What states allow medical cannabis?
This article is intended for informational purposes only and is not a substitute for medical advice.
At a national level, cannabis is illegal – both for recreational and medical uses. Under the Controlled Substances Act, cannabis is classified as a Schedule I Controlled Substance and is therefore forbidden to be prescribed by doctors. In the eyes of the federal government, there is no “accepted medical use” for the substance [source: U.S. Dept. of Justice].
However, at the state level, the rules become unclear with each state having its own separate restrictions for growing, selling and possessing the substance. With so much varying information, it’s no wonder that clashes between state and federal governments further blur the line between what is legal and what is illegal in the medicinal cannabis business.
Currently, 17 states and the District of Columbia have passed legislation governing the use of cannabis for medicinal purposes. Below are the summaries of the states that have enacted laws for medical cannabis use [source: NORML].
States that Have Passed Legislation A-D
Alaska Use, possession and cultivation of medical cannabis is legal for patients with written documentation of their medical need from their physician. The law establishes a state registry for identification cards. Patients can possess no more than one ounce of useable cannabis and cultivate no more than six cannabis plants – with no more than three of those plants fully matured.
Alaska Stat. §§ 17.37.10 - 17.37.80 (2007)
Arizona Patients with written physician identification can use and possess no more than two and half ounces of useable cannabis. Patients can obtain a state-issued identification card. Patients who live more than 25 miles from a state-licensed cannabis dispensary may cultivate no more than 12 cannabis plants in an “enclosed and locked” facility.
Arizona Medical Marijuana Program
California Use, possession and cultivation of medical cannabis is legal for patients with “written or oral recommendation” by their physicians. In 2004, amendments were made to limit the amount of possession to no more than eight ounces and/or six mature (or 12 immature) cannabis plants. However, if patients demonstrate an extra need by their doctors, higher quantities may be allowed, depending on the county and municipality. The state is working on creating a patient registry.
California Senate Bill 420
Colorado Use, possession and cultivation are legal for patients with written physician-approved documentation. Patients may possess no more than two ounces and may cultivate no more than six plants. Patients can obtain a state-issued identification card. State dispensaries must be licensed and in compliance with zoning laws.
Colorado Medical Marijuana Code
Delaware Yet to take effect, the legislation for the Delaware Medical Marijuana Act was signed on May 13, 2011. The law allows use and possession (of up to six ounces) of cannabis obtained from a state-licensed facility for patients with proven debilitating conditions. There will be at least one facility per county for patients. Home cultivation is still illegal. Patients must obtain a state-issued identification card.
Delaware Senate Bill 17: The Delaware Medical Marijuana Act
District of Columbia Though unable to grow cannabis, residents of the district may obtain medical cannabis with written physician recommendation. Patients may only possess up to two ounces at a time. Medical dispensaries – which can be non-profit or for-profit – can only grow up to 95 plants on site.
NORML: District of Columbia’s Medical Marijuana Regulations
States that Have Passed Legislation H-M
Hawaii Residents may use, possess and cultivate medical cannabis if they have a signed statement from their physician. Patients may possess up to three ounces at a time and can grow no more than seven plants – with only three of those plants mature. Patients must obtain a state-issued identification card.
Drug Policy Reform of Hawaii: Guide to Hawaii’s Medical Marijuana Law
Maine Use, possession and cultivation is legal. Patients must obtain written recommendation from their physician. Patients cannot possess more than two and a half ounces, and may cultivate no more than six cannabis plants with only three mature plants. The law establishes a state registry and identification card system, and allows the sale of medical cannabis in state-licensed, non-profit dispensaries.
NORML: Maine Regulations
Maryland There are no penalties or criminal charges for possessors of medical cannabis if they can prove their possession is medically necessary. They must only possess one ounce or less.
Maryland Senate Bill 308
Michigan Use, possession and cultivation are legal with written physician authorization. Patients cannot cultivate more than 12 cannabis plants, and they must be kept in an enclosed, locked facility. Patients can only possess 2.5 ounces of usable cannabis. The law establishes a state registry that issues identification cards.
Michigan Medical Marijuana Program
Montana Use, possession and cultivation are legal. Patients must obtain written documentation from their doctor. They may cultivate no more than six cannabis plants. The law establishes a confidential state-run patient registry that issues identification cards. Chronic pain patients face stricter requirements. Patients found guilty of cannabis DUI will have their privileges revoked. Advising physicians will be reported and investigated by the Board of Medical Examiners if they recommend for more than 25 patients per year.
Montana’s Medical Marijuana Program
States that Have Passed Legislation N-W
Nevada Use, possession and cultivation are legal with written documentation from a physician. Patients cannot possess more than one ounce of usable cannabis, and may cultivate no more than seven plants with only three of those mature. A state registry is established to disburse ID cards.
Nevada Department of Health: Medical Marijuana Program
New Jersey Legal protection is offered to state-authorized patients. They can only possess up to two ounces of marijuana per month. No cultivation is allowed. Six state-licensed “alternative treatment” centers are to be created.
New Jersey Compassionate Use of Medical Marijuana Act
New Mexico Patients must register with the state Department of Health with a state-authorized condition. Patients may legally possess six ounces of medical cannabis (or more if a physician approves) and/or 16 plants (four mature, 12 immature). State-licensed facilities can grow up to 150 plants.
New Mexico Department of Health: Medical Cannabis Program
Oregon Use, possession and cultivation are legal. Written physician approval is required. Patients can possess no more than 24 ounces of usable cannabis, and may cultivate no more than six mature plants and/or 18 seedlings. The plants must be grown in one location, and patients must have been diagnosed for at least a year before growing (in order to use “affirmative defense”). A state registry is established to disburse identification cards.
Oregon Medical Marijuana Program
Rhode Island Use, possession and cultivation are legal. Written physician approval is required. Patients can only possess up to 2.5 ounces of cannabis and cultivate up to 12 plants. Their cannabis must be stored in an indoor facility. Patients must register with the state and obtain an identification card. As of 2009, state-licensed non-profit dispensary facilities became legal. However, in 2011, licensing was suspended.
The Edward O. Hawkins Medical Marijuana Act
Vermont Use, possession and cultivation are legal. Patients must have proof of diagnosis of a debilitating disease. They must join the mandatory state registry and obtain an identification card. Patients are allowed to possess up to two ounces and grow two mature and/or seven immature plants. As of June 2011, four state-licensed facilities will be able to dispense.
For more information, visit Safe Access Now.
Washington Use, possession and cultivation are legal. Patients must obtain valid physician documentation of their conditions. Patients may legally grow 15 cannabis plants and/or possess up to 24 ounces of usable cannabis. The law does not establish a state-run patient registry.
Washington State Medical Use of Cannabis Act