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Medical Marijuana States

States with Legal Active Medical Marijuana Programs

Laws may change and this information may not be up to date. Please check with your state and local city laws to verify and information shown here.

Source: NORML.org: Active State Medical Marijuana Programs

Alabama

In Alabama, CBD oil was decriminalized in 2016. Any other form of marijuana with THC is completely illegal in the state. CBD oil in Alabama may contain up to 3% THC.

Patients who qualify for CBD oil must have a debilitating disease or a medical condition including one that produces seizures. This page was last updated on January 1, 2018.

Alaska

SUMMARY: Fifty-eight percent of voters approved Ballot Measure #8 on November 3, 1998. The law took effect on March 4, 1999. It removes 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.” Patients diagnosed with the following illnesses are afforded legal protection under this act: 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. 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.

Under Measure 2, adults 21 and older are able to purchase and consume cannabis from state-licensed retailers and establishments with a valid onsite consumption endorsement. They are able to purchase up to 1 ounce of marijuana, or 28.35 grams, or 7 grams of cannabis concentrate, or total cannabis less than 5.6 grams, or 0.2 ounces, of THC. Adults looking to consume cannabis onsite are limited to purchase 1 gram, or 0.035 ounces, or less per transaction. Public cannabis consumption is prohibited by state law and remains illegal. Legal consumption may occur on private property or in an establishment with a valid onsite consumption endorsement. Onsite users can purchase up to 1 gram, or 0.035 ounce, of products with a limit of 10 milligrams of THC to be consumed onsite. Adults can consume flower, edibles, concentrates, oils, tinctures, salves, drinks, patches, and topical cannabis products.

AMENDMENTS: Yes.

Senate Bill 94, which took effect on 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.

MEDICAL MARIJUANA STATUTES: Medical Uses of Marijuana, Alaska Stat. §17.37.10 (2007). Through Alaska Stat. §17.37.80 (2007).

CONTACT INFORMATION: For more information on Alaska’s medical marijuana law, please contact:

Alaskans for Medical Rights
P.O. Box 102320
Anchorage, AK 99510
(907) 277-AKMR (2567)

Application information for the Alaska medical marijuana registry is available by writing or calling:

Alaska Department of Health and Social Services
P.O. Box 110699
Juneau, AK 99811-0699
(907) 465-5423
Attention: Terry Ahrens
terry_ahrens@health.state.ak.us

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Arizona

SUMMARY: Just over 50 percent of voters (50.13 percent) approved Proposition 203 on November 2, 2010. The law removes state-level criminal penalties on the use and possession of marijuana by patients who have “written cerification” from their physician that marijuana may alleviate his or her condition. Patients diagnosed with the following illnesses are afforded legal protection under this act: cancer; glaucoma; positive status for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Crohn’s disease, agitation of Alzheimer’s disease or any chronic or debilitating medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including those characteristic of epilepsy, severe or persistent muscle spasms, including those characteristic of multiple sclerosis, persistent muscle spasms or seizures, severe nausea or pain. Other conditions will be subject to approval by the Arizona Department of Health Services. Patients (or their primary caregivers) may legally possess no more than two and one-half ounces of usable marijuana, and may cultivate no more than twelve marijuana plants in an “enclosed, locked facility.” The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Under the law, the Arizona Department of Health Services has 120 days to adopt rules ‘governing nonprofit dispensaries,’ which may produce and dispense marijuana to authorized patients on a not-for-profit basis. Neither patients nor their caregivers may legally cultivate marijuana under this act if they reside within 25 miles of an operating, state-licensed not-for-profit dispensary.

Only patients and caregivers in the ADHS registry with identification cards can purchase medical marijuana from a nonprofit state-licensed dispensary. Cannabis consumption must take place in a private space.

RECIPROCITY: Yes. The act defines a ‘visiting qualifying patient’ as a person ‘who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person’s residence.’

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Arkansas

All medical marijuana products must be purchased through medical marijuana dispensaries registered with the state. Patients must show their medical marijuana ID card to purchase from a dispensary. Caregivers are allowed to purchase medical marijuana for their designated patient, provided they show their designated caregiver registry card. Arkansas patients may consume medical marijuana only in their home. Consumption in public is not allowed.

California

SUMMARY: Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. The law took effect on November 9, 2016.

Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It 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. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.

AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or 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 such quantities are 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.

Senate Bill 420 also mandates the California Department of State Health Services to establish a voluntary medicinal marijuana patient registry, and issue identification cards to qualified patients. To date, however, no such registry has been established.

Senate Bill 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.”

MEDICAL MARIJUANA STATUTES: California Compassionate Use Act 1996, (Act; Health & Saf. Code, § 11362.5, added by voter initiative, Prop. 215, Gen. Elec. (Nov. 5, 1996)).

CONTACT INFORMATION: For more information on California’s medical marijuana law, please contact:

California NORML
2215-R Market Street #278
San Francisco, CA 94144
(415) 563-5858
http://www.canorml.org/

For detailed information on county or municipal medical marijuana
guidelines, please visit: http://www.canorml.org/prop/local215policies.html

For a list of California doctors who recommend medical cannabis, please
visit:
www.canorml.org/prop/215physicians.html

For a list of California medical cannabis providers, please visit:
www.canorml.org/prop/cbclist.html

http://www.canorml.org/prop/local215policies.html

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Colorado

SUMMARY: Fifty-four percent of voters approved Amendment 20 on November 7, 2000, which amends the state’s constitution to recognize the medical use of marijuana. The law took effect on June 1, 2001. It 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.) Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; chronic nervous system disorders; 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 Colorado Board of Health. Patients (or their primary caregivers) may legally possess no more than two ounces of usable marijuana, and may cultivate no more than six marijuana plants. 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.

Adults 21 and older and medical marijuana patients may purchase legal marijuana from any state-licensed dispensary. If patients are unable to make the transaction themselves, they may also designate a caregiver to purchase and deliver medical marijuana on their behalf. Patients may purchase from exclusively medical marijuana dispensaries. The state sales tax in Colorado is 2.9%, which applies to the sale of medical marijuana and medical marijuana products. Retail marijuana and marijuana-infused products are exempt from this sales tax — however, they are subject to a 15% retail marijuana tax, which is added to the final retail purchase price. While you can currently purchase marijuana only in a dispensary, the Colorado General Assembly passed HB 1234 in the 2019 legislative session allows cannabis delivery in Colorado, beginning Jan. 2, 2020 for medical marijuana; and for all adult-use marijuana beginning Jan. 2, 2021. Travelers cannot, however, bring marijuana to Denver International Airport or any other airport. Until recently, Colorado marijuana laws prohibited public consumption of cannabis; cannabis consumption was reserved for private, personal use in locations not open or accessible to the public. However, in 2019, the state passed HB 1230, which creates new business licenses for marijuana lounges, tasting rooms, and other cannabis-based hospitality businesses where consumers can bring and consume marijuana and marijuana-infused products. It is illegal to use or consume cannabis in a motor vehicle, and it is illegal to drive under the influence of cannabis.

MEDICAL MARIJUANA STATUTES: C.O. Const. art XVIII, § 14 (2001); §0-4-287 art. XVIII, Colo. Rev. Stat. § 18-18-406.3 (2001) (interpreting the provisions of the ballot initiative and constitutional amendment), Colo. Rev. Stat. § 25-1.5-106 (2003) (originally enacted as § 25-1-107(1)(jj) (2001))(describing the powers and duties of the Colorado Department of Public Health)

CONTACT INFORMATION: Application information for the Colorado medical marijuana registry is available online or by writing:

Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
http://www.cdphe.state.co.us/hs/medicalmarijuana/fullpacket.pdf

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Connecticut

SUMMARY: Governor Dan Malloy signed into law Public Act 12-55, An Act Concerning the Palliative Use, on June 1, 2012. The law took effect on October 1, 2012. Under the law, patients with a ‘debilitating medical condition’ must receive ‘written certification’ from a physician and register with the state’s Department of Consumer Protection (DCP). Online registration for qualifying patients and their physicians is now available from the Connecticut Department of Consumer Protection.

