II. Details by State: 20 states and DC that have enacted laws to legalize medical marijuana State and Relevant Medical Marijuana Laws Contact and Program Details 1. Alaska Ballot Measure 8 (100 KB) -- Approved Nov. 3, 1998 by 58% of voters Effective: Mar. 4, 1999 Removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician advising that they might benefit from the medical use of marijuana. Approved Conditions: Cachexia, cancer, chronic pain, epilepsy and other disorders characterized by seizures, glaucoma, HIV or AIDS, multiple sclerosis and other disorders characterized by muscle spasticity, and nausea. Other conditions are subject to approval by the Alaska Department of Health and Social Services. Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Amended: Senate Bill 94 Effective: June 2, 1999 Mandates all patients seeking legal protection under this act to enroll in the state patient registry and possess a valid identification card. Patients not enrolled in the registry will no longer be able to argue the affirmative defense of medical necessity if they are arrested on marijuana charges. Update: Alaska Statute Title 17 Chapter 37 (36 KB) Creates a confidential statewide registry of medical marijuana patients and caregivers and establishes identification card. Alaska Bureau of Vital Statistics Marijuana Registry P.O. Box 110699 Juneau, AK 99811-0699 Phone: 907-465-5423 [email protected] AK Marijuana Registry Online Information provided by the state on sources for medical marijuana: None found Patient Registry Fee: $25 new application/$20 renewal Accepts other states registry ID cards? 1: Unknown [Editors Note: Four phone calls made Jan. 5-8, 2010 and an email sent on Jan. 6, 2010 by ProCon.org to the Alaska Marijuana Registry have not yet been returned and the information is not available on the states website (as of Jan. 11, 2010).] Registration: Mandatory 2. Arizona Ballot Proposition 203 (300 KB) Arizona Medical Marijuana Act -- Approved Nov. 2, 2010 by 50.13% of voters Allows registered qualifying patients (who must have a physicians written certification that they have been diagnosed with a debilitating condition and that they would likely receive benefit from marijuana) to obtain marijuana from a registered nonprofit dispensary, and to possess and use medical marijuana to treat the condition. Requires the Arizona Department of Health Services to establish a registration and renewal application system for patients and nonprofit dispensaries. Requires a web-based verification system for law enforcement and dispensaries to verify registry identification cards. Allows certification of a number of dispensaries not to exceed 10% of the number of pharmacies in the state (which would cap the number of dispensaries around 124). Specifies that a registered patients use of medical marijuana is to be considered equivalent to the use of any other medication under the direction of a physician and does not disqualify a patient from medical care, including organ transplants. Specifies that employers may not discriminate against registered patients unless that employer would lose money or licensing under federal law. Employers also may not penalize registered patients solely for testing positive for marijuana in drug tests, although the law does not authorize patients to use, possess, or be impaired by marijuana on the employment premises or during the hours of employment. Approved Conditions: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohns disease, Alzheimers disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (including epilepsy), severe or persistent muscle spasms (including multiple sclerosis). Possession/Cultivation: Qualified patients or their registered designated caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. 2: If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility. Amended: Senate Bill 1443 (20 KB) Effective: Signed by Governor Jan Brewer on May 7, 2013 Specifies the prohibition to possess or use marijuana on a postsecondary educational institution campus does not apply to medical research projects involving marijuana that are conducted on the campus, as authorized by applicable federal approvals and on approval of the applicable university institutional review board. [Editors Note: On Apr. 11, 2012, the Arizona Department of Health Services (ADHS) announced the revised rules (1.1 MB) for regulating medical marijuana and set the application dates for May 14 through May 25. On Nov. 15, 2012, the first dispensary was awarded approval to operate. ADHS Director Will Humble stated on his blog that, [W]e’ll be declining new requests to cultivate among new cardholders in most of the metro area… because self-grow (12 plants) is only allowed when the patient lives more than 25 miles from the nearest dispensary. The vast majority of the Valley is within 25 miles of this new dispensary. On Dec. 6, 2012, the states first dispensary, Arizona Organix, opened in Glendale.] Arizona Department of Health Services (ADHS) Medical Marijuana Program 150 North 18th Avenue Phoenix, Arizona 85007 Phone: 602-542-1023 Prop 203 Information Hub Information provided by the state on sources for medical marijuana: Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patients designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation. When a qualifying patient obtains or renews a registry identification card, the Department will provide a list of all operating dispensaries to the qualifying patient. ADHS, Qualifying Patients FAQs, (150 KB) Mar. 25, 2010 Patient Registry Fee: $150 / $75 for Supplemental Nutrition Assistance Program participants Accepts other states registry ID cards? 