Medical Marijuana USA Laws

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  • The U.S. states that have legalized medical marijuana are Alaska, Arizona, California, Colorado, DC, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

    medical-marijuana-states-list

    Alaska

    Patients who possess written documentation from their physician advising that they “might benefit from the medical use of marijuana” do not face any state-level criminal penalties on the use, possession and cultivation of marijuana. The approved conditions for which medical marijuana can be availed are Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, nausea, and any other conditions approved by the Alaska Department of Health and Social Services.

    Arizona

    “Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient’s designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation. When a qualifying patient obtains or renews a registry identification card, the Department will provide a list of all operating dispensaries to the qualifying patient.”

    The approved conditions for which medical marijuana can be availed are 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).

    California

    Patients diagnosed with any debilitating illness (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) where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician” are afforded legal protection under this act.

    Colorado

    The state of Colorado has removed state-level criminal penalties on the use, possession, and cultivation of marijuana by patients (suffering from 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) 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.”

    District of Columbia (DC)

    The approved conditions for which medical marijuana can be availed are 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, and patients undergoing treatments such as chemotherapy and radiotherapy.

    Delaware

    The approved conditions for which medical marijuana can be availed are 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.

    Hawaii

    The approved conditions for which medical marijuana can be availed are 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.

    Maine

    The approved conditions for which medical marijuana can be availed are 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.

    Michigan

    The approved conditions for which medical marijuana can be availed are ebilitating 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.

    Montana

    The approved conditions for which medical marijuana can be availed are 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 Crohn’s disease.

    Nevada

    The approved conditions for which medical marijuana can be availed are 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.

    New Jersey

    The approved conditions for which medical marijuana can be availed are 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, and terminal illness.

    New Mexico

    The approved conditions for which medical marijuana can be availed 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.

    Oregon

    The approved conditions for which medical marijuana can be availed are 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.

    Rhode Island

    The approved conditions for which medical marijuana can be availed are Cancer, glaucoma, positive status for HIV/AIDS, Hepatitis C, 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.

    Vermont

    The approved conditions for which medical marijuana can be availed are 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.

    Washington

    The approved conditions for which medical marijuana can be availed are Cachexia; cancer, HIV or AIDS, epilepsy, glaucoma, intractable pain (defined as pain unrelieved by standard treatment or medications, and multiple sclerosis.

