Active Medical Marijuana Programs by State

1. Residency Requirement - 18 of the 20 states require proof of residency to be considered a qualifying patient for medical marijuana use. Only Oregon has announced that it will accept out-of-state applications. The Illinois law does not appear to have a residency requirement, but it is unknown whether the program rules will address this matter.
2. Home Cultivation - Karen O’Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), told ProCon.org in a August 5, 2013 email that “Some or all patients and/or their caregivers can cultivate in 15 of the 20 states. Home cultivation is not allowed in Connecticut, Delaware, Illinois, New Hampshire, New Jersey, or the District of Columbia and a special license is required in New Mexico. In Arizona, patients can only cultivate if they lived 25 miles or more from a dispensary when they applied for their card. In Massachusetts, patients can only cultivate if they have a hardship waiver. In Nevada, patients can cultivate if they live more than 25 miles from a dispensary, if they are not able to reasonably travel to a dispensary, or if no dispensaries in the patients’ counties are able to supply the strains they need. In addition, Nevada patients who were growing by July 1, 2013 may continue grow until March 31, 2016.”
3. Patient Registration - Karen O’Keefe stated the following in an Aug. 5, 2013 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, Michigan, Colorado, Nevada, Oregon, and, in some circumstances, Delaware. Hawaii also has a separate ‘choice of evils’ defense. Patient ID cards are voluntary in Maine and California, but in California they offer the strongest legal protection. In Delaware, the defense is only available between when a patient submits a valid application and receives their ID card.

   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), Arizona, Connecticut, Montana, New Hampshire, Vermont, New Mexico, and New Jersey. Washington, D.C. also requires registration.”

4. Maryland - Maryland passed two laws that, although favorable to medical marijuana, do 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.On May 10, 2011, Maryland Governor Martin O’Malley signed SB 308  (500 KB), into law. SB 308 removed criminal penalties for medical marijuana patients who meet the specified conditions, but patients are still subject to arrest. The bill provides an affirmative defense for defendants who have been diagnosed with a debilitating medical condition that is “severe and resistant to conventional medicine.” The affirmative defense does not apply to defendants who used medical marijuana in public or who were in possession of more than one ounce of marijuana. The bill also created a Work Group to “develop a model program to facilitate patient access to marijuana for medical purposes.”

   Maryland passed two medical marijuana-related laws in 2013. HB 180  (150 KB), signed into law by Governor O’Malley on Apr. 9, 2013, provides an affirmative defense to a prosecution for caregivers of medical marijuana patients. HB 1101  (200 KB), signed into law by Governor O’Malley on May 2, 2013, allows for the investigational use of marijuana for medical purposes by “academic medical centers.” The University of Maryland Medical System and Johns Hopkins University indicated they would not participate  (230 KB).

5. Several states with legal medical marijuana received letters from their respective United States Attorney’s offices  (2 MB) explaining that marijuana is a Schedule I substance and that the federal government considers growing, distribution, or possession of marijuana to be a federal crime regardless of the state laws. An Aug. 29, 2013  (525 KB)Department of Justice memo clarified the government’s prosecutorial priorities and stated that the federal government would rely on state and local law enforcement to “address marijuana activity through enforcement of their own narcotics laws.”

6. Between Mar. 27, 1979 and July 23, 1991, five US states enacted laws that legalized medical marijuana with a physician’s prescription, however, those laws are considered symbolic because federal law prohibits physicians from “prescribing” marijuana, a schedule I drug.

   The five states were Virginia  (25 KB) (Mar. 27, 1979), New Hampshire (Apr. 23, 1981), Connecticut (July 1, 1981), Wisconsin (Apr. 20, 1988), and Louisiana (July 23, 1991).

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.

Information provided by the state on sources for medical marijuana:
None foundAccepts 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

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.

Amended: Senate Bill 1443  (20 KB)
Effective: Signed by Governor Jan Brewer on May 7, 2013
“Specifies the prohibition to possess or use marijuana on a postsecondary educational institution campus does not apply to medical research projects involving marijuana that are conducted on the campus, as authorized by applicable federal approvals and on approval of the applicable university institutional review board.”