Under the law, qualifying patients and their primary caregivers can possess a combined one-month supply of cannabis. Patients may eventually obtain marijuana from certified pharmacists at licensed dispensaries, who will obtain it from licensed producers. The Department of Consumer Protection has until July 1 to submit regulations to the General Assembly regarding the eventual state-licensed distribution of cannabis. In the interim, qualified patients will be allowed to lawfully to possess personal supplies of cannabis although, technically, “transactions to obtain the drug will still be illegal.” The option of home cultivation is not explicitly addressed under the statute.

Patients diagnosed with the following illnesses are afforded legal protection under this act: “cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, 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 other medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act.” A qualifying patient shall have not more than one primary caregiver at any time. Any marijuana, paraphernalia relating to marijuana, or other property seized by law enforcement officials from a qualifying patient or a primary caregiver in connection with a claimed palliative use of marijuana shall be returned to the qualifying patient or the primary caregiver immediately upon the determination by a court that the qualifying patient or the primary caregiver is entitled to the palliative use of marijuana as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal.

Registered patients and primary caregivers may purchase medical cannabis from licensed pharmacists employed by licensed dispensary facilities. Individuals may not purchase an amount of cannabis that would cause them to exceed possession limits of 2.5 ounces, or 56.7 grams, per month. Patients designate a licensed dispensary at the time of their application. Licensed dispensary facilities are located throughout Connecticut. Registered patients may purchase flower, edibles, concentrates, topicals, and tinctures, as well as consumption accessories from dispensary facilities. Patients are responsible for state and local sales taxes at the time of purchase. At this time, medical marijuana delivery services are unavailable in Connecticut.

Additional information for Connecticut patients and physicians regarding Public Act 12-55, An Act Concerning the Palliative Use of Marijuana is available online from the state Department of Consumer Protection.

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Delaware

SUMMARY: Governor Jack Markell signed legislation — Senate Bill 17, The Delaware Medical Marijuana Act — into law on May 13, 2011. State regulators have up to one-year to draft regulations to formally govern the program. The law removes state-level criminal penalties on the use and possession of cannabis obtained from state-licensed facilities for patients with an authorized “debilitating medical condition.” The measure provides for the establishment of at least one non-profit ‘compassion center’ per county that would be licensed by the state to produce and dispense medical cannabis. Recommending physicians must have “bona fide physician-patient relationship” with a person before recommending the use of medical cannabis. Medical conditions that may qualify for cannabis under this act include: cancer, HIV/AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, and post-traumatic stress disorder, as well as cachexia, chronic pain (if the condition has not responded to previously prescribed medications), severe nausea, seizures or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Patients may legally possess up to 6 ounces of usable marijuana, if the marijuana is obtained from a state-licensed facility. Home cultivation of marijuana is not allowed under this act. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients. The act also provides medical marijuana patients who are not registered with the state to raise an ‘affirmative defense’ motion to dismiss at trial. This act includes reciprocity provisions protecting visitors from other medical use states.

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District of Columbia

SUMMARY: Ballot initiative 59, first passed by the voters in 1998 with 69% of the vote, will permit seriously ill individuals to legally use marijuana for medical treatment when recommended by a licensed physician.

Under Initiative 59 a patient or caregiver shall only purchase or consume medical cannabis from the registered dispensary designated on their patient registration identification card. Consumption of medical cannabis is limited to the patient’s home or private property. The use of medical marijuana in public remains a criminal offense.

Read the legislative text here.

The Congress has 30 legislative days either to override the measure, or to allow it to become law. Current expectations are the measure will become law, with regulations issued by the District of Columbia City Council to define the dispensary system authorized by the initiative, by the end of 2010.

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Florida

Florida governor signs law allowing limited medical marijuana use
Source

TALLAHASSEE Fla. (Reuters) – Florida Governor Rick Scott signed a law on Monday allowing for the limited use of a special strain of marijuana to treat epileptic seizures and other diseases.

State lawmakers passed the measure this spring with bipartisan support after impassioned appeals from parents seeking access to the form of marijuana known as “Charlotte’s Web,” named for a Colorado girl whose epileptic seizures have shown some response to the drug.

“As a father and grandfather, you never want to see kids suffer,” Scott, a Republican, said in a statement. “I am proud to stand today with families who deserve the ability to provide their children with the best treatment available.”

The “Compassionate Medical Cannabis Act” will severely limit marijuana sales, keeping them well below those in Colorado and Washington state, where recreational marijuana has been legalized.

The Florida law allows use of the drug for people suffering from epilepsy, cancer and amyotrophic lateral sclerosis (ALS), known as Lou Gehrig’s disease.

The Charlotte’s Web substance is not for smoking and is specially cultivated to be very low in tetrahydrocannabinol (THC), the element that gets users high.

“I’m thankful. When we began the legislative session, I did not feel the governor would support any marijuana legislation,” said state Representative Katie Edwards, a South Florida Democrat who co-sponsored the legislation.

Edwards joined forces with Republican state Representative Matt Gaetz to back the bill despite being on opposite sides of the medical marijuana debate. Edwards supports broader use of medical marijuana, while Gaetz is opposed.

Gaetz said “Charlotte’s Web,” an oil extract placed under the tongue, is not a step toward marijuana legalization.

After Jan. 1, 2015, doctors will be allowed to prescribe low-THC marijuana treatment for state residents with epilepsy, cancer and afflictions causing “seizures or severe and persistent muscle spasms.”

The bill also appropriates $1 million for medical research in medical uses of marijuana.

Florida is estimated to have 125,000 epilepsy sufferers.

The new law limits production to a few growers at nurseries that have been in business for 30 years or more.

The law is not related to a more expansive medical marijuana referendum up for vote in November, with polls showing widespread support.

Twenty states and the District of Columbia have some form of laws that permit the use of marijuana for medicinal purposes, though they vary widely, according to a Florida legislative analysis.

Medical Marijuana Use Registry Identification cards help patients obtain their approved orders of medical marijuana. The ID cards must be presented for verification when making a purchase at an approved MMTC. The cards are used by law enforcement, or other individuals who seek to verify that a legal patient is a part of the statewide database. Law enforcement officers may require a patient to show their cards at any appropriate time. Patients must purchase their product from a licensed (MMTC). Delivery services are available. MMTCs cannot dispense more than a 70-day supply of cannabis in all forms at one time, and up to a 35-day supply of smokable flower. Edibles are legal, but must be commercially produced by MMTCs and only infused with cannabis oil. Patients and caregivers can purchase a 35-day supply of smokable flower and a 70-day supply of other cannabis forms at a time. Each MMTC must have available at least one low-THC cannabis product for patients to purchase. Sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes are exempt from state sales tax. Retail, delivery, distribution, and storage are also exempt from state sales tax. Licensed MMTCs can deliver medical cannabis to registered patients anywhere in Florida. Delivery fees and other logistics may apply depending on the MMTC. Marijuana may not be consumed in any public place; on a school campus; in the workplace, unless permitted by the employer (smoking is prohibited indoors); or aboard a motor vehicle, public bus, train, aircraft, or watercraft. Consumption must take place in a private residence. Driving under the influence of marijuana is illegal. Cannabis may be consumed as edibles and via spray, oils, vaping, smoking, and pills. Cannabis seeds and flower may only be used for smoking or vaping and must be sealed in tamper-proof containers. Patients younger than 18 may not consume medical cannabis via smoking unless the patient is diagnosed with a terminal condition, with a second, board-certified physician concurring with the diagnosis.

