could be subjected to prosecution.
The ominous-sounding letters from U.S. attorneys in recent weeks have directly injected the federal government back into a debate that has for years been progressing at the state level. Warnings in Washington state led Gov. Chris Gregoire to veto a proposal that would have created licensed marijuana dispensaries.
Gregoire, the chair of the National Governors Association, now says she wants to work with other states to push for changes to federal marijuana laws to resolve the legal disputes caused by what she described as prosecutors reinterpreting their own policies.
"The landscape is changing out there. They are suggesting they are not going to stand down," Gregoire said.
The Department of Justice said two years ago that it would be an inefficient use of funds to target people who are in clear compliance with state law. But U.S. attorneys have said in their recent memos that they would consider civil or criminal penalties for those who run large-scale operations — even if they are acceptable under state law.
In a letter to Gregoire, Washington state's two U.S. attorneys warned that even state employees could be subject to prosecution for their role in marijuana regulation. The letter does not specify how that would happen, but the implication is that state workers who are involved in approving and regulating the sale of an illegal drug are committing a crime.
No state workers have been charged federally for regulating medical marijuana laws, and legal experts say such a move would be extraordinary — if not unprecedented in recent history. Gregoire said she didn't want to take the chance, arguing that it would be irresponsible for her to leave her workers vulnerable.
Letters with various cautions have also gone to officials in California, Colorado, Montana and Rhode Island. Federal authorities recently conducted a series of raids at grow operations in Montana, helping push lawmakers to put stricter limits on the industry. Federal raids also targeted at least two dispensaries in Spokane on Thursday, a day before Gregoire decided to veto the proposed law.
More than a dozen states have approved the medical use of marijuana, which is not legal under federal law. About half of those states regulate medical marijuana dispensaries.
The impact of the U.S. attorneys' letters is growing. New Jersey is in the process of preparing to implement its new medical marijuana law, but Gov. Chris Christie's administration doesn't want to get operations fully up and running until it can get some clarity about the legal warnings issued in other states and how they might affect New Jersey workers and marijuana operators.
"Those letters raised serious questions about legal jeopardy," said Christie spokesman Michael Drewniak. The state's attorney general has officially asked U.S. Attorney General Eric Holder for guidance.
Gregoire said she is interested in working with other governors to push for a change in federal law to reclassify medical marijuana as a Schedule 2 substance, putting it on par with addictive but accepted drugs such as morphine or oxycodone.
Justice Department officials said in 2009 that, as a general rule, prosecutors should not focus federal resources "on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." A memo on the subject did leave open the possibility of federal prosecution even when people comply with state law, but Holder indicated that would not be policy.
"The policy is to go after those people who violate both federal and state law," Holder told reporters at the time.
The latest memos carry a more direct warning: "We maintain the authority to enforce (federal law) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law."
Justice Department spokeswoman Tracy Schmaler said in a statement that prosecutors aren't going to look the other way while significant drug-trafficking organizations try and shield their illegal efforts through the pretense that they are medical dispensaries.
"We will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," she said.
The federal comments have angered supporters of medical marijuana, who had believed that the Obama administration was honoring state laws. Ezra Eickmeyer, political director for the Washington Cannabis Association, said it appears prosecutors are operating under a more aggressive policy.
"Coming in and trying to strong-arm legislatures is way over the top," Eickmeyer said. "We would have expected this sort of thing form the Bush administration, but not Obama."
Please click on map to find more information on laws in your state pertaining to Marijuana.
15 Legal Medical Marijuana States and DC
Laws, Fees, and Possession Limits
1.
Residency Requirement - 13 of the 15 states require proof of residency to be considered a qualifying patient for medical marijuana use. Only Oregon and Montana have announced that they will accept out-of-state applications.
2.
Home Cultivation - Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), told ProCon.org in a Nov. 2, 2010 email that "Patients and their caregivers can cultivate in 13 of the 15 states. Home cultivation is not allowed in New Jersey or the District of Columbia and a special license is required in New Mexico. In Arizona, patients can only cultivate if they live 25 miles or more from a dispensary."
3.