[Editor’s Note: On Apr. 11, 2012, the Arizona Department of Health Services (ADHS) announced the revised rules  (1.1 MB) for regulating medical marijuana and set the application dates for May 14 through May 25.

On Nov. 15, 2012, the first dispensary was awarded “approval to operate.” ADHS Director Will Humble stated on his blog that, “[W]e’ll be declining new ‘requests to cultivate’ among new cardholders in most of the metro area… because self-grow (12 plants) is only allowed when the patient lives more than 25 miles from the nearest dispensary. The vast majority of the Valley is within 25 miles of this new dispensary.”

On Dec. 6, 2012, the state’s first dispensary, Arizona Organix, opened in Glendale.]

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

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.

CA Medical Marijuana ProgramGuidelines 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

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.”

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:
$35

Accepts other states’ registry ID cards?
No

Registration:
Mandatory

Patients must be Connecticut residents at least 18 years of age. “Prison inmates, or others under the supervision of the Department of Corrections, would not qualify, regardless of their medical condition.”

Approved Conditions: “Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome [HIV/AIDS], Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn’s disease, posttraumatic stress disorder, or… any medical condition, medical treatment or disease approved by the Department of Consumer Protection…”

Possession/Cultivation: Qualifying patients may possess “an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection.”

The Connecticut Medical Marijuana Program website posted an update on Sep. 23, 2012 with instructions on how to register for the program starting on Oct. 1, 2012. “Patients who are currently receiving medical treatment for a debilitating medical conditions set out in the law may qualify for a temporary registration certificate beginning October 1, 2012. To qualify, a patient must also be at least 18 years of age and a Connecticut resident.”

Draft Regulations on Medical Marijuana  (482 KB) were posted on Jan. 16, 2013.

The DCP will “issue temporary patient registration certificates starting on October 1, 2012.”

CT Medical Marijuana ProgramInformation provided by the state on sources for medical marijuana:
“The Commissioner of Consumer Protection shall determine the number of dispensaries appropriate to meet the needs of qualifying patients in this state.”

Patient Registry Fee:
*The Commissioner of Consumer Protection will establish a “reasonable fee.”

Accepts other states’ registry ID cards?
No

Registration:
Mandatory

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.

On Apr. 14, 2011, Mayor Vincent C. Gray announced the adoption of an emergency amendment  (450 KB) to title 22 of the District of Columbia Municipal Regulations (DCMR), which added a new subtitle C entitled “Medical Marijuana.” The emergency amendment “will set forth the process and procedure” for patients, caregivers, physicians, and dispensaries, and “implement the provisions of the Act that must be addressed at the onset to enable the Department to administer the program.” Thefinal rulemaking (800 KB) was posted online on Jan. 3, 2012.

On Feb. 14, 2012, the DC Department of Health’s Health Regulation and Licensing Administration posted a revised timeline for the dispensary application process  (180 KB), which listed June 8, 2012 as the date by which the Department intends to announce dispensary applicants available for registration.

The first dispensary, Capital City Care, was licensed in Apr. 2013.

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:
$100 initial or renewal fee /$25 for low income patients

Accepts other states’ registry ID cards?
No

Registration:
Mandatory

The law does not allow patients or caregivers to grow marijuana at home, but it does allow for the state-regulated, non-profit distribution of medical marijuana by compassion centers.

Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, HIV/AIDS, decompensated cirrhosis, ALS, Alzheimer’s disease, post-traumatic stress disorder; or a medical condition that produces wasting syndrome, severe debilitating pain that has not responded to other treatments for more than three months or for which other treatments produced serious side effects, severe nausea, seizures, or severe and persistent muscle spasms.

Possession/Cultivation: Patients 18 and older with certain debilitating conditions may possess up to six ounces of marijuana with a doctor’s written recommendation. A registered compassion center may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may register with only one compassion center. Home cultivation is not allowed. Senate Bill 17 contains a provision that allows for an affirmative defense for individuals “in possession of no more than six ounces of usable marijuana.”