Check out Florida First Medical Marijuana Guide Since 2014

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Georgia

N/A or page has not yet been updated

Guam

Guam allows medical marijuana patients to purchase and possess up to two and a half ounces of marijuana, but patients are not allowed to cultivate their own plants at home. Patients can purchase from a state-licensed dispensary, though none are operational as of yet.

Hawaii

SUMMARY: Governor Ben Cayetano signed Senate Bill 862 into law on June 14, 2000. The law took effect on December 28, 2000. The law 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.” Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; Crohn’s disease; 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 Hawaii Department of Health. Patients (or their primary caregivers) may legally possess up to 3 ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

As of early 2016, patients are able to purchase medical cannabis from the state-regulated dispensaries. As of 2018, medical marijuana patients from out-of-state may register for the Hawaii Medical Marijuana Program for a period of 60 days every 12 months. Cannabis may only be consumed for medical use, and in a method that doesn’t endanger the health or well-being of another person.

AMENDMENTS: No, although Hawaii has a separate statute allowing patients arrested on marijuana charges to present a “choice of evils” defense arguing that their use of marijuana is medically necessary.

MEDICAL MARIJUANA STATUTES: Medical Use of Marijuana, Haw. Rev. Stat. §329-121(2008). Through Haw. Rev. Stat. §329-128 (2008).

CONTACT INFORMATION: Administrative rules for Hawaii’s medical marijuana program are available online from the Drug Policy Forum of Hawaii website at: http://www.dpfhi.org/

Application information for the Hawaii medical marijuana registry is available by writing or calling:

Hawaii Department of Public Safety
919 Ala Moana Boulevard
Honolulu, HI 96814
(808) 594-0150

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Idaho

N/A or page has not yet been updated

Illinois

SUMMARY: Democratic Gov. Pat Quinn on August 1, 2013 signed legislation, House Bill 1, making Illinois the 20th state to authorize the physician-recommended use of cannabis for qualified patients. The new law establishes a statewide, four-year pilot program regulating the production, distribution, and possession of medical cannabis. The program creates up to 22 state-licensed cannabis cultivation centers and up to 60 state-licensed dispensaries. Qualified patients participating in the program must have a preexisting relationship with their physician prior to receiving a recommendation for cannabis therapy. Patients diagnosed with one of approximately 40 qualifying conditions — including cancer, hepatitis C, rheumatoid arthritis, HIV, multiple sclerosis, lupus, and Crohn’s disease — will be permitted to legally possess up to 2.5 ounces of cannabis per 14-day period. Under the law, patients must obtain cannabis only from a state-licensed facility.

The law took effect on January 1, 2014. State regulators have 120-days following the bill’s enactment to file program rules and regulations with the Joint Committee on Administrative Rules.

In the “Land of Lincoln,” patients must purchase their medical marijuana in a dispensary storefront, but they must be consumed in private. Medical patients pay a 1% pharmaceutical tax and a 7% wholesale tax is levied on cultivators/dispensaries. Patients can purchase up to two and a half ounces of cannabis per 14-day period.

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Indiana

CBD oil is the only legal form of marijuana allowed in the state on Indiana. On Wednesday, Mar. 21, 2018 Gov. Eric Holcomb signed Act 52 into law. Act 52 enables anyone to buy, sell, or possess CBD oil. The CBD oil must be under 0.3% THC and be derived from hemp rather than marijuana.

Iowa

The Iowa Department of Public Health announced in March 2018 it would allow medical marijuana sales in five Iowa communities: Council Bluffs; Sioux City; Davenport; Waterloo; and Windsor Heights. MedPharm Iowa, the state’s only licensed manufacturer, was offered licenses for Sioux City and Windsor Heights. Have a Heart Compassion Care was authorized for Council Bluffs and Davenport. Iowa Cannabis Company would operate in Waterloo. MedPharm Iowa in September said the company’s facility in Des Moines will be ready to deliver medical marijuana products in December 2018, which would make it the first operable dispensary in the state.

Kansas

Kansas weed laws currently permit residents to purchase CBD products either in stores or by ordering from an online vendor. CBD products are legal to possess and buy as long as the product contains zero THC. Individuals can buy CBD products in the form of oils, powders, pills, or lotions. These products are considered herbal supplements. Under current Kansas marijuana laws, it is a crime to possess any amount of cannabis with trace amounts of cannabinoids other than CBD. The first violation is a class A misdemeanor, which is punishable by either a fine of up to $2,500 and/or one year imprisonment. Subsequent offenses for marijuana possession are felonies, punishable up to 26 months in prison with potential fines. In Kansas, getting caught with marijuana for personal use is a class A misdemeanor for the first and second convictions. According to state law, this is punishable by jail time for up to one year and/or up to $2,500 in fines. A third violation can earn a sentence of 10-52 months in prison and a fine depending on the circumstances of the arrest by law enforcement. Possessing cannabis with intent to sell marijuana comes with more severe criminal penalties. Kansas law places no restrictions on where CBD oil can be consumed. CBD may not be smoked or vaporized in flower form, as many cannabis consumption accessories are criminalized as drug paraphernalia.

Kentucky

N/A or page has not yet been updated

It is illegal to purchase, cultivate and/or consume marijuana in Kentucky. Patients with intractable epilepsy can use CBD only if approved and administered in accordance with Kentucky law.

Louisiana

Louisiana patients can purchase medical marijuana products from one of nine permitted pharmacies, which are distributed into regions throughout the state and licensed by the Louisiana Pharmacy Board. Recommended doses and purchased amounts of cannabis are recorded and monitored in the Louisiana Medical Marijuana Tracking System. Typically, a recommending physician will send the order and cannabis type to the closest pharmacy, who will in turn inform patients when their medicine is ready for pickup. Patients may purchase up to a 30-day supply of cannabis. Medical marijuana is not covered by insurance and is exempted from the Louisiana sales tax. Louisiana pharmacies can sell cannabis procured from only one of two growing facilities, both in Baton Rouge, licensed by the LDAF: Louisiana State University in partnership with GB Sciences, and Southern University in partnership with Ilera Holistic Healthcare. Acceptable forms of medical marijuana include oils, extracts, tinctures, sprays, capsules, pills, solutions, suspension, gelatin-based gummies, lotions, transdermal patches, and suppositories. Raw cannabis materials are illegal for possession and consumption. Patients cannot consume medical marijuana in public.

Maine

SUMMARY: Sixty-one percent of voters approved Question 2 on November 2, 1999. The law took effect on December 22, 1999. It 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.” Patients diagnosed with the following illnesses are afforded legal protection under this act: 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. Patients (or their primary caregivers) may legally possess no more than one and one-quarter 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. The law does not establish a state-run patient registry.

Registered patients must designate a dispensary or a caregiver to cultivate cannabis for purchase. Patients have the option of purchasing medical cannabis directly from a registered caregiver or dispensary, or may choose to cultivate cannabis on their own property or a designated, secure cultivation site. Recreational sales for adults over 21 are currently on hold. Cannabis consumption must take place in a private space.