Patient Registration - Karen O'Keefe stated the following in a Jan. 11, 2010 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: Rhode Island, Montana, Michigan, Colorado, Maine, Nevada, and Oregon. Hawaii also has a separate 'choice of evils' defense. In California, ID cards are voluntary, but they offer the strongest legal protection
The states with no protection unless you're registered are: Alaska (except for that even non-medical use is protected in one's home due to the state constitutional right to privacy); Vermont, New Mexico, and New Jersey."
4.
Maryland - Maryland passed a law that, although favorable to medical marijuana, does not legalize its use. Senate Bill 502 (72 KB), the "Darrell Putman Bill" (Resolution #0756-2003) was approved in the state senate by a vote of 29-17, signed into law by Gov. Robert L. Ehrlich, Jr. on May 22, 2003, and took effect on Oct. 1, 2003. The law allows defendants being prosecuted for the use or possession of marijuana to introduce evidence of medical necessity and physician approval, to be considered by the court as a mitigating factor. If the court finds that the case involves medical necessity, the maximum penalty is a fine not exceeding $100. The law does not protect users of medical marijuana from arrest nor does it establish a registry program.
II. Details by State: 15 states and DC that have enacted laws to legalize medical marijuana
State
Program Details
Contact and Other Info
1. Alaska Ballot Measure 8 (100 KB) -- 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: 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.
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.
Amended: Senate Bill 94
Effective: 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.
Update: Alaska Statute Title 17 Chapter 37 (36 KB)
Creates a confidential statewide registry of medical marijuana patients and caregivers and establishes identification card.
Alaska Bureau of Vital Statistics
Marijuana Registry
P.O. Box 110699
Juneau, AK 99811-0699
Phone: 907-465-5423
BVSSpecialServices@health.state.ak.us
AK Marijuana Registry Online
Information provided by the state on sources for medical marijuana:
None found
Patient Registry Fee:
$25 new application/$20 renewal
Accepts other states' registry ID cards?
1: Unknown [Editor's Note: Four phone calls made Jan. 5-8, 2010 and an email sent on Jan. 6, 2010 by ProCon.org to the Alaska Marijuana Registry have not yet been returned and the information is not available on the state's website (as of Jan. 11, 2010).]
Registration:
Mandatory
2. Arizona Ballot Proposition 203 (300 KB) "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).
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. 2: 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.
Arizona Department of Health Services (ADHS)
Medical Marijuana Program
150 North 18th Avenue
Phoenix, Arizona 85007
Phone: 602-542-1023
Prop 203 Information Hub
Information provided by the state on sources for medical marijuana:
"Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient's designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation. 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," (150 KB) Mar. 25, 2010
Patient Registry Fee:
$150 / $75 for Supplemental Nutrition Assistance Program participants
Accepts other states' registry ID cards?
3: Yes, but does not permit visiting patients to obtain marijuana from an Arizona dispensary
Registration:
Mandatory
3. California Ballot Proposition 215 (45 KB) -- 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 (70 KB)
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."
4: [Editor's Note: On Jan. 21, 2010, the California Supreme Court affirmed (S164830 (300 KB)) the May 22, 2008 Second District Court of Appeals ruling (50 KB) 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.
California Department of Public Health
Office of County Health Services
Attention: Medical Marijuana Program Unit
MS 5203
P.O. Box 997377
Sacramento, CA 95899-7377
Phone: 916-552-8600
Fax: 916-440-5591
mmpinfo@dhs.ca.gov
CA Medical Marijuana Program
Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use (55 KB)
Information provided by the state on sources for medical marijuana:
"Dispensaries, growing collectives, etc., are licensed through local city or county business ordinances and the regulatory authority lies with the State Attorney General's Office. Their number is 1-800-952-5225." (accessed Jan. 11, 2010)
Patient Registry Fee:
$66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location)
Accepts other states' registry ID cards?
No
Registration:
Voluntary
4. Colorado Ballot Amendment 20 -- Approved Nov. 7, 2000 by 54% of voters
Effective: June 1, 2001
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; or persistent muscle spasms, including those that are characteristic of multiple sclerosis. 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 (236 KB) and Senate Bill 109 (50 KB)
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."
Medical Marijuana Registry
Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
medical.marijuana@state.co.us
CO Medical Marijuana Registry
Information provided by the state on sources for medical marijuana:
"The Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue of dispensaries. While the Registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them." (accessed Jan. 11, 2010)
Patient Registry Fee:
$90
Accepts other states' registry ID cards?