On Feb. 12, 2012, Gov. Markell released the following statement (presented in its entirety), available on delaware.gov, in response to a letter from US District Attorney Charles Oberly  (2 MB):

“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe.”

On Aug. 15, 2013, Gov. Markell announced in a letter to Delaware lawmakers  (175 KB) his intention to relaunch the state’s medical marijuana program, despite his previous decision to stop implementation. Markell wrote that the Department of Health and Social Services “will proceed to issue a request for proposal for a pilot compassion center to open in Delaware next year.”

DE Medical Marijuana ProgramInformation provided by the state on sources for medical marijuana:
The Delaware Medical Marijuana Program website states (as of Aug. 5, 2013), “The creation of the state-licensed, privately owned compassion centers has been suspended by the state. Based on guidance from the US Attorney, the compassion centers concept conflicts with federal law. As a result there is no plan to open compassion centers at this time.” On Aug. 15, 2013, Gov. Markell announced that he will seek approval to open one compassion center in 2014.

Patient Registry Fee:
$125 (a sliding scale fee is available based on income)

Accepts other states’ registry ID cards?
^5: Yes (a visiting qualifying patient is not subject to arrest if a visitor ID card is obtained)

Registration:
Mandatory

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.

Amended: HB 668  (240 KB)
Effective: June 25, 2013

Establishes a medical marijuana registry special fund to pay for the program and transfers the medical marijuana program from the Department of Public Safety to the Department of Public Health by no later than Jan. 1, 2015.

Amended: SB 642  (95 KB)
Effective: Jan. 2, 2015

Redefines “adequate supply” as seven marijuana plants, whether immature or mature, and four ounces of usable marijuana at any given time; stipulates that physician recommendations will have to be made by the qualifying patient’s primary care physician.

Patient Registry Fee:
$25

Accepts other states’ registry ID cards?
No

Registration:
Mandatory

Approved Conditions: Cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, ALS, muscular dystrophy, Crohn’s disease, agitation of Alzheimer’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or “one or more injuries that significantly interferes with daily activities as documented by the patient’s provider; and a severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy induced anorexia, wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms.”

Possession/Cultivation: “Adequate supply” is defined as “2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source.” The law does not allow patients or caregivers to cultivate cannabis.

Governor Pat Quinn’s Aug. 1, 2013 signing statement  (25 KB) explains key points of the law and notes that it is a four-year pilot program.

Patient Registry Fee:
To be determined during the rulemaking process

Accepts other states’ registry ID cards?
NoRegistration:
Mandatory

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.”]

Amended: LD 1062  (25 KB)
Effective: Enacted without the governor’s signature on June 26, 2013

Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.

Accepts other states’ registry ID cards?
Yes
^6: “Law enforcement will accept appropriate authorization from a participating state, but that patient cannot purchase marijuana in Maine without registering here. That requires a Maine physician and a Maine driver license or other picture ID issued by the state of Maine. The letter from a physician in another state is only good for 30 days.”(Aug. 19, 2010 email from Maine’s Division of Licensing and Regulatory Services)

Registration:
Voluntary
“In addition to either a registry ID card or a physician certification form, all patients, including both non-registered and voluntarily registered patients, must also present their Maine driver license or other Maine-issued photo identification card to law enforcement, upon request.” (“Program Bulletin,” Maine.gov, Sep. 28, 2011)

In the first year after the effective date, the Department shall issue registrations for up to thirty-five non-profit medical marijuana treatment centers, provided that at least one treatment center shall be located in each county, and not more than five shall be located in any one county.”

Approved diagnosis: “Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient’s physician.”

Possession/Cultivation: Patients may possess “no more marijuana than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a sixty-day supply…

Within 120 days of the effective date of this law, the department shall issue regulations defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients, based on the best available evidence.”

“The Department shall issue a cultivation registration to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient’s residence. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the patient or the patient’s personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked facility.

The department shall issue regulations consistent with this section within 120 days of the effective date of this law. Until the department issues such final regulations, the written recommendation of a qualifying patient’s physician shall constitute a limited cultivation registration.”