AMENDMENTS: Yes. Senate Bill 611, which was signed into law on April 2, 2002, increases the amount of useable marijuana a person may possess from one and one-quarter ounces to two and one-half ounces. Question 5, approved by 59 percent of voters on November 3, 2009, mandates the Department of Health to enact rules within 120 days establishing a confidential patient registry and identification card system, and allowing for the dispensing of medicinal cannabis via state-licensed nonprofit dispensaries. The act also expands the list of qualifying illnesses for which a physician may recommend medical cannabis to include: “A. cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail-patella syndrome or the treatment of these conditions; B. a chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months; C. a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; 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 D. any other medical condition or its treatment approved by the department as provided.”

MEDICAL MARIJUANA STATUTES: Me. Rev. Stat. tit. 22, § 2383-B(5),(6) (1999) (amended 2001), Me. Rev. Stat. tit. 22, § 2383-B(3)(e) (amended 2001)(increasing amount of marijuana a patient may posses to two and one-half ounces)

Maine Citizens for Patients Rights
PO Box 1074
Lewiston, ME 04243

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Maryland

SUMMARY: Maryland’s legislature passed a medical marijuana affirmative defense law in 2003. This law requires the court to consider a defendant’s use of medical marijuana to be a mitigating factor in marijuana-related state prosecution. If the patient, post-arrest, successfully makes the case at trial that his or her use of marijuana is one of medical necessity, then the maximum penalty allowed by law would be a $100 fine.

Patients and caregivers can only purchase medical cannabis from state-licensed dispensaries. Cannabis consumption must take place on private property.

MEDICAL MARIJUANA STATUTES: Maryland Darrell Putman Compassionate Use Act, Md. Code Ann., Crim. Law §5-601(c)(3)(II) (2003).

AMENDMENTS: Yes.

Senate Bill 308, signed into law on May 10, 2011, removes fines and criminal penalties for citizens who successfully raise an ‘affirmative defense’ in court establishing that they possessed limited amounts (one ounce or less) of marijuana for medical purposes. Citizens who cultivate cannabis or who possess larger amounts of marijuana may still raise an affirmative defense at trial and, if successful, will have their sentence mitigated.

ADDITIONAL AMENDMENTS: Yes

House Bill 1101, signed into law on May 2, 2013, establishes an independent, 12-member medical marijuana commission within the state Department of Health. The commission will request applications from Maryland academic medical centers to operate ‘medical marijuana compassionate use programs.’ Members of the commission will decide which patients will qualify for the programs and will license growers to provide cannabis for therapeutic purposes. The law took effect on October 1, 2013. However, no state-sanctioned research programs are expected to be operational until 2015 or later.

ADDITIONAL AMENDMENTS: Yes

House Bill 881, signed into law on April 14, 2014, seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician.The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.

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Massachusetts

SUMMARY: The Massachusetts Marijuana Legalization Initiative, also known as Question 4, was put on the November 8th, 2015 Massachusetts statewide ballot, and was approved with a 53.57% “Yes” vote.  A “yes” vote supported this proposal to legalize marijuana but regulate it in ways similar to alcoholic beverages.  The provisions made as part of the initiative are set to go into effect on December 15th, 2016.

Question 4 legalized and created a commission to regulate marijuana in Massachusetts. Previously, marijuana was only permitted for medicinal purposes. Under the new law, individuals at least 21 years old will be able to use it, grow it, and possess it. The measure stipulated that individuals could possess under ten ounces of marijuana inside their homes and under one ounce in public. They will also be able to grow up to six marijuana plants in their homes.

The measure created a regulatory structure called the Cannabis Control Commission. This body oversees marijuana legalization and issue licenses to firms that seek to sell marijuana products.

Under the measure, retail marijuana will be subjected to the state sales tax with an additional 3.75 percent excise tax. If it chooses, a local municipality may add another 2 percent tax. Revenue from excise taxes, license application fees, and fines for minor violations of this law will be placed in a Marijuana Regulation Fund, which will help to pay for administrative costs of the new law.

Additional information about the law is available from the Massachusetts Patient Advocacy Alliance, an all-inclusive online portal for those eager to learn more about the regulation, purchase and use of marijuana in Massachusetts.  Massachusetts State Marijuana will provide current news coverage on the matter, as well as unique content, which will aim to eliminate the stigma attached to marijuana use.

Cannabis may be purchased at a state-licensed dispensary. Cannabis can be consumed on private property, but marijuana products cannot be smoked, eaten, or vaped in public. Furthermore, cannabis products cannot be smoked where tobacco smoking is prohibited.

HISTORY: Sixty-three percent of voters approved Question 3 on November 6, 2012. The law took effect on January 1, 2013. It eliminates statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients who possess a “valid registration card” issued by the state. (“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.”) Patients must possess a recommendation from a physician attesting that cannabis assists with the treatment of a “debilitating medical condition.” Physicians may authorize cannabis for the treatment of “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.” The law establishes a state-run patient registry and the creation of up to 35 state-licensed, non-profit “medical marijuana treatment centers.” Within the first year after the law’s implementation, the state must issue regulations for the creation of such centers. Individual patients will also be permitted to privately cultivate limited amounts of cannabis or designate a “personal caregiver” to cultivate for them if they are unable to access a state-authorized dispensary or if they can verify “financial hardship.”

The medical use provisions in Massachusetts do not include reciprocity provisions protecting visitors from other medical use states.

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Michigan

SUMMARY: Sixty-three percent of voters approved Proposal 1 on November 4, 2008. The law took effect on December 4, 2008. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physicians authorizing the medical use of marijuana. Patients diagnosed with the following illnesses are afforded legal protection under this act: Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or the treatment of these conditions.  Patients are also offered legal protection if they have a chronic or debilitating disease or medical condition or treatment of said condition that produces 1 or more of the following: cachexia or wasting syndrome; severe and 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. Patients (or their primary caregivers) may possess no more than 12 marijuana plants kept in an enclosed, locked facility or 2.5 ounces of usable marihuana. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. The state officially began accepting applications for the program on April 6, 2009.

Michigan voters approved Proposition 1 in November 2018, to allow recreational consumption of cannabis in the state, making it the first recreational state in the Midwest. On Dec. 6, 2018, limited possession of cannabis is legal, but there are no dispensaries yet licensed to sell legal recreational marijuana (rules will be developed in 2019 and applications for adult-use licenses will be made available prior to Dec. 6, 2019). The Michigan Regulation and Taxation of Marijuana Act allows adults 21 and over to possess up to 2.5 ounces of cannabis legally in public and to grow up to 12 plants at home, out of plain sight.

AMMENDMENTS: Yes

Administrative rules for the program took effect on April 4, 2009. A copy of the regulations is available here.

MEDICAL MARIJUANA STATUTES: Michigan Medical Marihuana Act, Mich. Comp. Law §333.26421 (2008). Through Mich. Comp. Law §333.26430 (2008).

CONTACT INFORMATION:

Michigan Medical Marihuana Program (MMMP)
Michigan.gov/mmp

Michigan Medical Marijuana Association
http://michiganmedicalmarijuana.org/

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Minnesota

Patients in the North Star State may purchase their non-smokable cannabis medicine at a dispensary (adult-use is not legal). Commercial delivery is prohibited; it must be done through a designated caregiver. Marijuana may never be consumed in public, and if you’re caught with more than a 30-day supply, you may face legal charges. Medical patients pay $3.50 per gram through state-regulated tax stamps.

Mississippi

The Magnolia State does not allow marijuana except CBD-rich products for approved conditions with a doctor’s recommendation. Cannabis extracts must contain more than 15% CBD and no more than .5% THC.

