Medical Marijuana Laws- State by State

btdt

1. AlaskaBallot Measure 8 -- Approved 11/3/98 by 58% of voters.
Effective: 3/4/99.
Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."
Approved Conditions: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Amended: Senate Bill 94
Effective: 6/2/99
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.
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
2. CaliforniaBallot Proposition 215 -- Approved 11/5/96 by 56% of voters.
Effective: 11/6/96
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 covered: "cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief."
Amended: Senate Bill 420, effective 1/1/04
Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess.
Possession/Cultivation: 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."
A pilot ID system is being implemented one county at a time. Fees vary by county, and low-income discounts are available. 3. ColoradoBallot Amendment 20 -- Approved 11/7/00 by 54% of voters.
Effective: 6/1/01
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they "might benefit from the medical use of marijuana." (Patients must possess this documentation prior to an arrest.)
Approved Conditions: 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.
Possession/Cultivation: 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.
Not Amended
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
State Program
4. HawaiiSenate Bill 862 -- Signed into law by Gov. Ben Cayetano on 6/14/00
Effective: 12/28/00
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.
Approved conditions: 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.
Possession/Cultivation: 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.
Not Amended
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
5. MaineBallot Question 2 -- Approved 11/2/99 by 61% of voters.
Effective: 12/22/99
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana." The law does not establish a state-run patient registry.
Approved diagnosis: epilepsy and other disorders characterized by seizures; glaucoma; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea or vomiting as a result of AIDS or cancer chemotherapy.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one and one-quarter ounces of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. Those patients who possess greater amounts of marijuana than allowed by law are afforded a "simple defense" to a charge of marijuana possession.
Amended: Senate Bill 611, signed into law on 4/2/02. Increases the amount of useable marijuana a person may possess from one and one-quarter ounces to two and one-half ounces.
No state program has been established. 6. MontanaInitiative 148, -- Approved 62% - 38% by a popular vote on 11/2/04.
Effective: 11/2/04
Approved Conditions: A) "cancer, glaucoma, or positive status for human immonodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;
B) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

1. cachexia or wasting syndrome;
2. severe or chronic pain;
3. severe nausea;
4. seizures, including but not limited to seizures caused by epilepsy, or
5. severe or persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis or Chrohn's disease; or

C) any other medical condition or treatment for a medical condition adopted by the department by rule.
Possession/Cultivation: "A qualifying patient and that qualifying patient's caregiver may not possess more than six marijuana plants and 1 ounce of usable marijuana each."
</I>Not Amended
Program is being run by the Montana Department of Public Health & Human Services
Bureau of Licensure
Roy Kemp, Chief
(406) 444-2868
7. NevadaBallot Question 9 -- Approved 11/7/00 by 65% of voters.
Effective: 10/1/01
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have “written documentation” from their physician that marijuana may alleviate his or her condition.
Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Other conditions are subject to approval by the health division of the state Department of Human Resources.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature.
Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the “affirmative defense of medical necessity” if they are arrested on marijuana charges. Legislators added a preamble to the legislation stating, “[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana.” A separate provision requires the Nevada School of Medicine to “aggressively” seek federal permission to establish a state-run medical marijuana distribution program.
Amended: Assembly Bill 453, effective 10/1/01. Created a state registry for patients prescribed the drug by a licensed physician and the Department of Motor Vehicles would issue identification cards. No state money will be used for the program, which will be funded entirely by donations.
Application information for the Nevada medical marijuana registry is available by writing or calling: Nevada Department of Agriculture
P.O. Box 948
Carson City, NV 89707-0948
(775) 684-5333
(Attention: Jennifer Bartlett)
8. New MexicoSenate Bill 523 , "The Lynn and Erin Compassionate Use Act"
Approved: March 13, 2007 by House, 36-31; by Senate, 32-3
Effective: July 1, 2007
Removes state-level criminal penalties on the use and possession of marijuana by patients "in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments." The New Mexico Department of Health will administer the program and register patients, caregivers, and providers.
Conditions covered: "cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity, epilepsy, HIV+ or AIDS status, admitted into hospice care in accordance with rules promulgated by the department, or any other medical condition, medical treatment or disease as approved by the [Health] Department."
Cultivation: Cannabis growers ("providers") will be licensed by the New Mexico Department of Health. The Health Department will distribute the marijuana to qualified patients. Possession: Senate Bill 523 permits a qualified patient or their registered caregiver to possess an "adequate supply," which is defined as "an amount of cannabis, in any form approved by the department, possessed by a qualified patient and the qualified patient's primary caregiver that is determined by rule of the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three months and that is derived solely from an intrastate source."
No contact information for this program is available at this time.

The New Mexico Department of Health is required to have the program in place by Oct. 1, 2007. Qualified patients will be issued identification cards.

9. OregonBallot Measure 67 -- Approved 11/3/98 by 55% of voters.
Effective: 12/3/98
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms.
Approved Conditions: 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.
Possession/Cultivation: 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.

Amended, Effective Jan. 1, 2006 by Senate Bill 1085, which 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. The law also redefines "mature plants" to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.