Patient Registry Fee:
^7:To be determined by DPH within 120 days of the effective date of Jan. 1, 2013.

Accepts other states’ registry ID cards?
Unknown

Registration:
Mandatory
“Until the approval of final regulations, written certification by a physician shall constitute a registration card for a qualifying patient.”

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.

Amended: HB 4856  (40 KB)
Effective: Dec. 31, 2012

Makes it illegal to “transport or possess” usable marijuana by car unless the marijuana is “enclosed in a case that is carried in the trunk of the vehicle.” Violation of the law is a misdemeanor “punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

Amended: HB 4834  (40 KB)
Effective: Apr. 1, 2013

Requires proof of Michigan residency when applying for a registry ID card (driver license, official state ID, or valid voter registration) and makes cards valid for two years instead of one.

Amended: HB 4851  (40 KB)
Effective: Apr. 1, 2013

Requires a “bona fide physician-patient relationship,” defined in part as one in which the physician “has created and maintained records of the patient’s condition in accord with medically accepted standards” and “will provide follow-up care;” protects patient from arrest only with registry identification card and valid photo ID.

Amended: State of Michigan vs. McQueen  (90 KB)
Decided: Feb. 8, 2013

The Michigan Supreme Court ruled 4-1 that dispensaries are illegal. As a result, medical marijuana patients in Michigan will have to grow their own marijuana or get it from a designated caregiver who is limited to five patients.

MI Medical Marihuana ProgramInformation 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. 7, 2013)

Patient Registry Fee:
$100 new or renewal application / $25 Medicaid patients

Accepts other states’ registry ID cards?
Yes

Registration:
Mandatory

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.

Amended: SB 423  (100 KB) — Passed on Apr. 28, 2011 and transmitted to the Governor on May 3, 2011
Effective: July 1, 2011

SB 423 changes the application process to require a Montana driver’s license or state issued ID card. A second physician is required to confirm a chronic pain diagnosis.

“A provider or marijuana-infused products provider may assist a maximum of three registered cardholders…” and “may not accept anything of value, including monetary remuneration, for any services or products provided to a registered cardholder.”

Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status; Cachexia or wasting syndrome; Severe, chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician; Intractable nausea or vomiting; Epilepsy or intractable seizure disorder; Multiple sclerosis; Chron’s Disease; Painful peripheral neuropathy; A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; Admittance into hospice care.

Possession/Cultivation: Amended to 12 seedlings (less than 12″), four mature flowering plants, and one ounce of usable marijuana.

On Nov. 6, 2012, Montana voters approved initiative referendum No. 124 by a vote of 56.5% to 43.5%, upholding SB 423.

Medical Marijuana Program FAQs  (35 KB)

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?
No (reciprocity ended when SB 423 took effect)

Registration:
Mandatory

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.

Amended: Senate Bill 374  (280 KB)
Signed into law by Gov. Brian Sandoval on June 12, 2013

“Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana…

From April 1, 2014, through March 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency. On and after April 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions.” Patients who were growing before July 1, 2013 are allowed to continue home cultivation until March 31, 2016.

Patient Registry Fee:
$50 application fee, plus $150 for the card (new or renewal), plus $15-42 in additional related costs
^8: SB 374 requires the fee to be reduced at least by half before Apr. 1, 2014

Accepts other states’ registry ID cards?
^9: Yes, starting Apr. 1, 2014 with an affidavit

Registration:
Mandatory

HB 573 also calls for the creation of a Therapeutic Use of Cannabis Advisory Council, which in five years will be required to “issue a formal opinion on whether the program should be continued or repealed.”

A valid ID card from another medical marijuana state will be recognized as allowing the visiting patient to possess cannabis for therapeutic purposes, but the “visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from alternative treatment centers…”

Approved Conditions: Cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, ALS, muscular dystrophy, Crohn’s disease, agitation of Alzheimer’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or “one or more injuries that significantly interferes with daily activities as documented by the patient’s provider; and a severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy induced anorexia, wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms.”

Possession/Cultivation: “A qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period.” A patient may possess two ounces of usable cannabis and any amount of unusable cannabis.

