Time Magazine Examines Drug Decrim in Portugal

The report I wrote for, and last month presented at, the Cato Institute on the success of full-scale drug decriminalization in Portugal spawned a fair amount of media discussion — in places such as Scientific American, The Wall St. Journal, The Vancouver Sun and many others — but now, rather amazingly, Time Magazine has published a new article, by Maia Szalavitz, that substantively and impressively examines the report and its implications.
URL: http://cato.org/event.php?eventid=5887

Though the headline — “The Portuguese Experiment: Did Legalizing Drugs Work?” — is inaccurate (Portugal decriminalized, not legalized, drugs), the article itself (which Time is promoting with a fair amount of prominence) provides an excellent discussion of the unambiguous success of drug decriminalization and the impact which those findings ought to have on our own drug policy debates:

URL: http://www.time.com/time/health/article/0,8599,1893946,00.html

The paper, published by Cato in April, found that in the five years after personal possession was decriminalized, illegal drug use among teens in Portugal declined and rates of new HIV infections caused by sharing of dirty needles dropped, while the number of people seeking treatment for drug addiction more than doubled.

“Judging by every metric, decriminalization in Portugal has been a resounding success,” says Glenn Greenwald, an attorney, author and fluent Portuguese speaker, who conducted the research. “It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does.”

Compared to the European Union and the U.S., Portugal’s drug use numbers are impressive. Following decriminalization, Portugal had the lowest rate of lifetime marijuana use in people over 15 in the E.U.: 10%. The most comparable figure in America is in people over 12: 39.8%. Proportionally, more Americans have used cocaine than Portuguese have used marijuana.

The Cato paper reports that between 2001 and 2006 in Portugal, rates of lifetime use of any illegal drug among seventh through ninth graders fell from 14.1% to 10.6%; drug use in older teens also declined. Lifetime heroin use among 16-to-18-year-olds fell from 2.5% to 1.8% (although there was a slight increase in marijuana use in that age group). New HIV infections in drug users fell by 17% between 1999 and 2003, and deaths related to heroin and similar drugs were cut by more than half. In addition, the number of people on methadone and buprenorphine treatment for drug addiction rose to 14,877 from 6,040, after decriminalization, and money saved on enforcement allowed for increased funding of drug-free treatment as well.

Portugal’s case study is of some interest to lawmakers in the U.S., confronted now with the violent overflow of escalating drug gang wars in Mexico. The U.S. has long championed a hard-line drug policy, supporting only international agreements that enforce drug prohibition and imposing on its citizens some of the world’s harshest penalties for drug possession and sales. Yet America has the highest rates of cocaine and marijuana use in the world, and while most of the E.U. (including Holland) has more liberal drug laws than the U.S., it also has less drug use.

Those are just facts. After citing numerous recent events that indicate that a re-examination of our own drug policies is more possible than ever before (including the move in many states to legalize marijuana and the recent criminal justice reform bill introduced by Sen. Jim Webb), the Time article emphasizes the primary impact that the Portugal report ought to have:

At the Cato Institute in early April, Greenwald contended that a major problem with most American drug policy debate is that it’s based on “speculation and fear mongering,” rather than empirical evidence on the effects of more lenient drug policies. In Portugal, the effect was to neutralize what had become the country’s number one public health problem, he says.

“The impact in the life of families and our society is much lower than it was before decriminalization,” says Joao Castel-Branco Goulao, Portugal’s “drug czar” and president of the Institute on Drugs and Drug Addiction, adding that police are now able to re-focus on tracking much higher level dealers and larger quantities of drugs. . . .

The Cato report’s author, Greenwald, hews to the first point: that the data shows that decriminalization does not result in increased drug use. Since that is what concerns the public and policymakers most about decriminalization, he says, “that is the central concession that will transform the debate.”

Few political orthodoxies have more of a destructive impact than our approach to drug policy. Harsh criminalization schemes result in the imprisonment of hundreds of thousands of American citizens, breaks up families, burns tens of billions of dollars every year, erodes civil liberties, turns our police forces into para-military units, and spawns massive levels of violence and criminality — all while exacerbating the very harms it seeks to address. If a measured, substantive debate over America’s extremist drug policies can take place in Time Magazine, then it can take place anywhere.