Patient Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Amended: House Bill 3052, effective 7/21/99
Mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense." This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.
In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as "a physician who has established a physician/patient relationship with the patient; … is primarily responsible for the care and treatment of the patients; … has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."
Application information for the Oregon medical marijuana registry is available online or by writing: Oregon Department of Human Services
800 NE Oregon St.
Portland, OR 97232
(503) 731-4000
http://www.dhs.state.or.us/
publichealth/mm/index.cfm
The fee for a NEW application is $55.00 OR $20.00 if you are on the Oregon Health Plan (OHP) or if you are receiving Supplemental Security Income (SSI) monthly benefits.
10. Rhode IslandSenate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate. The timeline follows below:

1. 6/24/05: passed the House 52 to 10
2. 6/28/05: passed the State Senate 33 to 1
3. 6/29/05: Gov. Carcieri vetoes the bill
4. 6/30/05: Senate overrides the veto 28-6
5. 1/3/06: House overrides the veto 59-13
6. 6/21/07: Amended by Senate Bill 791 (SB 791) (PDF 30KB) to become permanent

Effective: 1/3/06
Approved Conditions: Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, Hepatitis C, or the treatment of these conditions; A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn’s disease; or agitation of Alzheimer's Disease; or any other medical condition or its treatment approved by the state Department of Health.
Possession/Cultivation: Limits the amount of marijuana that can be possessed and grown to up to 12 marijuana plants or 2.5 ounces of cultivated marijuana.
Amended by Senate Bill 0710</B>
The law establishes a mandatory, confidential state-run registry that issues identification cards to qualifying patients who register with the state. Rhode Island residents must provide certification from a Rhode Island physician. Fee is $75 ($10 for those on Social Security or Medicaid).
Web: www.health.ri.gov/hsr/mmp/index.php
Contact:
3 Capitol Hill, Room 205, Providence, RI 02908
401-222-2828
401-222-1272 Fax Rules and Regulations (PDF 151KB)
11. VermontSenate Bill 76 -- Approved 22-7 & House Bill 645, approved 82-59. Gov. James Douglas (R), allowed it to pass into law unsigned on 5/26/04.
Effective: 7/1/04
Approved Conditions: Only patients suffering from AIDS, cancer and multiple sclerosis. *
Possession/Cultivation: Limits the amount of marijuana that can be possessed and grown to three ounces and seven plants. *Amended May 31, 2007 by S.B. 7 (PDF 24KB);</B> increased amount permitted to be possessed or cultivated, and expanded covered conditions to </B>"cancer, glaucoma, 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 a life-threatening, progressive, and debilitating disease or medical condition or its treatment that produces severe, persistent, and intractable symptoms such as: cachexia or wasting syndrome; severe pain; severe nausea; or seizures."
The law established a mandatory, confidential state-run registry that issues identification cards to qualifying patients. There is a $50 registration fee (as of June 11, 2007)
Contact: Vermont Marijuana Registry
Department of Public Safety
12. WashingtonBallot Measure 692 -- Approved 11/3/96 by 59% of voters.
Effective: 11/3/98
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess "valid documentation" from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of the medical use of marijuana would likely outweigh the health risks."
Approved Conditions: Cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis. Other conditions are subject to approval by the Washington Board of Health.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess or cultivate no more than a 60-day supply of marijuana. The law does not establish a state-run patient registry. Amended: 2001 by Washington's Medical Quality Assurance Commission, which approved Crohn’s disease, Hepatitis C, and "any disease, 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."
The law (and amendment) did not include a provision for any state agency to write rules to implement the medical use of marijuana. No contact information is provided. The Washington State Medical Association has provided a form for medical authorization.



StateProgram DetailsContact Info1. ArizonaBallot Proposition 200 -- Approved 11/5/96 by 65% of voters.
Effective: 12/6/96 [Not Active]
Measure mandates alternative sentencing for non-violent drug offenders, and seeks to establish legal protections for seriously ill patients by allowing doctors to "prescribe" schedule I controlled substances such as marijuana. However, because federal law ultimately forbids physicians from prescribing such drugs, this statute does not adequately protect patients from state-level criminal penalties, as do similar state laws that only require patients to possess a physician’s "recommendation" that medical marijuana therapy may be beneficial.
Not Amended: House Bill 2518, which was signed by the governor on April 21, 1997, sought to repeal Proposition 200’s medical marijuana provision by requiring the Food and Drug Administration (FDA) to first approve marijuana before allowing state physicians to prescribe it. The bill was placed on the November 3, 1998 ballot as a referendum, where voters rejected it by a vote of 57 percent to 43 percent.
No state program, no contact info 2. MarylandSenate Bill 502, The "Darrell Putman" Bill -- Resolution #0756-2003</B> -- Approved in the state senate by a vote of 29-17. Signed into law by Gov. Robert L. Ehrlich, Jr. on 5/22/03.
Effective: 10/1/03
Applies to defendants possessing less than one ounce of the drug who can prove they used marijuana out of medical necessity and with a doctor’s recommendation. For others, the maximum penalty is one year in prison and a $1,000 fine.
This law allows a physician's approval of medical marijuana to be used as an affirmative defense in court against criminal charges of possession and/or cultivation. Not Amended
No state program, no contact info

All of the above info was sourced from

http://www.medicalmarijuanaprocon.or...tePrograms.htm

Please write your Rep/Senator and urge them to support medical marijuana legislation in your State.