No
Registration:
Voluntary
5. District of Columbia (DC) Amendment Act B18-622 (80KB) "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, glaucoma, multiple sclerosis, cancer, other conditions that are chronic, long-lasting, debilitating, or that interfere with the basic functions of life, serious medical conditions for which the use of medical marijuana is beneficial, patients undergoing treatments such as chemotherapy and radiotherapy.
Possession/Cultivation: The maximum amount of medical marijuana that any qualifying patient or caregiver may possess at any moment is two ounces of dried medical marijuana. The Mayor may increase the quantity of dried medical marijuana that may be possessed up to four ounces; and shall decide limits on medical marijuana of a form other than dried.
Medical Marijuana Program
The law establishes a medical marijuana program to "regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, and administration of medical marijuana and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall be administered by the Mayor."
Patient Registry Fee:
*[Editor's Note: Although the law took effect on July 27, 2010, the Mayor and the Department of Health have yet to determine how the medical marijuana program will be run. A DC Department of Health spokesperson told ProCon.org by phone on Jan. 19, 2011 that no announcement has been made regarding when the program will begin.]
Accepts other states' registry ID cards?
Unknown
Registration:
Program not yet established (as of Jan. 19, 2011)
6. Hawaii Senate Bill 862 (40 KB) -- 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. 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," which shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant.
Not Amended
Narcotics Enforcement Division
3375 Koapaka Street, Suite D-100
Honolulu, HI 96819
Phone: 808-837-8470
Fax: 808-837-8474
HI Medical Marijuana Application info
Information provided by the state on sources for medical marijuana:
"Hawaii law does not authorize any person or entity to sell or dispense marijuana... Hawaii law authorizes the medical use of marijuana, it does not authorize the distribution of marijuana (Dispensaries) other than the transfer from a qualifying patient's primary caregiver to the qualifying patient." (accessed Jan. 11, 2010)
Patient Registry Fee:
$25
Accepts other states' registry ID cards?
No
Registration:
Mandatory
7. Maine 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: 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.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one and one-quarter (1.25) 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.
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 (135 KB) -- 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."]
Department of Health and Human Services
Division of Licensing and Regulatory Services
Catherine M. Cobb, Director
11 State House Station
Augusta, ME 04333
207-287-9300
Maine Medical Marijuana Program
catherine.cobb@maine.gov
Information provided by the state on sources for medical marijuana:
ID cards being issued to patients who grow their own medical marijauna. State licensing program (as of Jan. 11, 2009)
Patient Registry Fee:
$100 / $75 with Medicaid Card
Caregivers pay $300/patient (limit of 5 patients; if not growing marijuana, there is no fee)
Accepts other states' registry ID cards?
Yes
5: "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 until Dec. 31, 2010
"Patients using marijuana under the old informal system will have their 'affirmative defense' expire on that date. Thereafter, they will need a patient card issued in Maine." (Aug. 19, 2010 email from Maine's Division of Licensing and Regulatory Services)
8. Michigan Proposal 1 (60 KB) "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, and multiple sclerosis.
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.
Michigan Medical Marihuana Program (MMMP)
Bureau of Health Professions, Department of Community Health
611 W. Ottawa St.
Lansing, MI 48933
Phone: 517-373-0395
bhpinfo@michigan.gov
MI Medical Marihuana Program
Information provided by the state on sources for medical marijuana:
"The MMMP is not a resource for the growing process and does not have information to give to patients." (accessed Jan. 11, 2010)
Patient Registry Fee:
$100 new or renewal application / $25 Medicaid patients
Accepts other states' registry ID cards?
Yes
Registration:
Mandatory
9. Montana Initiative 148 (76 KB) -- 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 Chrohn's disease; or any other medical condition or treatment for a medical condition adopted by the department by rule.
Possession/Cultivation: A qualifying patient and a qualifying patient's caregiver may each possess six marijuana plants and one ounce of usable marijuana. "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.