Source: Salon (US Web)
Author: Glenn Greenwald
Website: http://www.salon.com/
Contact: readermail@salon.com

Charles Lynch Sentencing Postponed In Medical Marijuana Case

Sentencing delayed in medical marijuana case

Ken Hively / Los Angeles Times

Charles Lynch speaks with supporters outside federal court in Los Angeles on Thursday. The judge heard from several character witnesses, including one of Lynch’s patients and the patient’s father.

A federal judge says he’s inclined to impose less than the required five years on Charles Lynch, who ran a Morro Bay dispensary. Lawyers are given time to file briefs before a June hearing.

By Scott Glover
April 24, 2009

The sentencing of a man who has become a key figure in the national debate over medical marijuana was postponed Thursday, with a federal judge saying he was inclined to impose a more lenient sentence than the five years required by federal sentencing guidelines, but questioning whether he had the authority to do so.

“If I could find a way out, I would,” U.S. District Judge George H. Wu said. He gave lawyers in the case until June 2 to file briefs regarding the impending sentence of Charles Lynch.

Lynch, 47, ran a medical marijuana dispensary in Morro Bay on the Central Coast in 2006 and 2007. Despite having the blessing of the city’s mayor and other public officials, he was charged with violating federal drug laws for distributing marijuana and was convicted by a federal court jury in Los Angeles last year.

At the hearing Thursday, Wu heard from several character witnesses, including one of Lynch’s patients and the young man’s father.

“I stand before you today because I believe a man is being punished for reasons that don’t make much sense,” said Owen Beck, whose parents took him to Lynch’s Central Coast Compassionate Caregivers when he was battling bone cancer at age 17. “I believe a great injustice is being done.”

Beck’s father, Steven, told Wu that the chemotherapy his son was undergoing was having devastating side effects.

“He could not eat. He could not sleep. His personality became dark and angry,” the elder Beck said. He told the judge they decided to try medical marijuana on the advice of their son’s Stanford University oncologist. He said Lynch usually gave them marijuana for free or at deeply discounted rates.

“I never felt as though Charlie was there for the money,” Beck said.

Such testimony was not allowed at Lynch’s trial because the Supreme Court has ruled that a claim of medical necessity is not a valid defense.

Janice Peters, the mayor of Morro Bay, described Lynch as a “polite, compassionate” man who did everything the city asked of him with respect to his business.

Rob Schultz, the town’s city attorney said he received only one complaint about Lynch the whole time he was in business “and that had to do with the quality of the medical marijuana.”

The comment drew loud laughter from Lynch’s supporters, who packed the courtroom, many of them wearing green ribbons with the word “compassion” printed on them.

Cultivating, using and selling doctor-recommended medical marijuana is allowed under some circumstances in California and a dozen other states, but federal law bans the drug altogether.

Though Lynch was not charged with violating state law, prosecutors contend that he broke the law because he was not truly a “primary caregiver” entitled to dispense marijuana to patients and that he profited from the operation of his business.

Much of the discussion Thursday dealt with whether Wu was required to sentence Lynch to a mandatory minimum of five years or whether the defendant was entitled to a lesser sentence under a so-called safety valve.

The next hearing in the case, which the judge said would be the last, is scheduled for June 11.

scott.glover@latimes.com

Which State Will Be The Next To Legalize Medicinal Cannabis?

April 22nd, 2009 By: Paul Armentano, NORML Deputy Director

A number of state legislatures are actively vying to join Alaska,California, Colorado, Hawaii,Maine, Michigan, Montana,Nevada, New Mexico, Oregon,Rhode Island, Vermont, andWashington to become the fourteenth state to legalize the physician-supervised use of medicinal marijuana.

Here’s how you can help make these efforts a reality.

Illinois: This week the Marijuana Policy Project began running targeted ads in support of House Bill 2514 andSenate Bill 1381, the Compassionate Use of Medical Cannabis Pilot Program Acts.Both bills have already passed various legislative committees and are expected to receive floor votes imminently. If you live in Illinois and have not yet contacted your House and Senate members in support of these measures, please do so now by going here.