ISO2BWELL

BTDT,

Dang good info to have, for any med user. Glad I don't live in Hawaii or one of those conservative use states, as they only allow possession of 1 ounce, and that in my experience is not a sufficient amount for most medical users in a month. (I know some severe pain patient using well over 10 ounces a month, and 20 ounces in a "bad" month of pain.

Addendum to Washington is Bill 6032, passed into law by our wise Governor back in April '07. State law currently allows up to 60 days use of MM in possession, however they are now setting a "limit" of reasonable possession. My most sincere hopes are that the amount is determined to be in the area of 10 ounces for a 60 day supply for a MM user. Meetings on this are next month in the state, but they have made it difficult for MM patients to attend more than 1 meeting by bouncing the meetings all over the state on consecutive days.

Great post, and very helpful for anyone who is a MM user and considering relocating to another state for business or health reasons.

TM

__________________



.

Giggles

I live in PA, I don't think we are even close to accepting any sort of MJ reform. Good info once again btdt. I also encourage everyone to register and become active too many of us stoners and MMer's complain but don't act. I would love to stand on a corner and collect signatures but this is a scary state when it comes to MJ. I preach to my family and friend all the time....we need major changes in this country ASAP, and not just in the MM area. The Patriot Act is supposed to protect us in theory but we all know what it is really being used for. Even you guys that are legal probably have the noids thanks to our wonderful federal gov't and it's UNCOSTITUTIONAL ways.

btdt

I addition to writing your Congressman/etc., I would urge anyone with the inclination who wants to see the Feds step aside..on the med issue..and eventually, on the legality issue..I urge you to DONATE what you can to groups like Americans For Safe Access (ASA), The Marijuana Policy Project (MPP), or to search the Net for local *grassroots* movement/groups who are lobbying hard behind the scenes for change.

There are also groups such as WAMM who have had collective gardens raided by the DEA who will always accept a monetary donation.

If EVERYONE gave the $$$ they'd spend on their next OZ..or would donate the proceeds from the **** of an OZ to a friend these groups believe that the funding would be there to PUSH the LEGISLATION THROUGH that is needed to end cannabis prohibition in all forms.

I have no idea if this is true but I know there's only one way to find out. We are certainly closer now that we have been in the past...so the key is to keep chipping away at the stone faster than the Gov't can take away our rights. This takes CASH.

donate if you can folks. Please.

btdt

Mogie

Active State Medical Marijuana Programs



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.

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.

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




California

SUMMARY: 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."

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
www.canorml.org

For detailed information on county or municipal medical marijuana
guidelines, please visit: www.safeaccessnow.net/countyguidelines.htm

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

www.safeaccessnow.net/countyguidelines.htm#420




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.

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/medi...fullpacket.pdf




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 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 mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

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.

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




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.

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.

CONTACT INFORMATION: Brochures outlining Maine’s medical marijuana law are available from:

www.mainecommonsense.org

Mainers for Medical Rights
P.O Box 746
Gorham, ME 04084
(800) 846-1039




Maryland

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.



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, 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: 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.

AMENDMENTS: No

www.dphhs.mt.gov/medicalmarijuana/




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.

AMENDMENTS: No.

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

Nevada Department of Agriculture
P.O. Box 11279
Reno, NV 89510
(775) 688-1180
(Attention: Jennifer Bartlett)

Cannacare, Patients Helping Patients
Cannacare provides a wide range of services patients such as helping
patients fill out their paperwork, connecting patients with doctors who sign
recommendations for the state, and assisting with legal advice as well as
many other types of assistance and advice.
contact@cannacare.org
866-464-5098




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.

CONTACT INFORMATION: Patients may apply to participate in the program prior to October 1, 2007, by contacting the New Mexico Department of Health website at: http://www.nmhealth.org or by contacting Melissa Milam with the Department at: (505) 827-2321.

For more information, please contact the Drug Policy Alliance of New Mexico at: http://www.drugpolicy.org/about/stateoffices/newmexico/.




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.

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.

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
http://egov.oregon.gov/DHS/ph/ommp/index.shtml

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




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.

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

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

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





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.

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.

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




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.

AMENDMENTS: Yes.

Senate Bill 6032, which takes effect on July 22, 2007, mandates 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." The Department is instructed to report its findings to the legislature by July 1, 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 affirms 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."

The new law also limits the ability of police to seize medicinal cannabis that is "determined ... [to be] possessed lawfully [by an authorized patients] under the ... law."

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
http://www.aclu-wa.org/detail.cfm?id=182

hempie

special post. thanks!

MrLizard27

So if I read this correctly New Mexico is going to have a state run Production and distribution program. WOW that will be interesting to see when the DEA raids and charges the governmemt of NM with conspiracy to manufacture and distribute. This may be the breaker if that is the case.

btdt