Not Amended
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: 406-444-2676
jbuska@mt.gov
MT Medical Marijuana Program
Information provided by the state on sources for medical marijuana:
"The Medical Marijuana Act... allows a patient or caregiver to grow up to six plants or possess up to one ounce of usable marijuana. The department cannot give advice or referrals on how to obtain a supply of marijuana... State law is silent on where grow sites can be located." (accessed Jan. 11, 2010)
Patient Registry Fee:
$25 new application/$10 renewal
(reduced from $50 as of Oct. 1, 2009)
Accepts other states' registry ID cards?
Yes
Registration:
Mandatory
10. Nevada 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 or seizures, severe nausea or pain. 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 one ounce of usable marijuana, three mature plants, and four immature 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.
Amended: Assembly Bill 453 (25 KB)
Effective: Oct. 1, 2001
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.
Nevada State Health Division
1000 E William Street
Suite 209
Carson City, Nevada 89701
Phone: 775-687-7594
Fax: 775-687-7595
NV Medical Marijuana Program (NMMP)
Information provided by the state on sources for medical marijuana:
"The NMMP is not a resource for the growing process and does not have information to give to patients."
Patient Registry Fee:
$150, plus $15-42 in additional related costs
Accepts other states' registry ID cards?
No
Registration:
Mandatory
11. New Jersey Senate Bill 119 (175 KB)
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 [Editor's Note: 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 did not agree on the details of how the program would be run. The DHHS website FAQs section indicates that medical marijuana will be available to patients in July 2011.]
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: Seizure disorder, including epilepsy, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig's Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease; terminal illness, if the physician has determined a prognosis of less than 12 months of life or any other medical condition or its treatment that is approved by the Department of Health and Senior Services.
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.
The New Jersey Department of Health and Senior Services released draft rules (385 KB) 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 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 (25 KB) 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, DHHS proposed new rules (200 KB) 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."
S119 becomes effective six months after the law was enacted on Jan. 18, 2010. The program will be run by the Department of Health and Senior Services (DHHS).
Medicinal Marijuana Program
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 DHHS announced the locations of six nonprofit alternative treatment centers (ATCs) (100 KB) from which medical marijuana may be obtained. ATCs are anticipated to be open in the Northern, Central, and Southern Regions of the state by summer 2011.
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?
Unknown
Registration:
Mandatory
12. New Mexico Senate Bill 523 (71 KB) "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 designated to administer the program and register patients, caregivers, and providers.
Approved Conditions: The 15 current qualifying conditions for medical cannabis are: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn's disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig's disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, and hospice patients.
Possession/Cultivation: Patients have the right to possess up to six ounces of usable cannabis, four mature plants and 12 seedlings. Usable cannabis is defined as dried leaves and flowers; it does not include seeds, stalks or roots. A primary caregiver may provide services to a maximum of four qualified patients under the Medical Cannabis Program.
New Mexico Department of Health
1190 St. Francis Drive
P.O. Box 26110
Santa Fe, NM 87502-6110
Phone: 505-827-2321
medical.cannabis@state.nm.us
NM Medical Cannabis Program
Information provided by the state on sources for medical marijuana:
"Patients can apply for a license to produce their own medical cannabis... Once a patient is approved we provide them with information about how to contact the licensed producers to receive medical cannabis." (accessed Jan. 11, 2010)
Patient Registry Fee:
$0
Accepts other states' registry ID cards?
No
Registration:
Mandatory
13. Oregon Ballot Measure 67 (75 KB) -- 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, 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) (52 KB)
Amended: Senate Bill 1085 (52 KB)
Effective: Jan. 1, 2006
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.
Amended: House Bill 3052
Effective: 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."
[Editor's Note: On Jul 16, 2010 the Oregon Secretary of State certified a ballot measure (100 KB) to appear on the ballot in the Nov. 2010 general election. The measure would allow for the creation of state-regulated dispensaries. The measure defines dispensaries as nonprofit organizations, and would require them to pay licensing fees. Patients would still be allowed to grow their own marijuana supply.]
Oregon Department of Human Services
Medical Marijuana Program
PO Box 14450
Portland, OR 97293-0450
Phone: 971-673-1234
Fax: 971-673-1278
OR Medical Marijuana Program (OMMP)
Information provided by the state on sources for medical marijuana:
"The OMMP is not a resource for the growing process and does not have information to give to patients." (accessed Jan. 11, 2010)
Patient Registry Fee:
$100 for new applications and renewals, $20 for applicants enrolled in the Oregon Health Plan or who receive federal Supplementary Social Security Income or monthly food stamp benefits
Accepts other states' registry ID cards?
