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This section contains medical marijuana laws in various incarnations, from federal laws to state law and local ordinances in 11 states.
Federal Laws
Federal Marijuana Law
Excerpted from ASA's 2007 California Legal Manual, this article discusses the federal government's legal stance on medical marijuana and the conflict between federal and state law.
The Controlled Substances Act
"The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V is the classification used for the least dangerous drugs. The act also provides a mechanism for substances to be controlled, added to a schedule, decontrolled, removed from control, rescheduled, or transferred from one schedule to another." The law also outlines offenses and penalties.
The Role of State Law Enforcement
This paper, prepared in 2002 by Judy Appel & Daniel Abrahamson of the Drug Policy Alliance, explains that state law enforcement officials have an obligation to uphold state law, not federal law.
Alaska's Medical Marijuana Laws
Measure 8
The voter initiative, approved in 1998 by 58 percent of voters, created Alaska's medical marijuana law, which affords a legal defense to non-registered patients and those who can demonstrate adequate need to possess large quantities of medical marijuana.
Alaskan Senate Bill 94
This bill, passed in June 1999, modifies the law created by Measure 8, removing legal protections for medical marijuana patients who refuse to register with the state health department, or who possess greater amounts of marijuana than authorized by state law.
Alaska Statute Title 17, Chapter 37: "Medical Uses of Marijuana"
The current, enforced version of the law.
Marijuana laws in Alaska according to NORML
Info about criminal statues regarding marijuana in Alaska, as well as decriminlaization and medical laws.
Becoming a Patient in Alaska
California's Medical Marijuana Laws
Proposition 215, the "Compassionate Use Act"
The Compassionate Use Act is a voter initative, passed in 1996, that made California the first state to legalize marijuana for medical use
California Senate Bill 420
This bill was passed in 2004 with the following purpose: "(1) Clarify the scope of the application of the act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers. (2) Promote uniform and consistent application of the act among the counties within the state. (3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects."
California County and City Medical Marijuana Laws
Municipalities and counties in CA have chosen in some cases to create their own guidelines to further clarify the 1996 Compassionate Use Act and SB 420. This listing gives up-to-date guidelines for counties that have implemented them.
CA Attorney General Clarifies State/Federal Conflict on Medical Marijuana Law
AG Bill Lockyer states in an appellate court brief that "it is not the province of state courts to enforce federal laws." Further action is needed to have the AG spread the message far and wide.
Marijuana laws in California according to NORML
Info about criminal statues regarding marijuana in Alaska, as well as decriminlaization and medical laws.
Becoming a Patient in California
Colorado's Medical Marijuana Laws
Amendment 20 to Colorado's State Constitution
In November of 2000, voters of the state of Colorado passed Amendment 20 to the state's constitution which effectively legalized medicinal marijuana.
Colorado Board of Health Rules and Regulations Pertaining to Medical Use of Marijuana
These rules create a confidential statewide registry of medical marijuana patients and caregivers with ID cards for all registered patients.
Marijuana laws in Colorado according to NORML
Info about criminal statues regarding marijuana in Colorado, as well as decriminlaization and medical laws.
Becoming a Patient in Colorado
Hawaii's Medical Marijuana Laws
Hawaii State Bill on Medical Marijuana
In June of 2000, Hawaii passed SB 862 HD1, which made Hawaii the first state whose legislature, as opposed to voter initiative, legalized marijuana for medical use.
Marijuana laws in Hawaii according to NORML
Info about criminal statues regarding marijuana in Hawaii, as well as decriminlaization and medical laws.
Becoming a Patient in Hawaii
Maine's Medical Marijuana Laws
Maine Medical Marijuana Act of 1998
The State of Maine enacted the Maine Medical Marijuana Act of 1998 to protect patients who find therapeutic and palliative benefits from using marijuana to be protected from civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding that use. The Act is intended to permit patients who may benefit from the medical use of marijuana to be able to discuss freely with, and seek advice from their physician on the possible risks and benefits of medical marijuana use.
Marijuana laws in Maine according to NORML
Info about criminal statues regarding marijuana in Maine, as well as decriminlaization and medical laws.
Becoming a Patient in Maine
Maryland's Medical Marijuana Laws
Maryland Senate Bill 502
In 2003 Maryland became the ninth state to legalize the medical use of marijuana. The bill applies to defendants possessing less than one ounce of marijuana and who can prove they used marijuana out of medical necessity and with a doctor's recommendation. Under Maryland's medical marijuana law, patients are protected from a criminal record and possible imprisonment. The maximum penalty for possession of marijuana by a patient with a valid doctor's recommendation is $100. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signed the measure despite intense pressure from the Bush administration to veto it.
Marijuana laws in Maryland according to NORML
Info about criminal statues regarding marijuana in Maryland, as well as decriminlaization and medical laws.
