Medical Marijuana Laws By State

13 Legal Medical Marijuana States

Laws, Fees, and Possession Limits

I. Thirteen states have enacted laws that legalized medical marijuana:

State Year Passed Fee Possession Limit 1. Alaska 1998 $25/$20 1 oz usable; 6 plants (3 mature, 3 immature) 2. California 1996 $66/$33 8 oz usable; 18 plants (6 mature, 12 immature) 3. Colorado 2000 $90 2 oz usable; 6 plants (3 mature, 3 immature) 4. Hawaii 2000 $25 3 oz usable; 7 plants (3 mature, 4 immature) 5. Maine 1999 * 1.25 oz usable; 6 plants (3 mature, 3 immature) 6. Michigan 2008 $100/$25 2.5 oz usable; 12 plants 7. Montana 2004 $50 1 oz usable; 6 plants 8. Nevada 2000 $150 + 1 oz usable; 7 plants (3 mature, 4 immature) 9. New Mexico 2007 $0 6 oz usable; 7 plants (4 mature, 3 immature) 10. Oregon 1998 $150/$50 24 oz usable; 24 plants (6 mature, 18 immature) 11. Rhode Island 2006 $75/$10 2.5 oz usable; 12 plants 12. Vermont 2004 $50 2 oz usable; 9 plants (2 mature, 7 immature) 13. Washington 1998 ** 24 oz usable; 15 plants

II. Two states have passed laws that, although favorable towards medical marijuana,  did not legalize its use:

State Year Passed Provision 1. Arizona 1996 Allows physicians to prescribe marijuana (federal law prohibits physicians from prescribing Schedule I drugs) 2. Maryland 2003 Allows medical use defense in court

 