No
Registration:
Mandatory
14. Rhode Island Senate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate.
Timeline:
1. June 24, 2005: passed the House 52 to 10
2. June 28, 2005: passed the State Senate 33 to 1
3. June 29, 2005: Gov. Carcieri vetoed the bill
4. June 30, 2005: Senate overrode the veto 28-6
5. Jan. 3, 2006: House overrode the veto 59-13 to pass the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (48 KB) (Public Laws 05-442 and 05-443)
6. June 21, 2007: Amended by Senate Bill 791 (30 KB) Effective: Jan. 3, 2006
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.
If you have a medical marijuana registry identification card from any other state, U.S. territory, or the District of Columbia you may use it in Rhode Island. It has the same force and effect as a card issued by the Rhode Island 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 (70 KB) - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (substituted for the original bill)
Timeline:
1. May 20, 2009: passed the House 63-5
2. June 6, 2009: passed the State Senate 31-2
3. June 12, 2009: Gov. Carcieri vetoed the bill (60 KB)
4. June 16, 2009: Senate overrode the veto 35-3
5. June 16, 2009: House overrode the veto 67-0
Effective: June 16, 2009Allows 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.
Rhode Island Department of Health
Office of Health Professions Regulation, Room 104
3 Capitol Hill
Providence, RI 02908-5097
Phone: 401-222-2828
RI Medical Marijuana Program (MMP)
Information provided by the state on sources for medical marijuana:
"The MMP is not a resource for marijuana and does not have information to give to patients related to the supply of marijuana." (accessed Jan. 11, 2010)
Patient Registry Fee:
$75/$10 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
15. Vermont Senate Bill 76 (45 KB) -- Approved 22-7; House Bill 645 (41 KB) -- Approved 82-59
"Act Relating to Marijuana Use by Persons with Severe Illness" (Sec. 1. 18 V.S.A. chapter 86 (41 KB) 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
Amended: Senate Bill 00007 (65 KB)
Effective: May 30, 2007
Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, 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, severe pain or nausea or seizures.
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.
Marijuana Registry
Department of Public Safety
103 South Main Street
Waterbury, Vermont 05671
Phone: 802-241-5115
VT Marijuana Registry Program
Information provided by the state on sources for medical marijuana:
"The Marijuana Registry is neither a source for marijuana nor can the Registry provide information to patients on how to obtain marijuana." (accessed Jan. 11, 2010)
Patient Registry Fee:
$50
Accepts other states' registry ID cards?
No
Registration:
Mandatory
16. Washington Chapter 69.51A RCW (4KB) Ballot Initiative I-692 -- Approved by 59% of voters on Nov. 3, 1998
Effective: Nov. 3, 1998
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."
Approved Conditions: 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.
Possession/Cultivation: 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.
Amended: Senate Bill 6032 (29 KB)
Effective: 2007 (rules being defined by Legislature with a July 1, 2008 due date)
Amended: Final Rule (123 KB) based on Significant Analysis (370 KB)
Effective: Nov. 2, 2008
Approved Conditions: Added Crohn's disease, Hepatitis C with debilitating nausea or intractable pain, diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those conditions are unrelieved by standard treatments or medications.
Possession/Cultivation: A qualifying patient and designated provider may possess a total of no more than twenty-four ounces of usable marijuana, and no more than fifteen plants. This quantity became the state's official "60-day supply" on Nov. 2, 2008.
[Editor's Note: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative "I-692 did not legalize 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 (125 KB)
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."]
Department of Health
PO Box 47866
Olympia, WA 98504-7866
Phone: 360-236-4700
Fax: 360-236-4768
MedicalMarijuana@doh.wa.gov
WA Medical Marijuana website
Information provided by the state on sources for medical marijuana:
"The law allows a qualifying patient or designated provider to grow medical marijuana. It is not legal to buy or sell it. The law does not allow dispensaries." (accessed Jan. 11, 2010)
Patient Registry Fee:
**No state registration program has been established
Accepts other states' registry ID cards?
No
Registration:
None
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