Missouri

Missouri started accepting licensed dispensary facility applications starting Aug. 3, 2019. Cannabis can legally be obtained and possessed only by a patient or licensed caregiver and consumed solely by the patient, unless a primary caregiver is also a patient. Delivery is allowable under Missouri weed laws, and is considered in Amendment 2 as a component of the broad term “medical use. It is illegal to consume cannabis in a public space that is open to the general public, including sidewalks, streets, parks, schools and businesses, unless legally enacted elsewhere. Missouri, unlike other states, has a specific provision for property owners to dedicate space for qualifying patients, who may be accompanied by family, a caregiver, or a physician to consume. Property owners also may limit use of medical marijuana to non-smokable forms of consumption.

Montana

SUMMARY: Sixty-two percent of voters approved Initiative 148 on November 2, 2004. The law took effect that same day. It removes state-level criminal penalties on the use, and cultivation of marijuana by patients who possess written documentation from their physicians authorizing the medical use of marijuana. Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures, including but not limited to seizures caused by epilepsy; or severe or persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis or Crohn’s disease. Patients (or their primary caregivers) may possess no more than six marijuana plants. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.

Montana was an early state to enact legislation to allow the use of medical marijuana for patients with debilitating medical conditions via a 2004 ballot initiative, the Montana Medical Marijuana Allowance, or I-148, which passed with nearly 62 percent approval. In 2011, the state Senate was able to enact stringent conditions on medical marijuana with Senate Bill 423 to create the Montana Marijuana Act. Key provisions of SB 423 were challenged in court until August 2016, when the Montana Supreme Court upheld most of the law’s provisions.

AMENDMENTS: No

MEDICAL MARIJUANA STATUTES: Montana Medical Marijuana Act, Mont. Code Ann.  §50-46-1 (2007). Through Mon. Code Ann. § 50-46-2

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Nebraska

Both medical and recreational marijuana have been illegal in Nebraska since 1927. Despite a recent survey of voters commissioned by the Marijuana Policy Project that showed 77 percent of Nebraskans would vote “yes” to allow medical cannabis, lawmakers have been unable bring the issue to the legislative floor.

Nevada

SUMMARY: Sixty-five percent of voters approved Question 9 on November 7, 2000, which amends the states’ constitution to recognize the medical use of marijuana.  The law took effect on October 1, 2001.  The law 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.  Patients diagnosed with the following illnesses are afforded legal protection under this act: 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. Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than seven 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. 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.

Patients, caregivers, and adults ages 21 and older can purchase and consume cannabis from licensed retailers or dispensaries throughout the Nevada. It is illegal to consume cannabis in any public space, therefore consumption must take place on private property, as long as property owner has not prohibited it.

AMENDMENTS: No.

MEDICAL MARIJUANA STATUTES: Medical Use of Marijuana, Nev. Rev. Stat. §453A.010 (2008). Through Nev. Rev. Stat. §453A.240 (2008).

CONTACT INFORMATION: Application information for the Nevada medical marijuana registry is available by writing or calling:

Nevada Department of Health and Human Services, Nevada State Health Division
1000 East Williams St., Ste. 209
Carson City, NV 89701
775-687-7590
Contact: Jennifer

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New Hampshire

SUMMARY: Democrat Gov. Maggie Hassan on July 23, 2013 signed legislation, House Bill 573, authorizing the physician-recommended use of cannabis for qualified patients. The law creates four state-sanctioned marijuana dispensing facilities to produce and distribute cannabis to state-qualified patients who possess a doctor’s recommendation. Patients must have a preexisting relationship of at least three months with their physician prior to receiving a recommendation for cannabis therapy. Patients diagnosed with one of approximately twenty qualifying conditions — including cancer, hepatitis C, muscular dystrophy, Crohn’s disease, or multiple sclerosis — are permitted to legally possess up to two-ounces of cannabis. Under the law, patients must obtain cannabis only from a state-licensed facility. Qualified patients will not be provided with any legal protections to possess or use cannabis prior to the establishment of such facilities. It has been estimated that it may take state regulators as much as two years to get the nascent program up and running.

New Hampshire is one of the nation’s smallest states, but that doesn’t mean it has not made big strides in legalization. Medical marijuana may be purchased at a dispensary storefront, but cannot be consumed in public. There are no delivery services in the “Live Free or Die” State either.

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New Jersey

SUMMARY: Governor Jon Corzine signed the New Jersey Compassionate Use Medical Marijuana Act into law on January 18, 2010. As initially passed, the law was scheduled to take effect in July 2010. However, lawmakers in June amended the legislation at the behest of Republican Gov. Chris Christie to delay the enactment of the law until October 1, 2010. The law mandates the state to promulgate rules governing the distribution of medical cannabis to state-authorized patients. These rules shall address the creation of up to six state-licensed “alternative treatment centers.” Patients diagnosed with the following illnesses are afforded legal protection under this act: cancer, glaucoma, seizure and/or spasticity disorders (including epilepsy), Lou Gehrig’s disease, multiple sclerosis, muscular dystrophy, HIV/AIDS, inflammatory bowel disease (including Crohn’s disease), any terminal illness if a doctor has determined the patient will die within a year. Other conditions are subject to approval by the state Department of Health. Patients authorized to use marijuana under this act will not be permitted to cultivate their own cannabis, and are limited to the possession of two ounces of marijuana per month.

The medical use provisions in New Jersey do not include reciprocity provisions protecting visitors from other medical use states.

Adults ages 18 and older may purchase medical marijuana from ATCs, as long as patients have a physician’s recommendation. New Jersey medical marijuana patients may only consume cannabis in the privacy of their homes.

CAREGIVERS: Yes. Primary Caregiver is a person who has agreed to assist with a registered qualifying patient’s medical use of marijuana. Primary caregiver cannot be the patient’s physician. Primary caregiver must be a resident of New Jersey. The primary caregiver can never have been convicted of a felony drug offense. The caregiver must be 18 years of age or older. The caregiver may only have one qualifying patient at any one time. N.J. Stat. Ann. §24:6I-3 (2010).

(Registration process for caregivers has not yet been determined.)

FOR MORE INFORMATION:

Coalition for Medical Marijuana — New Jersey
http://www.cmmnj.org

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New Mexico

SUMMARY: Governor Bill Richardson signed Senate Bill 523, “Lynn and Erin Compassionate Use Act,” into law on April 2, 2007. The new law took effect on July 1, 2007. The law mandates the state Department of Health by October 1, 2007, to promulgate rules governing the use and distribution of medical cannabis to state-authorized patients. These rules shall address the creation of state-licensed “cannabis production facilities,” the development of a confidential patient registry and a state-authorized marijuana distribution system, and “define the amount of cannabis that is necessary to constitute an adequate supply” for qualified patients.

Patients and caregivers can only purchase medical cannabis from state-licensed nonprofit producers. If patients are unable to make purchases themselves, a caregiver can purchase and deliver medical cannabis on their behalf. Additionally, state-licensed delivery services are available to patients for cannabis purchases. Qualified patients may apply for a personal production license, allowing enrollees to grow for personal use. There is no tax imposed on medical cannabis under New Mexico’s marijuana laws. Medical cannabis consumption is limited to private property out of public view. Patients and caregivers face criminal prosecution or civil penalties for possession, distribution, transfer, or use in a school bus or public transportation vehicle, school campuses, workplaces, public parks, recreation centers, or youth centers. Driving under the influence of cannabis is illegal and consumption in a vehicle is prohibited for drivers and passengers.