Minnesota: A pair of bills (SF 97 and HF 292) seeking to allow for the use and distribution of medicinal cannabis have cleared committee and are expected to be voted on shortly by members of the full House and Senate. One potential hurdle: Governor Tim Pawlenty, who has voiced opposition to the measures. Tell the Governor that “it is unconscionable to deny this effective medicine to sick and dying patients” by going here.

New Hampshire: Members of the Senate Health and Human Services Committee are expected to take action on HB 648later this week. The bill will then go before the full Senate. (The House previously passed the measure in March.) Last week the state’s largest newspaper endorsed medical marijuana. Make sure that your senator and the Governor do too. Contact information for the New Hampshire state senate and Gov. John Lynch is available here.

New Jersey: In February, members of the state Senateapproved the New Jersey Compassionate Use Medical Marijuana Act by a vote of 22 to 16. Yet months later, leadership in the Assembly has still not taken any action on this measure, which has received the support of theGovernor and the Attorney General. Please contact your member of the Assembly here, and urge him or her demand that their colleagues hold hearings on medical marijuana.

New York: Lawmakers in the state Senate and Assembly introduced legislation this week to legalize the state-sanctioned use and distribution of medicinal marijuana. The bills’ sponsors are confident that they have the necessary votes to pass medical marijuana law reform in both chambers. Further, according to news reports, Gov. Patterson is also privately supportive of medical marijuana law reform. If you reside in New York, please consider assisting this campaign by going here and by contacting your elected officials here.

Vermont Hemp Resolution Passes Senate

Please Thank The Senators Who Cosponsored JRS 26

Montpelier, VT — April 21, 2009

[Note: If you do not live in Vermont, you received this email alert because you have no state listed in your profile. Please click the "Update Profile/Email Address" link in the footer below and update your information so our emails will be more relevant to you. Please uncheck the "No State" box and choose your U.S. state, or country if you are not in the U.S.]

The Senate has passed Senator Maynard's Joint Resolution on Hemp! It has now gone over to the House and is in the Agriculture Committee. The resolution, JRS 26, can be found on the Vote Hemp Vermont State page. Once the resolution passes in both the House and the Senate, it will be sent on to the decision makers in Washington, DC.

If you haven't done so yet, please write a thank you note to the Senators who cosponsored the resolution! Please send a hand-written note to the Senators (their email is really clogged up with the "big" issues this year). This is a great chance to use the Rural Vermont notecards (please click here to order some).

You can see who the cosponsors of the resolution are here and if you don't know who your Senator is you can find that information here. If your senator did not cosponsor the resolution, please send your thank you note to Senator Maynard.

You can send your card or note to (fill in the blank with the Senator's last name):

Senator __________
Vermont Statehouse
115 State Street
Montpelier, VT 05633.

Thanks you for taking the time to write!

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More information on the hemp issue in general and the history of hemp legislation in the state can be found on the Rural Vermont Hemp page and on the Vote Hemp Vermont State page.

Please stay informed on agricultural policy and related legislation in Vermont. Join Rural Vermont's Farm Policy Network and receive regular email updates.

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About Vote Hemp

Vote Hemp is a national, single-issue, non-profit organization dedicated to the acceptance of and a free market for low-THC industrial hemp and to changes in current law to allow U.S. farmers to once again grow the crop.

Web Site: http://www.votehemp.com

Support Vote Hemp

Vote Hemp depends on donations from people like you to support our work. Please consider making a donation to Vote Hemp today.

Contribute Now: http://www.votehemp.com/contribute.php

Vote Hemp, Inc. Tom Murphy National Outreach Coordinator email: tom@votehemp.com phone: 207-542-4998 From VoteHemp.com

Friday Thoughts on Upcoming 420 Celebrations

Friday, April 17, 2009

Just a Couple of Friday Hemp Factoids

The Cannabis Community is all abuzz as we approach April 20th (4/20) and the various and assorted planned activities around that day. Myself...I am leery as I watch the American News media beating a rather ugly sounding anti Marijuana Drum since Barack Obama took office...I see it as a "Custer's Last Stand" on the part of the DEA who does not want to lose what has been a very profitable enforcement run for them...as example, legalization of Medical Marijuana would see enforcement issues and inspection handed over to the FDA, and Industrialized Hemp oversight would probably go to the USDA. The just say no message is being tweaked and amped up, and we have some heavy hitters (Hillary Clinton, Janet Napolitano, Eric Holder) in the Obama administration blaming the Mexican Drug War on American Pot Smokers.