Patient Registry Fee:
To be determined during the rulemaking process

Accepts other states’ registry ID cards?
Yes

Registration:
Mandatory

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, DHSS 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.”

On Aug. 9, 2012, the New Jersey Medical Marijuana Program opened the patient registration system on its website. Patients must have a physician’s recommendation, a government-issued ID, and proof of New Jersey residency to register. The first dispensary is expected to be licensed to open in September.

On Oct. 16, 2012, the Department of Health issued the first dispensary permit  (24 KB) to Greenleaf Compassion Center, allowing it to operate as an Alternative Treatment Center and dispense marijuana. The center opened on Dec. 6, 2012, becoming New Jersey’s first dispensary.

Five other treatment centers are “in various stages of finalizing locations or background examinations of the principals of their organizations.”

Amended: SB 2842  (40 KB)
Signed into law by Gov. Chris Christie on Sep. 10, 2013 following legislative adoption of his conditional veto  (10 KB)

Allows edible forms of marijuana only for qualifying minors, who must receive approval from a pediatrician and a psychiatrist.

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.

Medical marijuana is not covered by Medicaid.

Patient Registry Fee:
$200 (valid for two years). Reduced fee of $20 for patients qualifying for state or federal assistance programs

Accepts other states’ registry ID cards?
No (“[T]o be eligible for the New Jersey Medicinal Marijuana program you must… hold a valid patient identification card issued by the New Jersey Medicinal Marijuana Program.”)

Registration:
Mandatory

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.

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

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.”

Amended: SB 281  (25 KB)
Signed by Gov. John Kitzhaber on June 6, 2013

Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.

Amended: HB 3460  (50 KB)
Signed by Gov. John Kitzhaber on Aug. 14, 2013

Creates a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.

[Editor’s Note: On Nov. 2, 2010, 55.79% of Oregon Voters rejected Measure 74 (100 KB), which would have allowed for the creation of state-regulated dispensaries.]

Patient Registry Fee:
^10:$200 for new applications and renewals; $100 for application and annual renewal fee for persons receiving SNAP (food stamp) and for Oregon Health Plan cardholders; $20 for persons receiving SSI benefits

An additional $50 grow site registration fee is charged if the patient is not his or her own grower.

Accepts other states’ registry ID cards?

No

Registration:
Mandatory

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 67-0Effective June 16, 2009: Allows the creation of compassion centers, which may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers.

The first dispensary, the Thomas C. Slater Compassion Center, opened on Apr. 19, 2013.

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

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.

Amended: Senate Bill 17  (100 KB) “An Act Relating To Registering Four Nonprofit Organizations To Dispense Marijuana For Symptom Relief”
Signed by Gov. Peter Shumlin on June 2, 2011

The bill “establishes a framework for registering up to four nonprofit marijuana dispensaries in the state… A dispensary will be permitted to cultivate and possess at any one time up to 28 mature marijuana plants, 98 immature marijuana plants, and 28 ounces of usable marijuana.”

On Sep. 12, 2012, the State of Vermont Department of Public Safety announced conditional approval  (65 KB) of two medical marijuana dispensaries. In June 2013, two dispensaries opened in Vermont.

Patient Registry Fee:
$50

Accepts other states’ registry ID cards?
No

Registration:
Mandatory

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.”]

Amended: SB 5073  (375 KB)
Effective: July 22, 2011
Gov. Christine Gregoire signed sections of the bill and partially vetoed others, as explained in the Apr. 29, 2011 veto notice.  (50 KB) Gov. Gregoire struck down sections related to creating state-licensed medical marijuana dispensaries and a voluntary patient registry.

[Editor’s Note: On Nov. 6, 2012, Washington voters passed Initiative 502, which allows the state to “license and regulate marijuana production, distribution, and possession for persons over 21 and tax marijuana sales.” The website for Washington’s medical marijuana program states that the intiative “does not amend or repeal the medical marijuana laws (chapter 69.51A RCW) in any way. The laws relating to authorization of medical marijuana by healthcare providers are still valid and enforceable.”]

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