AMENDMENTS: Yes. In January 2009, the New Mexico Department of Health finalized rulesgoverning the production, distribution, and use of medicinal cannabis under state law. Patients registered with the state Department of Health and who are diagnosed with the following illnesses are afforded legal protection under these rules:

  • Severe chronic pain
  • Painful peripheral neuropathy
  • Intractable nausea/vomiting
  • Severe anorexia/cachexia
  • Hepatitis C infection currently receiving antiviral treatment
  • Crohn’s disease
  • Post-traumatic Stress Disorder
  • Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease)
  • Cancer
  • Glaucoma
  • Multiple sclerosis
  • Damage to the nervous tissue of the spinal cord with intractable spasticity
  • Epilepsy
  • HIV/AIDS
  • Hospice patients

Other conditions are subject to approval by the Department of Health. Patients may legally possess six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature) under this act.

State regulations also authorize non-profit facilities to apply with the state to produce and dispense medical cannabis. State licensed producers may grow up to 95 mature plants at one time.

MEDICAL MARIJUANA STATUTES: Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. §30-31C-1 (2007).

CONTACT INFORMATION: Please contact the Medical Cannabis Program Coordinator at (505) 827-2321 or medical.cannabis@state.nm.us for more information.

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New York

Lawmakers agree on medical marijuana Source

New York was set to become the 23rd state to legalize medical marijuana under an agreement announced by legislative leaders Thursday.

The so-called Compassionate Care Act would legalize certain forms of marijuana for severely ill patients. The legislation does not allow the drug to be sold in plant form or smoked, but it can be administered through a vaporizer or in an oil-base.

Earlier in the negotiations, Gov. Andrew Cuomo sought to ban smoking the drug, saying it was wrong for the state to promote smoking.

“In the end you have to balance the needs of many of the patients and the truth is we’re coming to a point where less and less people smoke combustible methods anyway,” said bill sponsor Sen. Diane Savino, a Staten Island Democrat.

Marijuana could be prescribed for at least 10 diseases — including epilepsy, AIDS, ALS and neuropathy — under the direction of the state’s health department. The health commissioner would be able to add more illnesses.

If approved by the Legislature, the bill would allow the program to start in as soon as 18 months and would allow a governor to terminate it under advice from the health department or law enforcement.

“Medical marijuana has the capacity to do a lot of good for a lot of people who are in pain, who are suffering and are in desperate need of a treatment that can provide relief,” Cuomo said during a news conference with lawmakers.

Doctors would have to undergo training to be eligible to prescribe the drug and could face a felony charge punishable by up to four years of prison if they write fraudulent prescriptions.

The bill does not require insurance companies to cover the cost of the drug.

Patients who sell their prescribed marijuana could face a misdemeanor. Patients will be required to carry registration cards showing they are authorized to possess the drug and can be prescribed a maximum 30-day supply.

Five registered growing organizations will be allowed up to four dispensaries each throughout the state, with the counties where the marijuana is grown and sold receiving revenue from an excise tax. Under the stipulation, cultivators must grow the drug indoors in a secure facility.

Cuomo was initially opposed to medical marijuana earlier in his term but proposed a pilot program in January to allow up to 20 hospitals statewide to administer the drug.

He initially wanted a five-year sunset period to evaluate the new program, but negotiations extended that to seven years.

Certified patients can purchase medical cannabis from registered and state-regulated dispensaries. To ensure safe delivery methods for patients, the DOH only allows medical marijuana in smoke-free forms, including capsules, liquids, oils, and vaporization. Edibles are also prohibited under current law. It is illegal to vaporize approved medical cannabis products in any public or commercial space where public health law prohibits smoking.

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North Carolina

Caregivers are solely responsible for obtaining low-THC hemp extract on behalf of their patients. North Carolina does not currently have a state-regulated supply chain or any other state-sponsored method of obtaining CBD oil. Caregivers must purchase CBD in a state that offers reciprocity for its medical marijuana program. Consequently, North Carolina does not have a system in place that would allow caregivers to purchase low-THC hemp extract within the state.

North Dakota

Only marijuana and cannabis products grown and produced within the state may be legally sold in North Dakota. Adult recreational use of cannabis is illegal in North Dakota. Only registered medical marijuana patients may legally purchase or possess cannabis. Patients seeking medical marijuana ID cards are required to obtain written certification from licensed health-care providers (physicians, advance practice nurses, and physician assistants only) before their applications are approved by the Department of Health’s Division of Medical Marijuana. They must pay a $50 application fee. It is illegal for anyone to give dry cannabis flowers or leaves or cannabis products to anyone else within North Dakota. Outside of existing state sales taxes, North Dakota does not impose any additional or specific excise or other taxes on the cultivation, manufacturing, or sale of medical marijuana. Traveling with cannabis: Registered North Dakota medical marijuana patients with valid medical marijuana ID cards may travel with the legal limits of medical cannabis within the state. They must show their state medical marijuana ID cards or be able to access their electronic medical marijuana ID card. The law does not address travel with cannabis, but state authorities have said that best practice is to keep cannabis products within their packages. Showing legal proof of purchase is not required under state law. Travel across state lines remains illegal federally. Patients seeking medical marijuana ID cards are required to obtain written certification from licensed healthcare providers before their applications are approved by the Department of Health’s Division of Medical Marijuana. Only physicians, advance practice nurses, and physician assistants may recommend and provide written certifications for medical marijuana. For registered patients 19 and older, North Dakota’s medical marijuana law allows dried leaves and flowers, cannabinoid concentrates or extracts, solutions, capsules, transdermal patches with a maximum of 50 milligrams of THC per dose, and topicals containing up to 6% THC per serving. Minors younger than 19 are prohibited from possessing dried cannabis leaves and flowers, or cannabis products with more than 6% THC. There are three possession limits for dried leaves and flowers. Certified patients and designated caregivers with valid medical marijuana ID cards can purchase up to 2 1/2 ounces, or 71 grams, of dried leaves and flowers in a 30-day period. Their ID card will list their limit as “standard.” Patients diagnosed with cancer may be authorized by their health-care provider to purchase up to 6 ounces, or 170 grams, of dried leaves and flowers and up to 4 grams of THC in a combustible delivery form, according to HB 1417. Their ID card categorizes their limits as “enhanced.” Dried leaves and flowers are illegal to purchase, possess or consume for patients younger than 19. Their ID card will list limits as “zero.” Smoking medical marijuana in public is governed by the same regulations restricting tobacco smoking in public. Those tobacco laws can be found online. North Dakota law prohibits the use of marijuana in public places and workplaces. State law prohibits the unwrapping of the packaged marijuana dried leaves and flowers or cannabis products within dispensaries, and forbids consumption or smoking of cannabis within dispensaries.

Ohio

SUMMARY: The Ohio Marijuana Legalization Initiative is an Ohio initiated constitutional amendment on the November 3, 2015 ballot.

The measure would legalize the limited sale and use of recreational and medicinal marijuana and create 10 facilities with exclusive rights to commercially grow the drug.

Issue 3 will be accompanied on the ballot by Issue 2, which was added by state lawmakers concerned with the monopoly of the facilities with exclusive rights. If both issues pass, Ohio Secretary of State Jon Husted has stated that Issue 2 would invalidate Issue 3, a claim denied by the amendment’s supporters.

Marijuana can be consumed in a patient’s home by vaporizers, tinctures, oils, edibles, or patches.

AMENDMENTS: Yes.

Regulation
The measure would create an Ohio Marijuana Control Commission to regulate industrial and homegrown marijuana production, the chemical content of marijuana products, retail sales and marijuana taxation. The commission would also act as a clearinghouse for scientific research on marijuana and create a marijuana innovation and business incubator in Cuyahoga County.