Becoming a Patient in Maryland
Montana's Medical Marijuana Laws
Montana Voter Initiative I-148
In November 2004, Montana voters by a significant margin (62 percent) passed Initiative I-148, allowing certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision.
Marijuana laws in Montana according to NORML
Info about criminal statues regarding marijuana in Montana as well as decriminlaization and medical laws.
Becoming a Patient in Montana
Nevada's Medical Marijuana Laws
Nevada Revised Statute 453A (Question 9)
On November 7, 2000, 65% of Nevada voters approved Question 9 which amended the States' constitution to recognize the medical use of marijuana. Question 9 took effect on October 1, 2001 and 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. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Marijuana laws in Nevada according to NORML
Info about criminal statues regarding marijuana in Nevada, as well as decriminlaization and medical laws.
Becoming a Patient in Nevada
Oregon's Medical Marijuana Laws
The Oregon Medical Marijuana Act (Oregon Revised Statutes 475.300 to 475.346)
The Oregon Medical Marijuana Act was passed by Oregon voters on November 3, 1998, and went into effect on December 3, 1998.
Marijuana laws in Oregon according to NORML
Info about criminal statues regarding marijuana in Oregon, as well as decriminlaization and medical laws.
Becoming a Patient in Oregon
Vermont's Medical Marijuana Laws
18 V.S.A. Chapter 86
This legislation created an exemption in state law from criminal penalties for the use of marijuana to alleviate the symptoms or effects of a debilitating medical condition. The law also creates a registry of individuals who are eligible to receive this exemption.
Marijuana laws in Vermont according to NORML
Info about criminal statues regarding marijuana in Vermont, as well as decriminlaization and medical laws.
Becoming a Patient in Vermont
Washington's Medical Marijuana Laws
Revised Code of Washington, Chapter 69.51A
Fifty-nine percent of voters approved Initiative 692 on November 3, 1998. Initiative 692 created Chapter 69.51A RCW, which allows patients with terminal illnesses and persons with some chronic diseases described in the law to use and possess marijuana once they've received appropriate documentation from their physician. The law protects the physicians and primary caregivers of these patients against criminal prosecution and/or penalizing administrative actions by the state of Washington. Law only gives an affirmative defense at trial, not a protection from arrest.
Marijuana laws in Washington according to NORML
Info about criminal statues regarding marijuana in Washington, as well as decriminlaization and medical laws
Federal Laws
Federal Marijuana Law
Excerpted from ASA's 2007 California Legal Manual, this article discusses the federal government's legal stance on medical marijuana and the conflict between federal and state law.
The Controlled Substances Act
"The CSA places all substances that are regulated under existing federal law into one of five schedules. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V is the classification used for the least dangerous drugs. The act also provides a mechanism for substances to be controlled, added to a schedule, decontrolled, removed from control, rescheduled, or transferred from one schedule to another." The law also outlines offenses and penalties.
The Role of State Law Enforcement
This paper, prepared in 2002 by Judy Appel & Daniel Abrahamson of the Drug Policy Alliance, explains that state law enforcement officials have an obligation to uphold state law, not federal law.
Alaska's Medical Marijuana Laws
Measure 8
The voter initiative, approved in 1998 by 58 percent of voters, created Alaska's medical marijuana law, which affords a legal defense to non-registered patients and those who can demonstrate adequate need to possess large quantities of medical marijuana.
Alaskan Senate Bill 94
This bill, passed in June 1999, modifies the law created by Measure 8, removing legal protections for medical marijuana patients who refuse to register with the state health department, or who possess greater amounts of marijuana than authorized by state law.
Alaska Statute Title 17, Chapter 37: "Medical Uses of Marijuana"
The current, enforced version of the law.
Marijuana laws in Alaska according to NORML
Info about criminal statues regarding marijuana in Alaska, as well as decriminlaization and medical laws.
Becoming a Patient in Alaska
California's Medical Marijuana Laws
Proposition 215, the "Compassionate Use Act"
The Compassionate Use Act is a voter initative, passed in 1996, that made California the first state to legalize marijuana for medical use
California Senate Bill 420
This bill was passed in 2004 with the following purpose: "(1) Clarify the scope of the application of the act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers. (2) Promote uniform and consistent application of the act among the counties within the state. (3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects."
California County and City Medical Marijuana Laws
Municipalities and counties in CA have chosen in some cases to create their own guidelines to further clarify the 1996 Compassionate Use Act and SB 420. This listing gives up-to-date guidelines for counties that have implemented them.
CA Attorney General Clarifies State/Federal Conflict on Medical Marijuana Law
AG Bill Lockyer states in an appellate court brief that "it is not the province of state courts to enforce federal laws." Further action is needed to have the AG spread the message far and wide.