    References:
    1. Alaska Ballot Measure 8 (100 KB), Nov. 3, 1998
    2. Alaska Bureau of Vital Statistics, “Marijuana Registry,” Department of Health and Social Services website (accessed Nov. 24, 2010)
    3. Alaska Senate Bill 94 (40 KB), June 2, 1999
    4. Alaska Statute Title 17 Chapter 37 (36 KB), Nov. 3, 1998
    5. Arizona Ballot Proposition 203 (300 KB), Nov. 2, 2010
    6. Arizona Department of Health Services, “Proposition 203,” www.azdhs.gov (accessed Nov. 24, 2010)
    7. Arizona Department of Health Services, “Frequently Asked Questions” (100 KB), Aug. 11, 2010
    8. Jerry Brown, “Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use” (55 KB), Aug. 2008
    9. California Ballot Proposition 215 (45 KB), Nov. 5, 1996
    10. California Department of Public Health, “Medical Marijuana Program (MMP),” MMP website (accessed Nov. 24, 2010)
    11. California Department of Public Health (CDPH) Office of Public Affairs, Email to ProCon.org, Dec. 7, 2010
    12. California Second District Court of Appeals, People v. Kelly (50 KB), May 22, 2008
    13. California Senate Bill 420 (70 KB), Feb. 20, 2003
    14. California Supreme Court, S164830 (300 KB), Jan. 21, 2010
    15. Donald L. Carcieri, “Governor’s Veto” (60 KB), June 12, 2009
    16. Catherine M. Cobb, Director of Maine’s Division of Licensing and Regulatory Services, Email to ProCon.org, Aug. 19, 2010
    17. Colorado Department of Public Health and Environment, “Colorado Constitution, Article XVIII, Section 14,” Colorado Department of Public Health and Environment website (accessed Jan. 14, 2011)
    18. Colorado Department of Public Health and Environment, “The Colorado Medical Marijuana Registry,” Colorado Department of Public Health and Environment website (accessed Nov. 24, 2010)
    19. Colorado House Bill 1284 (235 KB), June 7, 2010
    20. Colorado Senate Bill 109 (50 KB), June 7, 2010
    21. Delaware Senate Bill 17 (100 KB), May 11, 2011
    22. District of Columbia Amendment Act B-18-622 (80 KB), May 4, 2010
    23. Edward O. Hawkins and Thomas Slater Medical Marijuana Act (80 KB), Jan. 3, 2006 |
    24. Hawaii Department of Public Safety, “Narcotics Enforcement Division,” hawaii.gov (accessed Nov. 24, 2010)
    25. Hawaii Senate Bill 862 (40 KB), June 14, 2000
    26. Dana Iverson, DC Department of Health spokesperson, Phone call with ProCon.org, Jan. 19, 2011
    27. Maine Ballot Question 2, maine.gov, Nov. 2, 1999
    28. Maine Department of Health and Human Services, “Maine Medical Use of Marijuana,” maine.gov (accessed Nov. 24, 2010)
    29. Maryland Senate Bill 502 (72 KB), Mar. 24, 2003
    30. Michigan Department of Community Health, “Michigan Medical Marihuana Program,” michigan.gov (accessed Nov. 24, 2010)
    31. Michigan Proposal 1 (60 KB), Nov. 4, 2008
    32. Montana Department of Public Health & Human Services, “Montana Medical Marijuana Program,” dphhs.mt.gov (accessed Nov. 24, 2010)
    33. Montana Initiative 148 (76 KB), Nov. 2, 2004
    34. Nevada Assembly Bill 453 (25 KB), Oct. 1, 2001
    35. Nevada Legislature, “Ballot Question 9,” leg.state.nv.us (accessed Jan. 14, 2010)
    36. Nevada State Health Division, “Medical Marijuana,” health.nv.gov (accessed Nov. 24, 2010)
    37. New Jersey Department of Health and Senior Services, “Medicinal Marijuana Program,” state.nj.us (accessed Nov. 24, 2010)
    38. New Jersey Department of Health and Senior Services, “Medicinal Marijuana Program Rules” (385 KB)
    39. New Jersey Senate Bill 119 (175 KB), Jan. 11, 2010
    40. New Jersey Senate Concurrent Resolution (SCR) 140 (25 KB) , Dec. 20, 2010
    41. New Mexico Department of Health, “Medical Cannabis Program,” Infectious Disease Bureau website (accessed Nov. 24, 2010)
    42. New Mexico Senate Bill 523 (71 KB), “The Lynn and Erin Compassionate Use Act,” Mar. 13, 2007 |
    43. Karen O’Keefe, Director of State Policies for Marijuana Policy Project (MPP), Email to ProCon.org, May 13, 2011
    44. Karen O’Keefe, Director of State Policies for Marijuana Policy Project (MPP), Email to ProCon.org, Nov. 2, 2010
    45. Karen O’Keefe, Director of State Policies for Marijuana Policy Project (MPP), Email to ProCon.org, Jan. 11, 2010
    46. Oregon Ballot Measure 67 (75 KB), Nov. 3, 1998
    47. Oregon Department of Human Services, “Oregon Medical Marijuana Program (OMMP),” oregon.gov (accessed Nov. 24, 2010)
    48. Oregon House Bill 3052 (20 KB), July 21, 1999
    49. Oregon Regulated Medical Marijuana Supply System Act (100 KB), July 16, 2010
    50. Oregon Revised Statutes ORS 475.300 — ORS 475.346 (52 KB) (accessed Nov. 24, 2010)
    51. Oregon Senate Bill 1085 (52 KB), Jan. 1, 2006
    52. Rhode Island Department of Health, ” Medical Marijuana Program,” health.ri.gov (accessed Nov. 24, 2010)
    53. Rhode Island Senate Bill 791 (30 KB), June 21, 2007
    54. State of Alaska Division of Elections, “Alaska Ballot Measure 8,” elections.alaska.gov (accessed Jan. 17, 2010)
    55. Vermont Criminal Information Center, “Vermont Marijuana Registry,” dps.state.vt.us (accessed Nov. 24, 2010)
    56. Vermont House Bill 645 (45 KB), Mar. 2003
    57. Vermont Senate Bill 00007 (65 KB), May 30, 2007
    58. Vermont Senate Bill 76 (45 KB), Mar. 17, 2003
    59. Washington Chapter 69.51A RCW (40 KB), Nov. 3, 1998
    60. Washington Senate Bill 6032 (29 KB), Apr. 20, 2007
    61. Washington State Department of Health, “Medical Marijuana,” Health Systems Quality Assurance website (accessed Nov. 24, 2010)
    62. Washington State Department of Health, “Rule-Making Order” (50 KB), Nov. 2, 2008
    63. Washington State Department of Health, “Significant Analysis for Rule Concerning Medical Marijuana” (125 KB), Nov. 2, 2008
    64. Washington State Supreme Court, “State v. Fry” (300 KB), Jan. 21, 2010
    65. Kristi Weeks, Director of Policy and Legislation at the Washington Department of Health, Email to ProCon.org, Jan. 25, 2010

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