Stores, dispensaries and manufacturing
Retail marijuana stores would only be allowed to sell marijuana from MGCE facilities and marijuana-infused products from licensed manufacturing facilities. Stores would not be allowed to sell marijuana or infused products for less than what the store paid for it.

The total number of marijuana retail stores in Ohio would be limited by a ratio of one store for every 10,000 Ohioans. With Ohio’s population at 11,594,163 in 2014, the amendment would allow for a maximum of 1,159 stores.

Marijuana stores would not be allowed to be located within 1,000 feet of a house of worship, public library, public or chartered elementary or secondary school, state-licensed day care center or public playground. A store’s location would also need to be approved by voters in the precinct in which the store would be located.

Medical marijuana would only be sold by licensed not-for-profit dispensaries to individuals with a doctor’s note. The Ohio Marijuana Control Commission would issue regulatory rules for these dispensaries and fund necessary operating costs.

Only licensed Marijuana Product Manufacturing, or MPM, facilities would be able to manufacture, process and package marijuana-infused products. The facilities would also be able to manufacture marijuana accessories and sell marijuana-infused products made only from marijuana purchased from licensed MGCE facilities.The control commission would regulate parts of the process such as the chemical content or potency of marijuana-infused products.

Taxes
Along with general business taxes, fees and assessments, marijuana production facility gross revenue would be taxed by a flat 15 percent rate and marijuana retail stores would be taxed by a flat 5 percent rate.

The tax revenue would be split up in three ways:

  • 55 percent to the Municipal and Township Government Stabilization Fund
  • 30 percent to the Strong County Fund
  • 15 percent to the Marijuana Control Commission Fund

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Oklahoma

Authorized patients and their designated caregivers may purchase medical cannabis from a state-licensed medical cannabis dispensary. Cannabis consumption must take place in a private space.

Oregon

SUMMARY: Fifty-five percent of voters approved Measure 67 on November 3, 1998. The law took effect on December 3, 1998. It 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. Patients diagnosed with the following illnesses are afforded legal protection under this act: 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 Health Division of the Oregon Department of Human Resources. Patients (or their primary caregivers) may legally possess no more than three ounces of usable marijuana, and may cultivate no more than seven 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. 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.

Under Oregon recreational weed laws, consumers ages 21 and older are allowed to buy 1 ounce, or 28.35 grams, of cannabis flower per day, with a 17% excise tax charged on cannabis and cannabis-infused products, plus up to 3% in local taxes. Cannabis may only be purchased from an OLCC-licensed retailer. Adults ages 21 and older can legally consume cannabis on private property. They are not allowed to consume recreational marijuana in a public place, including establishments such as bars and restaurants licensed to serve liquor. Consuming cannabis is also illegal in a parked car in public view, while driving, or riding as a passenger.

AMENDMENTS: Yes.

House Bill 3052, which took effect on 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.”

Also, Senate Bill 1085, which took effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those 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.

Other amendments to Oregon’s medical marijuana law redefine “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.

MEDICAL MARIJUANA STATUTES: Oregon Medical Marijuana Act, Or. Rev. Stat. §475.300 (2007). Through Or. Rev. Stat. (2007).

CONTACT INFORMATION: Application information for the Oregon medical marijuana registry is available online or by writing:

Oregon Department of Human Services
800 NE Oregon St.
Portland, OR 97232
(503) 731-4000

Oregon Cannabis Patients registry: 1 (877) 600-6767

Oregon NORML Medical Marijuana Act Handbook (PDF)

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Pennsylvania

Patients and caregivers must be added to the state’s registry and obtain a medical cannabis ID card in order to purchase medical marijuana from PDH-licensed dispensaries. Cannabis flower, or any product designed to be smoked, is not allowed to be sold, purchased, or consumed.

Puerto Rico

Puerto Ricans looking to access medical marijuana must go through an application process that may take weeks and requires a $100-150 fee. Once completed, a patient is entered into a database with the Puerto Rican Department of Health and is only permitted to purchase from their nearest storefront dispensary. While it’s still illegal to smoke marijuana on the island, patients are allowed to consume other forms, but not in public.

Rhode Island

SUMMARY:  The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act took effect immediately upon passage on January 3, 2006. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess “written certification” from their physician stating, “In the practitioner’s professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.”  Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; glaucoma; Hepatitis C; 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. Other conditions are subject to approval by the Rhode Island Department of Health. Patients (and/or their primary caregivers) may legally possess 2.5 ounces of cannabis and/or 12 plants, and their cannabis must be stored in an indoor facility. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.  Patients who do not register with the Department of Health, but have received certification from their physician to use medicinal cannabis, may raise an affirmative defense at trial.

Patients, caregivers, and authorized purchasers can obtain cannabis from one of three state licensed compassion centers. Cannabis consumption must take place on private property.

AMENDMENTS: Yes.

In June 2007, the Rhode Island House and Senate enacted legislation eliminating the sunset clause of the The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, making the provisional program permanent

MEDICAL MARIJUANA STATUTES: The Rhode Island Medical Marijuana Act, R.I. Gen. Laws §1-21-28.6 (2006).

CONTACT INFORMATION: http://www.health.state.ri.us/
Application Forms are available by visiting room 104 at the Health Department, 3 Capitol Hill, Providence.

More helpful information can be found here: http://ripatients.org/.

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South Carolina

South Carolina allows for the use of medical CBD products with a physician recommendation. Extracts with less 15% CBD or more and no more than .09% THC are acceptable.

South Dakota

People from all over the world travel to South Dakota to see Mount Rushmore, but no one travels there for medical or adult-use marijuana. It is illegal.

Tennessee

SUMMARY:  The two largest cities in Tennessee, Memphis and Nashville, both passed ordinances in 2016 that give an officer the discretion to charge someone with a civil infraction for possessing small amounts of marijuana. One of the reasons for this was that the criminal law has been enforced unequally: In 2010 in Tennessee, there were four African Americans arrested for marijuana possession for every white arrested, despite the fact that both races consume marijuana at about the same rate.

Marijuana is not legal in the Volunteer State, but individuals with a doctor recommendation can use CBD-rich extracts. In Tennessee, allowable CBD products include cannabis oil with less than .09% THC.

AMENDMENTS:
Tennessee law provides protections for certain individuals who possess cannabis oils that are rich in one of the primary active ingredients in medical marijuana, cannabidiol (also referred to as CBD). The law allows only oils that contain no more than trace amounts of tetrahydrocannabinol (or THC) — 0.9%.

The state’s first CBD-focused law, SB 2531, was passed in 2014. It required that a hospital or state university-affiliated clinic supervise the study of cannabis oil. It also relied on Tennessee Tech to cultivate marijuana. Both requirements rendered the law unworkable in light of the federal government’s prohibition of CBD and marijuana. CBD is considered a controlled substance by federal law enforcement authorities, and hospitals and universities often rely heavily on federal grants and other programs for their work. Without authorization from federal law enforcement, which unsurprisingly was not granted, these institutions were unwilling to participate. As a result, the original law did not result in a functioning program for patients.

In 2015, the legislature changed the law by passing SB 280, which allows a person who obtained cannabis oil lawfully in another state to possess it in Tennessee. It must be in a bottle labeled by the manufacturer showing it contains no more than 0.9% THC. The person must have “a legal order or recommendation” from the other state.

In 2016, the legislature modified a provision of the law related to university research, by reducing the amount of THC permitted in university-cultivated marijuana from 0.9% to 0.6%, allowing all institutions of higher education to participate,[1] and allowing research to be conducted on “cancer and other diseases” as well as intractable seizures. However, the 2016 law requires any study to be “certified by the drug enforcement administration located in the state,” which would be extremely difficult and time-consuming. There is currently only one location that is allowed to cultivate marijuana under federal law, and it is located in Mississippi. Thus, this provision remains ineffective.