3: Yes, but does not permit visiting patients to obtain marijuana from an Arizona dispensary Registration: Mandatory 3. California Ballot Proposition 215 (45 KB) -- Approved Nov. 5, 1996 by 56% of voters Effective: Nov. 6, 1996 Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a written or oral recommendation from their physician that he or she would benefit from medical marijuana. Patients diagnosed with any debilitating illness where the medical use of marijuana has been deemed appropriate and has been recommended by a physician are afforded legal protection under this act. Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms. Amended: Senate Bill 420 (70 KB) Effective: Jan. 1, 2004 Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Possession/Cultivation: Qualified patients and their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines. S.B. 420 also grants implied legal protection to the states 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. 4: [Editors Note: On Jan. 21, 2010, the California Supreme Court affirmed (S164830 (300 KB)) the May 22, 2008 Second District Court of Appeals ruling (50 KB) in the Kelly Case that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters. ProCon.org contacted the California Medical Marijuana Program (MMP) on Dec. 6, 2010 to ask 1) how the ruling affected the implementation of the program, and 2) what instructions are given to patients regarding possession limits. A California Department of Public Health (CDPH) Office of Public Affairs representative wrote the following in a Dec. 7, 2010 email to ProCon.org: The role of MMP under Senate Bill 420 is to implement the State Medical Marijuana ID Card Program in all California counties. CDPH does not oversee the amounts that a patient may possess or grow. When asked what a patient can possess, patients are referred to courtinfo.ca.gov, case S164830 which is the Kelly case, changing the amounts a patient can possess from 8 oz, 6 mature plants or 12 immature plants to the amount needed for a patient’s personal use. MMP can only cite what the law says. According to a Jan. 21, 2010 article titled California Supreme Court Further Clarifies Medical Marijuana Laws, by Aaron Smith, California Policy Director at the Marijuana Policy Project, the impact of the ruling is that people growing more than 6 mature or 12 immature plants are still subject to arrest and prosecution, but they will be allowed to use a medical necessity defense in court.] Attorney Generals Guidelines: On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the states laws. Read more about the guidelines here. California Department of Public Health Office of County Health Services Attention: Medical Marijuana Program Unit MS 5203 P.O. Box 997377 Sacramento, CA 95899-7377 Phone: 916-552-8600 Fax: 916-440-5591 [email protected] CA Medical Marijuana Program Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use (55 KB) Information provided by the state on sources for medical marijuana: Dispensaries, growing collectives, etc., are licensed through local city or county business ordinances and the regulatory authority lies with the State Attorney Generals Office. Their number is 1-800-952-5225. (accessed Jan. 11, 2010) Patient Registry Fee: $66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location) Accepts other states registry ID cards? No Registration: Voluntary 4. Colorado Ballot Amendment 20 -- Approved Nov. 7, 2000 by 54% of voters Effective: June 1, 2001 Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they might benefit from the medical use of marijuana. (Patients must possess this documentation prior to an arrest.) Approved Conditions: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis. Other conditions are subject to approval by the Colorado Board of Health. Possession/Cultivation: A patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card may possess no more than two ounces of a usable form of marijuana and not more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the affirmative defense of medical necessity if they are arrested on marijuana charges. Amended: House Bill 1284 (236 KB) and Senate Bill 109 (50 KB) Effective: June 7, 2010 Colorado Governor Bill Ritter signed the bills into law and stated the following in a June 7, 2010 press release: House Bill 1284 provides a regulatory framework for dispensaries, including giving local communities the ability to ban or place sensible and much-needed controls on the operation, location and ownership of these establishments. Senate Bill 109 will help prevent fraud and abuse, ensuring that physicians who authorize medical marijuana for their patients actually perform a physical exam, do not have a DEA flag on their medical license and do not have a financial relationship with a dispensary. Medical Marijuana Registry Colorado Department of Public Health and Environment HSVR-ADM2-A1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: 303-692-2184 [email protected] CO Medical Marijuana Registry Information provided by the state on sources for medical marijuana: The Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue of dispensaries. While the Registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them. (accessed Jan. 11, 2010) Patient Registry Fee: $35 Accepts other states registry ID cards? No Registration: Mandatory 5. Connecticut HB 5389 (310 KB) -- Signed into law by Gov. Dannel P. Malloy (D) on May 31, 2012 Approved: By House 96-51, by Senate 21-13 Effective: Some sections from passage (May 4, 2012), other sections on Oct. 1, 2012 A qualifying patient shall register with the Department of Consumer Protection... prior to engaging in the palliative use of marijuana. A qualifying patient who has a valid registration certificate... shall not be subject to arrest or prosecution, penalized