I. State Laws That Legalized Medical Marijuana Use

State	Program Details	Contact Info
1. Alaska	Ballot Measure 8 -- Approved Nov. 3, 1998 by 58% of voters Effective: Mar. 4, 1999 Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana." Approved Conditions: 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 (PDF 36KB) Creates a confidential statewide registry of medical marijuana patients and caregivers and establishes identification card.	Application information for the Alaska medical marijuana registry is available by mail, phone, email, and online: 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 Fee: $25 new application/$20 renewal
2.California	Ballot Proposition 215 -- Approved Nov. 5, 1996 by 56% of voters Effective: Nov. 6, 1996 Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms. Amended: Senate Bill 420 (PDF 70KB) 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."  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.	Application information for the California Medical Marijuana Program is available by mail, email, and online: 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 mmpinfo@dhs.ca.gov CA Medical Marijuana Program Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use  (PDF 55 KB) Fee: $66.00 non Medi-Cal/$33.00 Medi-Cal, plus additional county fees (varies by location)
3. 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. Not Amended	Application information for the Colorado medical marijuana registry is available by mail, phone, email, and online: 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 Fee: $90
4. Hawaii	Senate Bill 862 -- Signed into law by Gov. Ben Cayetano on June 14, 2000 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	Application information for the Hawaii medical marijuana registry is available by mail, phone, fax, and online: 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 Fee: $25
5. 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.	*No state registration program has been established
6. Michigan	Proposal 1 (PDF 60KB) "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.	Application information for the Michigan Medical Marihuana Program is available by mail, phone, email, and online:  Michigan Medical Marihuana Program Bureau of Health Professions, Department of Community Health 611 W. Ottawa St. Lansing, MI 48933 Phone: 517-373-6873 bhpinfo@michigan.gov MI Medical Marihuana Program Fee: $100 new or renewal application/$25 Medicaidpatients
7. Montana	Initiative 148 (PDF 76KB) -- 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	Application information for the Montana Medical Marijuana Program is available by mail, phone, email, and online: 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 medical.marijuana@state.co.us MT Medical Marijuana Program Fee: $50
8. 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 (PDF 25KB) Effective: Oct. 1, 2001 Created a state registry for patients prescribed the drug by a licensed physician and the Department of Motor Vehicles would issue identification cards. No state money will be used for the program, which will be funded entirely by donations.	Application information for the Nevada medical marijuana registry is available by mail, phone, and online: Nevada Department of Agriculture 350 Capitol Hill Reno, NV 89502 Phone: 775-688-1180, ext 271  NV Medical Marijuana Program Fee: $150, plus $15-42 in additional related costs
9. New Mexico	Senate Bill 523 (PDF 71KB) "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: Under current state law, the only qualifying conditions for the medical cannabis program are cancer, glaucoma, multiple sclerosis, epilepsy, spinal cord damage with intractable spasticity, HIV/AIDS. Also, any patient in hospice care could qualify. Possession/Cultivation: Patients have the right to possess up to six ounces of usable cannabis, four mature plants and three 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.	Application information for the New Mexico Medical Cannabis Program is available by mail, phone, email, and online: New Mexico Department of Health 1190 St. Francis Drive P.O. Box 26110 Santa Fe, NM 87502-6110 Phone: 505-827-2321 melissa.milam@state.nm.us. NM Medical Cannabis Program
10. Oregon	Ballot Measure 67 -- Approved by 55% of voters on Nov. 3, 1998 Effective: Dec. 3, 1998 Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms. Approved Conditions: Cancer, glaucoma, 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)  (PDF 52KB) Amended: Senate Bill 1085 (PDF 52KB)  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."	Application information for the Oregon medical marijuana registry is available by mail, phone, fax, and online: 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 Fee: $150 for new applications/$100 for renewals/$50 for applicants enrolled in the Oregon Health Plan or who receive federal Supplementary Social Security Income
11. Rhode Island	Senate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate. Timeline: June 24, 2005: passed the House 52 to 10 June 28, 2005: passed the State Senate 33 to 1 June 29, 2005: Gov. Carcieri vetoed the bill June 30, 2005: Senate overrode the veto 28-6 Jan. 3, 2006: House overrode the veto 59-13 to pass theEdward O. Hawkins and Thomas C. Slater Medical Marijuana Act (PDF 48KB)(Public Laws 05-442 and 05-443) June 21, 2007: Amended by Senate Bill 791 (SB 791)(PDF 30KB) 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.	Application information for the Rhode Island Medical Marijuana Program is available by mail, phone, and online: 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 Fee: $75/$10 for applicants on Medicaid or Supplemental Security Income (SSI)
12.Vermont	Senate Bill 76 (PDF 45KB) -- Approved 22-7; House Bill 645(PDF 41KB) -- Approved 82-59  "Act Relating to Marijuana Use by Persons with Severe Illness" (Sec. 1. 18 V.S.A. chapter 86 (PDF 41KB)passed by the General Assembly) Gov. James Douglas (R), allowed the act to pass into law unsigned on May 26, 2004 Effective: July 1, 2004 Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, 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.	Application information for the Vermont Marijuana Registry Program is available by mail, phone, and online: Marijuana Registry Department of Public Safety 103 South Main Street Waterbury, Vermont 05671 Phone: 802-241-5115 VT Marijuana Registry Program Fee: $50
13.Washington	Chapter 69.51A RCW (PDF 34KB) Ballot Initiative -- 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 (PDF 29KB)  Effective: 2007 (rules being defined by Legislature with a July 1, 2008 due date)  Amended:Final Rule (PDF 123KB) based on Significant Analysis (PDF 370KB) 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.	Information on Washignton's medical marijuana law is available by mail, fax, and online: Department of Health PO Box 47866 Olympia, WA 98504-7866 Fax: 360-236-4768 **No state registration program has been established   MedicalMarijuana@doh.wa.gov WA Medical Marijuana website

 

II. Other State Medical Marijuana Laws

State	Program Details	Contact Info
1. Arizona	Ballot Proposition 200 -- Approved by 65% of voters on Nov. 5, 1996 Effective: Dec. 6, 1996 [Not Active] Measure changed sentencing for drug offenders, requiring those who commit violent crimes to serve full sentences without parole, and diverting non-violent drug offenders into treatment. Prop 200 also permitted doctors to prescribe schedule I controlled substances, including marijuana, to treat a disease or to relieve pain and suffering in seriously ill and terminally ill patients. Under federal law, however, marijuana is considered an illegal drug and physicians are prohibited from writing prescriptions for illegal drugs. The use of the word "prescribe" instead of "recommend" is the reason that Prop 200 is not considered to make medical marijuana legal in Arizona. Not Amended: House Bill 2518, which was signed by the governor on Apr. 21, 1997, sought to repeal Proposition 200’s medical marijuana provision by requiring the Food and Drug Administration (FDA) to first approve marijuana before allowing state physicians to prescribe it. The bill was placed on the Nov. 3, 1998 ballot as a referendum, where voters rejected it by a vote of 57% to 43%.	No state program, no contact info
2.Maryland	Senate Bill 502 (PDF 72KB), The "Darrell Putman" Bill -- Resolution #0756-2003 -- Approved in the state senate by a vote of 29-17. Signed into law by Gov. Robert L. Ehrlich, Jr. on May 22, 2003 Effective: Oct. 1, 2003 The law allows defendents 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 that the court may impose is a fine not exceeding $100. The law, however, does not protect users of medical marijuana from arrest or establish a registry program. Not Amended	No state program, no contact info