Some Factoids (Hemptoids)

1. At least 2/3's of American Marijuana Consumption (both legal and illegal) is grown right here in America, and we could easily grow 100 percent of our consumption if Cannabis and Hemp were legalized.

2. The Drug Cartel's and their war is not really about Marijuana, but instead is about Heroin and Cocaine and the routes needed to get their products into America.

On 420, have fun, CELEBRATE OUR DAY, but I would ask each and every one of my fellow Budsters out there in 420 land to remember the goal of Legalization, and consider signing up to do some volunteer work for the cause. We need state and city bloggers ourselves. ASA (Americans for Safe Access) and NORML probably have lots of volunteer work waiting for a set of hands that wants to pitch in.

We cannot realize our dream without every Cannabis Friendly American doing their part for the cause, and while we are on the subject, lets not forget that our friends in Canada are dealing with many of the same issues and harrassments we ourselves face.

Tags: 420, cannabis, dea, friendly, hemp, legalization, marijuana, medical, obama,

Hemptoids-small, sometimes rarely known facts about Hemp and Cannabis.

How to Find the Best Medical Marijuana Doctors

From the Medical Marijuana Blog

Medical marijuana has been through a long road of controversy, and the field and study still have a long way to go. Currently about a fourth of US states allow patients to take medical marijuana legally for various medical conditions. The scientific evidence keeps piling up in favor of medicinal cannabis, and many patients are seeing vast improvement in their symptoms with this treatment.

Studies have shown that medical marijuana can aid in reducing symptoms of terminal illnesses such as AIDS and cancer, by helping pain and nausea from treatment and also increasing appetite. Some doctors and researchers also believe that cannabidol can help anxiety, glaucoma, depression, arthritis, convulsion and inflammation. Each new study that comes out finds new possible ways medicinal cannabis can help those who need it.

If you would like to be evaluated by a doctor to see if medical marijuana would help you, ask your current doctor for an evaluation. If you have a condition where this medicine has been used as a treatment, your doctor may give you a recommendation to try medical cannabis.

In the states that have laws deeming this practice legal, there may also be medical marijuana doctors who have a specialty in seeing patients interested in obtaining treatment. Many argue that these doctors are the best ones to go to, if this treatment is what you seek. When researching doctors, look for those that are medical cannabis specialists though before you go see one, you should already have a diagnosis and medical records from your regular doctor.

To find the best medical marijuana doctor in your area, look to a trusted source for recommendations. The WeedMaps.com website has a list of trustworthy cannabis doctors in California. The Marijuana Medicine Evaluation Center also has a list of doctors at their seven Southern California locations.

If you do not have a Marijuana Medicine Evaluation Center clinic in your area, specialty wellness clinics may also have medical cannabis specialists at their offices. Look for the words holistic, wellness, or natural care in the office name. These types of clinics often participate in non-traditional treatments for their patients and may be able to help you with a consultation.

The patient card is becoming the favored form of identification for medical marijuana patients, as it is much smaller and easier to carry around than the recommendation letter. This more discreet form of ID can be shown at medicinal clinics to obtain medicine and has all the information necessary on it, including your photo and an expiration date.

To obtain a patient card from somewhere other than a clinic, you can go through the state. You will need to fill out an application in most cases and pay a fee check with your local county office to see what kind of identification is needed to fill out the application and obtain the medical marijuana card. Usually you will want to contact the local Public Health office in your county.

As more scientific studies keep being published, we will most likely see more and more doctors recommending the use of medical cannabis to reduce symptoms of many painful diseases. The controversy of medical marijuana as a treatment will decrease with time, as it often does with new treatments.

Using the internet to find a medical marijuana doctor is still the most common way. Directory listings may not give much information, but seeing which doctors trusted cannabis foundations like the Marijuana Medicine Evaluation Center recommend can narrow the list down. Call to make your consultation appointment, and you can be on your way to receiving treatment.

Please let us know your thoughts on having a specialist medical marijuana doctor, treat your medical conditions.

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