Marijuana laws in California according to NORML
Info about criminal statues regarding marijuana in Alaska, as well as decriminlaization and medical laws.
Becoming a Patient in California
Colorado's Medical Marijuana Laws
Amendment 20 to Colorado's State Constitution
In November of 2000, voters of the state of Colorado passed Amendment 20 to the state's constitution which effectively legalized medicinal marijuana.
Colorado Board of Health Rules and Regulations Pertaining to Medical Use of Marijuana
These rules create a confidential statewide registry of medical marijuana patients and caregivers with ID cards for all registered patients.
Marijuana laws in Colorado according to NORML
Info about criminal statues regarding marijuana in Colorado, as well as decriminlaization and medical laws.
Becoming a Patient in Colorado
Hawaii's Medical Marijuana Laws
Hawaii State Bill on Medical Marijuana
In June of 2000, Hawaii passed SB 862 HD1, which made Hawaii the first state whose legislature, as opposed to voter initiative, legalized marijuana for medical use.
Marijuana laws in Hawaii according to NORML
Info about criminal statues regarding marijuana in Hawaii, as well as decriminlaization and medical laws.
Becoming a Patient in Hawaii
Maine's Medical Marijuana Laws
Maine Medical Marijuana Act of 1998
The State of Maine enacted the Maine Medical Marijuana Act of 1998 to protect patients who find therapeutic and palliative benefits from using marijuana to be protected from civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding that use. The Act is intended to permit patients who may benefit from the medical use of marijuana to be able to discuss freely with, and seek advice from their physician on the possible risks and benefits of medical marijuana use.
Marijuana laws in Maine according to NORML
Info about criminal statues regarding marijuana in Maine, as well as decriminlaization and medical laws.
Becoming a Patient in Maine
Maryland's Medical Marijuana Laws
Maryland Senate Bill 502
In 2003 Maryland became the ninth state to legalize the medical use of marijuana. The bill applies to defendants possessing less than one ounce of marijuana and who can prove they used marijuana out of medical necessity and with a doctor's recommendation. Under Maryland's medical marijuana law, patients are protected from a criminal record and possible imprisonment. The maximum penalty for possession of marijuana by a patient with a valid doctor's recommendation is $100. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signed the measure despite intense pressure from the Bush administration to veto it.
Marijuana laws in Maryland according to NORML
Info about criminal statues regarding marijuana in Maryland, as well as decriminlaization and medical laws.
Becoming a Patient in Maryland
Montana's Medical Marijuana Laws
Montana Voter Initiative I-148
In November 2004, Montana voters by a significant margin (62 percent) passed Initiative I-148, allowing certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision.
Marijuana laws in Montana according to NORML
Info about criminal statues regarding marijuana in Montana as well as decriminlaization and medical laws.
Becoming a Patient in Montana
Nevada's Medical Marijuana Laws
Nevada Revised Statute 453A (Question 9)
On November 7, 2000, 65% of Nevada voters approved Question 9 which amended the States' constitution to recognize the medical use of marijuana. Question 9 took effect on October 1, 2001 and 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. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients.
Marijuana laws in Nevada according to NORML
Info about criminal statues regarding marijuana in Nevada, as well as decriminlaization and medical laws.
Becoming a Patient in Nevada
Oregon's Medical Marijuana Laws
The Oregon Medical Marijuana Act (Oregon Revised Statutes 475.300 to 475.346)
The Oregon Medical Marijuana Act was passed by Oregon voters on November 3, 1998, and went into effect on December 3, 1998.
Marijuana laws in Oregon according to NORML
Info about criminal statues regarding marijuana in Oregon, as well as decriminlaization and medical laws.
Becoming a Patient in Oregon
Vermont's Medical Marijuana Laws
18 V.S.A. Chapter 86
This legislation created an exemption in state law from criminal penalties for the use of marijuana to alleviate the symptoms or effects of a debilitating medical condition. The law also creates a registry of individuals who are eligible to receive this exemption.
Marijuana laws in Vermont according to NORML
Info about criminal statues regarding marijuana in Vermont, as well as decriminlaization and medical laws.
Becoming a Patient in Vermont
Washington's Medical Marijuana Laws
Revised Code of Washington, Chapter 69.51A
Fifty-nine percent of voters approved Initiative 692 on November 3, 1998. Initiative 692 created Chapter 69.51A RCW, which allows patients with terminal illnesses and persons with some chronic diseases described in the law to use and possess marijuana once they've received appropriate documentation from their physician. The law protects the physicians and primary caregivers of these patients against criminal prosecution and/or penalizing administrative actions by the state of Washington. Law only gives an affirmative defense at trial, not a protection from arrest.
Marijuana laws in Washington according to NORML
Info about criminal statues regarding marijuana in Washington, as well as decriminlaization and medical laws