For more updates on Tennessee laws on medical marijuana, visit: tennesseemedicalmarijuana.org.

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Texas

Only patients in the registry, who have been diagnosed with a qualifying condition by a state-certified physician, can purchase medical cannabis from one of three current DPS-licensed medical dispensaries. If patients are unable to make the purchase themselves, two of the three licensed dispensaries offer delivery services. Currently, only social workers and nurses are allowed to deliver cannabis products to patients and their caregivers. There is currently no tax information in state legislation. SB 339 does not specify any restrictions on where a patient can legally possess or consume medical cannabis.

Utah

Currently, there are no facilities in Utah that are licensed to legally sell medical cannabis. When the state licenses private medical cannabis pharmacies, patients 18 and older, a parent or legal guardian of a minor patient, and designated caregivers may purchase medical cannabis. Each must have a medical cannabis card. All cards for patients younger than 21 must be approved by Utah’s Compassionate Use Board. According to Utah law, patients may use medical cannabis if they have a qualifying condition and a doctor’s recommendation. They aren’t allowed to use cannabis in public unless it’s a medical emergency, nor can they use it while driving a vehicle. They also can’t smoke cannabis. The Utah Medical Cannabis Act specifies that medical marijuana may only be taken as a capsule, a gelatin cube that can be chewed or dissolved, concentrated oil, liquid suspension, skin patch, or sublingual pill. The act also allows for medicinal marijuana in Utah to be administered as a resin or wax or through vaping.

Vermont

SUMMARY: Senate Bill 76 became law without Gov. James Douglas’ signature on May 26, 2004. The law takes effect on July 1, 2004. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients diagnosed with a “debilitating medical condition.” Patients diagnosed with the following illnesses are afforded legal protection under this act: HIV or AIDS, cancer, and Multiple Sclerosis. Patients (or their primary caregiver) may legally possess no more than two ounces of usable marijuana, and may cultivate no more than three marijuana plants, of which no more than one may be mature. The law establishes a mandatory, confidential state-run registry that issues identification cards to qualifying patients.

Patients may only obtain cannabis from their designated dispensary, and may only designate one (1) dispensary at a time.

AMENDMENTS: Yes.

Senate Bill 7, which took effect on JULY 1, 2007, expands the definition of “debilitating medical condition” to include: “(A)  cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or (B)  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; severe nausea; or seizures.”

The measure also raises the quantity of medical cannabis patients may legally possess under state law from one mature and/or two immature plants to two mature and/or seven immature plants.  Senate Bill 7 also amends state law so that licensed physicians in neighboring states can legally recommend cannabis to Vermont patients.

MEDICAL MARIJUANA STATUTES: Therapeutic Use of Cannabis, Vt. Stat. Ann. tit. 18 § 4471 (2003). Through Vt. Stat Ann. tit. 18 § 4474d (2003).

CONTACT INFORMATION:

Marijuana Registry
Department of Public Safety
03 South Main Street
Waterbury, Vermont 05671
802-241-5115
www.safeaccessnow.org/article.php?id=2012

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Virginia

Marijuana is not legal in the Old Dominion. Possession of CBD extracts high in CBD and low in THC is allowed for medical conditions approved by a physician. The state of Virginia defines allowable CBD as a processed cannabis extract with at least 15% CBD and no more than 5% THC or a resin/dilution with at least 5 mg of CBD per milliliter and no more than 5% THC or THC-A. Similarly, Virginia defines allowable THC-A oil as a processed cannabis extract that contains at least 15% THC-A but no more than 5% THC, or a resin/dilution with at least 5 mg of THC-A per ml but not more than 5% THC. CBD oil and THC-A oil are legal for medical use in the amount of a 30-day supply.

Washington

SUMMARY: Fifty-nine percent of voters approved Measure 692 on November 3, 1998. The law took effect on that day. It 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.” Patients diagnosed with the following illnesses are afforded legal protection under this act: 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. 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.

Under current Washington state marijuana laws, adult-use cannabis may be legally purchased only from a state-licensed retailer. Patients and caregivers may also purchase medical cannabis from any state-licensed retailer. Tribal ID cards are valid as identification if they meet the rules laid out by the WSLCB. According to the board’s website, tribal enrollment cards may only be used if the following requirements are met: The Tribe has notified the Board that it intends to use the ID card to purchase marijuana The enrollment card has a photo, a signature, and a date of birth The enrollment card has security features comparable to state Driver’s License. There is a Washington state marijuana tax for retail consumers. Under state law, all retail marijuana sales are subject to a 37% excise tax, in addition to regular state and local sales tax. Medical patients are not subject to the excise tax or retail sales tax. It remains illegal to consume marijuana or marijuana-infused products in public view. Cannabis cannot be consumed wherever tobacco smoking is prohibited.

AMENDMENTS: Yes.

Senate Bill 6032, mandated the Department of Health to “adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients.” In October 2008, the department finalized guidelines allowing patients to cultivate up to 15 cannabis plants and/or possess up to 24 ounces of usable marijuana. The new limits took effect on November 2, 2008.

Patients who possess larger quantities of cannabis than those approved by the Department will continue to receive legal protection under the law if they present evidence indicating that they require such amounts to adequately treat their qualifying medical condition.

Senate Bill 6032 also affirmed changes previously recommended by the state’s Medical Quality Assurance Commission to expand the state’s list of qualifying conditions to include Crohn’s disease, hepatitis c, and any “diseases, including anorexia, which results in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, and/or spasticity, when these symptoms are unrelieved by standard treatments or medications.”

It also limits the ability of police to seize medicinal cannabis that is “determined … [to be] possessed lawfully [by an authorized patients] under the … law.”

MEDICAL MARIJUANA STATUTES: Medical Use of Marijuana Act, Wash. Rev. Code §69.51A.005 and Wash. Rev. Code §69.51A.010 through Wash. Rev. Code 69.51A.008 and Washington Rev. Code §69.51A.900 Through §6951A.902 (2007).

CONTACT INFORMATION: Fact sheets outlining Washington’s medical marijuana law are available from:

Washington State Department of Health
1112 SE Quince St.
P.O. Box 47890
Olympia, WA 98504-7890
(800) 525-0127 or (360) 236-4052
Attention: Glenda Moore
http://www.doh.wa.gov/

ACLU of Washington, Drug Reform Project
(206) 624-2184

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West Virginia

Patients can purchase only from dispensaries licensed by the Bureau of Health. Patients and caregivers may purchase and possess no more than a 30-day supply at any given time, per the requirements specified on a physician’s certification. Currently, no regulations surround medical cannabis delivery services. Local governments may determine to ban or limit medical cannabis businesses within a specific jurisdiction. Cannabis consumption is prohibited in any public place, inside a mother vehicle, or in any rented property that specifically prohibits cannabis consumption onsite. It is illegal to perform any task under the influence of cannabis in which doing so would constitute negligence, such as the operation of any motor vehicle, aircraft, or watercraft. Patients may consume medical cannabis as pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole-plant forms through vaporization. Smoking cannabis flower is prohibited. Edibles are not permissible for sale, but patients can make their edibles at home.

Wisconsin

There is plenty of cheese in Wisconsin, but only possession of CBD products is allowed for a medical condition for which a physician has recommended CBD treatment.

Wyoming

Wyoming has not legalized recreational or medical marijuana, therefore it is against the law to use or possess cannabis in the state. However, hemp-derived cannabidiol (CBD) products that contain less than 0.3% THC by weight are legal to use and possess.