in any manner,... or denied any right or privilege. Patients must be Connecticut residents at least 18 years of age. Prison inmates, or others under the supervision of the Department of Corrections, would not qualify, regardless of their medical condition. Approved Conditions: Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome [HIV/AIDS], Parkinsons disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohns disease, posttraumatic stress disorder, or... any medical condition, medical treatment or disease approved by the Department of Consumer Protection... Possession/Cultivation: Qualifying patients may possess an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection. The Connecticut Medical Marijuana Program website posted an update on Sep. 23, 2012 with instructions on how to register for the program starting on Oct. 1, 2012. Patients who are currently receiving medical treatment for a debilitating medical conditions set out in the law may qualify for a temporary registration certificate beginning October 1, 2012. To qualify, a patient must also be at least 18 years of age and a Connecticut resident. Draft Regulations on Medical Marijuana (482 KB) were posted on Jan. 16, 2013. Medical Marijuana Program Department of Consumer Protection (DCP) 165 Capitol Avenue Hartford, CT 06106 Phone: 860-713-6006 Toll-Free: 800-842-2649 [email protected] The DCP will issue temporary patient registration certificates starting on October 1, 2012. CT Medical Marijuana Program Information provided by the state on sources for medical marijuana: The Commissioner of Consumer Protection shall determine the number of dispensaries appropriate to meet the needs of qualifying patients in this state. Patient Registry Fee: *The Commissioner of Consumer Protection will establish a reasonable fee. Accepts other states registry ID cards? No Registration: Mandatory 6. District of Columbia (DC) Amendment Act B18-622 (80KB) Legalization of Marijuana for Medical Treatment Amendment Act of 2010 -- Approved 13-0 by the Council of the District of Columbia on May 4, 2010; signed by the Mayor on May 21, 2010| Effective: July 27, 2010 [After being signed by the Mayor, the law underwent a 30-day Congessional review period. Neither the Senate nor the House acted to stop the law, so it became effective when the review period ended.] Approved Conditions: HIV, AIDS, glaucoma, multiple sclerosis, cancer, other conditions that are chronic, long-lasting, debilitating, or that interfere with the basic functions of life, serious medical conditions for which the use of medical marijuana is beneficial, patients undergoing treatments such as chemotherapy and radiotherapy. Possession/Cultivation: The maximum amount of medical marijuana that any qualifying patient or caregiver may possess at any moment is two ounces of dried medical marijuana. The Mayor may increase the quantity of dried medical marijuana that may be possessed up to four ounces; and shall decide limits on medical marijuana of a form other than dried. On Apr. 14, 2011, Mayor Vincent C. Gray announced the adoption of an emergency amendment (450 KB) to title 22 of the District of Columbia Municipal Regulations (DCMR), which added a new subtitle C entitled Medical Marijuana. The emergency amendment will set forth the process and procedure for patients, caregivers, physicians, and dispensaries, and implement the provisions of the Act that must be addressed at the onset to enable the Department to administer the program. The final rulemaking (800 KB) was posted online on Jan. 3, 2012. On Feb. 14, 2012, the DC Department of Healths Health Regulation and Licensing Administration posted a revised timeline for the dispensary application process (180 KB), which listed June 8, 2012 as the date by which the Department intends to announce dispensary applicants available for registration. The first dispensary, Capital City Care, was licensed in Apr. 2013. Medical Marijuana Program Health Regulation and Licensing Administration 899 N. Capitol Street, NE 2nd Floor Washington, DC 20002 Phone: 202-442-5955 [email protected] The law establishes a medical marijuana program to regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, and administration of medical marijuana and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall be administered by the Mayor. Patient Registry Fee: $100 initial or renewal fee /$25 for low income patients Accepts other states registry ID cards? No Registration: Mandatory 7. Delaware Senate Bill 17 (100 KB) -- Signed into law by Gov. Jack Markell (D) on May 13, 2011 Approved: By House 27-14, by Senate 17-4 Effective: July 1, 2011 Under this law, a patient is only protected from arrest if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. The patient must send a copy of the written certification to the state Department of Health and Social Services, and the Department will issue an ID card after verifying the information. As long as the patient is in compliance with the law, there will be no arrest. The law does not allow patients or caregivers to grow marijuana at home, but it does allow for the state-regulated, non-profit distribution of medical marijuana by compassion centers. Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, HIV/AIDS, decompensated cirrhosis, ALS, Alzheimers disease, post-traumatic stress disorder; or a medical condition that produces wasting syndrome, severe debilitating pain that has not responded to other treatments for more than three months or for which other treatments produced serious side effects, severe nausea, seizures, or severe and persistent muscle spasms. Possession/Cultivation: Patients 18 and older with certain debilitating conditions may possess up to six ounces of marijuana with a doctors written recommendation. A registered compassion center may not dispense more than 3 ounces of marijuana to a registered qualifying patient in any fourteen-day period, and a patient may register with only one compassion center. Home cultivation is not allowed. Senate Bill 17 contains a provision that allows for an affirmative defense for individuals in possession of no more than six ounces of usable marijuana. On Feb. 12, 2012, Gov. Markell released the following statement (presented in its entirety), available on delaware.gov, in response to a letter from US District Attorney Charles Oberly (2 MB): I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers. To do otherwise would put our state employees in legal jeopardy and I will not do that. Unfortunately, this shift in the federal position will stand in the way of people in pain receiving help. Our law sought to provide that in a manner that was both highly regulated and safe. On Aug. 15, 2013, Gov. Markell announced in a letter to Delaware lawmakers (175 KB) his intention to relaunch the states medical marijuana program, despite his previous decision to stop implementation. Markell wrote that the Department of Health and Social Services will proceed to issue a request for proposal for a pilot compassion center to open in Delaware next year. Delaware Department of Health and Social Services Division of Public Health Phone: 302-744-4749 Fax: 302-739-3071 [email protected] DE Medical Marijuana Program Information provided by the state on sources for medical marijuana: The Delaware Medical Marijuana Program website states (as of Aug. 5, 2013), The creation of the state-licensed, privately owned compassion centers has been suspended by the state. Based on guidance from the US Attorney, the compassion centers concept conflicts with federal law. As a result there is no plan to open compassion centers at this time. On Aug. 15, 2013, Gov. Markell announced that he will seek approval to open one compassion center in 2014. Patient Registry Fee: $125 (a sliding scale fee is available based on income) Accepts other states registry ID cards? 5: Yes (a visiting qualifying patient is not subject to arrest if a visitor ID card is obtained) Registration: Mandatory 8. Hawaii Senate Bill 862 (40 KB) -- Signed into law by Gov. Ben Cayetano on June 14, 2000 Approved: By House 32-18, by Senate 13-12 Effective: Dec. 28, 2000 Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the potential benefits of medical use of marijuana would likely outweigh the health risks. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients. Approved conditions: Cancer, glaucoma, positive status for HIV/AIDS; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohns disease. Other conditions are subject to approval by the Hawaii Department of Health. Possession/Cultivation: The amount of marijuana that may be possessed jointly between the qualifying patient and the primary caregiver is an adequate supply, which shall not exceed three mature marijuana plants, four immature marijuana plants, and one ounce of usable marijuana per each mature plant. Amended: HB 668 (240 KB) Effective: June 25, 2013 Establishes a medical marijuana registry special fund to pay for the program and transfers the medical marijuana program from the Department of Public Safety to the Department of Public Health by no later than Jan. 1, 2015. Amended: SB 642 (95 KB) Effective: Jan. 2, 2015 Redefines adequate supply as seven marijuana plants, whether immature or mature, and four ounces of usable marijuana at any given time; stipulates that physician recommendations will have to be made by the qualifying patients primary care physician. Department of Public Safety Narcotics Enforcement Division 3375 Koapaka Street, Suite D-100 Honolulu, HI 96819 Phone: 808-837-8470 Fax: 808-837-8474 HI Medical Marijuana Application info Information provided by the state on sources for medical marijuana: Hawaii law does not authorize any person or entity to sell or dispense marijuana... Hawaii law authorizes the medical use of marijuana, it does not authorize the distribution of marijuana (Dispensaries) other than the transfer from a qualifying patients primary caregiver to the qualifying patient. (accessed Jan. 11, 2010) Patient Registry Fee: $25 Accepts other states registry ID cards? No Registration: Mandatory 9. Illinois House Bill 1 (385 KB) Approved: Apr. 17, 2013 by House, 61-57 and May 17, 2013 by Senate, 35-21 Signed into law by Gov. Pat Quinn on Aug. 1, 2013 Effective: Jan. 1, 2014 The Compassionate Use of Medical Cannabis Pilot Program Act establishes a patient registry program, protects registered qualifying patients and registered designated caregivers from arrest, prosecution, or denial of any right or privilege, and allows for the registration of cultivation centers and dispensing organizations. Once the act goes into effect, a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. Approved Conditions: Cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, ALS, muscular dystrophy, Crohns disease, agitation of Alzheimers disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or one or more injuries that significantly interferes with daily activities as documented by the patients provider; and a severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy induced anorexia, wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms. Possession/Cultivation: Adequate supply is defined as 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source. The law does not allow patients or caregivers to cultivate cannabis. Governor Pat Quinns Aug. 1, 2013 signing statement (25 KB) explains key points of the law and notes that it is a four-year pilot
Posted on: Tue, 26 Nov 2013 20:47:05 +0000