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Legal Status of Medical Cannabis in the United States: Laws, Fees, & Possession Limit

Discussion in 'Drug Policy Reform & Narco Politics' started by Phungushead, Aug 10, 2014.

  1. Phungushead

    Phungushead Twisted Depiction Staff Member Administrator

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    Long, but I found this to be a pretty interested document.

    [​IMG]

    I. Summary Chart: 23 states and DC have enacted laws to legalize medical marijuana


    Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
    State Year Passed How Passed (Yes Vote) Fee Possession Limit Accepts other states' registry ID cards?
    1. Alaska 1998 Ballot Measure 8 (58%) $25/$20 1 oz usable; 6 plants (3 mature, 3 immature) No
    2. Arizona 2010 Proposition 203 (50.13%) $150/$75 2.5 oz usable; 0-12 plants Yes
    3. California 1996 Proposition 215 (56%) $66/$33 8 oz usable; 6 mature or 12 immature plants No
    4. Colorado 2000 Ballot Amendment 20 (54%) $15 2 oz usable; 6 plants (3 mature, 3 immature) No
    5. Connecticut 2012 House Bill 5389 (96-51 House, 21-13 Senate) $100 One-month supply (exact amount to be determined) No
    6. DC 2010 Amendment Act B18-622 (13-0 vote) $100/$25 2 oz dried; limits on other forms to be determined No
    7. Delaware 2011 Senate Bill 17 (27-14 House, 17-4 Senate) $125 6 oz usable No
    8. Hawaii 2000 Senate Bill 862 (32-18 House; 13-12 Senate) $25 3 oz usable; 7 plants (3 mature, 4 immature) No
    9. Illinois 2013 House Bill 1 (61-57 House; 35-21 Senate) TBD 2.5 ounces of usable cannabis during a period of 14 days No
    10. Maine 1999 Ballot Question 2 (61%) No fee 2.5 oz usable; 6 plants Yes
    11. Maryland 2014 House Bill 881 (125-11 House; 44-2 Senate) TBD 30-day supply, amount to be determined No
    12. Massachusetts 2012 Ballot Question 3 (63%) $50 60-day supply for personal medical use unknown
    13. Michigan 2008 Proposal 1 (63%) $100/$25 2.5 oz usable; 12 plants Yes
    14. Minnesota 2014 Senate Bill 2470 (46-16 Senate; 89-40 House) $200/$50 30-day supply of non-smokable marijuana No
    15. Montana 2004 Initiative 148 (62%) $75 1 oz usable; 4 plants (mature); 12 seedlings No
    16. Nevada 2000 Ballot Question 9 (65%) $100 1 oz usable; 7 plants (3 mature, 4 immature) Yes
    17. New Hampshire 2013 House Bill 573 (284-66 House; 18-6 Senate) TBD Two ounces of usable cannabis during a 10-day period Yes
    18. New Jersey 2010 Senate Bill 119 (48-14 House; 25-13 Senate) $200/$20 2 oz usable No
    19. New Mexico 2007 Senate Bill 523 (36-31 House; 32-3 Senate) No fee 6 oz usable; 16 plants (4 mature, 12 immature) No
    20. New York 2014 Assembly Bill 6357 (117-13 Assembly; 49-10 Senate) $50 30-day supply non-smokable marijuana No
    21. Oregon 1998 Ballot Measure 67 (55%) $200/$60 24 oz usable; 24 plants (6 mature, 18 immature) No
    22. Rhode Island 2006 Senate Bill 0710 (52-10 House; 33-1 Senate) $75/$10 2.5 oz usable; 12 plants Yes
    23. Vermont 2004 Senate Bill 76 (22-7) HB 645 (82-59) $50 2 oz usable; 9 plants (2 mature, 7 immature) No
    24. Washington 1998 Initiative 692 (59%) No fee 24 oz usable; 15 plants No



    Notes:


    a. Residency Requirement

    20 of the 23 states require proof of residency to be considered a qualifying patient for medical marijuana use. Only Oregon has announced that it will accept out-of-state applications. The Illinois law does not appear to have a residency requirement, but it is unknown whether the program rules will address this matter.


    b. Home Cultivation

    Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), stated the following in a May 29, 2014 email to ProCon.org:
    "Some or all patients and/or their caregivers can cultivate in 15 of the 23 states. Home cultivation is not allowed in Connecticut, Delaware, Illinois, Maryland, Minnesota, New Hampshire, New Jersey, New York, or the District of Columbia and a special license is required in New Mexico. In Arizona, patients can only cultivate if they lived 25 miles or more from a dispensary when they applied for their card. In Massachusetts, patients can only cultivate if they have a hardship waiver. In Nevada, patients can cultivate if they live more than 25 miles from a dispensary, if they are not able to reasonably travel to a dispensary, or if no dispensaries in the patients' counties are able to supply the strains they need. In addition, Nevada patients who were growing by July 1, 2013 may continue grow until March 31, 2016.
    c. Patient Registration: Mandatory vs. Voluntary

    Karen O'Keefe, JD , Director of State Policies for Marijuana Policy Project (MPP), stated the following in a July 7, 2014 email to ProCon.org:
    "Affirmative defenses, which protect from conviction but not arrest, are or may be available in several states even if the patient doesn't have an ID card: Rhode Island, Maryland, Michigan, Colorado, Nevada, Oregon, and, in some circumstances, Delaware. Hawaii also has a separate 'choice of evils' defense. Patient ID cards are voluntary in Maine and California, but in California they offer the strongest legal protection. In Delaware, the defense is only available between when a patient submits a valid application and receives their ID card.

    The states with no protection unless you're registered are: Alaska (except for that even non-medical use is protected in one's home due to the state constitutional right to privacy), Arizona, Connecticut, Montana, New Hampshire, New York, Vermont, Minnesota, New Mexico, and New Jersey. Washington, D.C. also requires registration."
    d. Cannabidiol (CBD) Bills (Alabama, Florida, Iowa, Kentucky, Mississippi, Missouri, South Carolina, Tennessee, Utah, Wisconsin)

    Cannabidiol is one of the 400+ ingredients found in marijuana and is not psychoactive.

    1. On Mar. 21, 2014, Utah Governor Gary Herbert signed HB 105, known as "Charlee's Law," which allows the use and possession of marijuana extract, under certain conditions, by people with intractable epilepsy who have a statement signed by a neurologist. The extract must be composed of less than 0.3% tetrahydrocannabinol (THC) and at least 15% cannabidiol (CBD) by weight, and may not contain any other psychoactive substance. The law goes into effect on July 1, 2014. The extract must be obtained in a sealed container from a laboratory that is licensed in the state where it was produced, with a label stating the extract's ingredients and origin, and transmitted by the laboratory to the Utah Department of Health. The Utah Department of Health is required to determine the details of the registration program.

    Kristen Stewart of the Salt Lake Tribune wrote in her article "Utah Families Celebrate Passage of Cannabis 'Charlee's Law,'" dated Mar. 25, 2014:
    "HB105 gives Utahns with epilepsy trial access to a non-intoxicating, seizure-stopping cannabis oil. But it doesn't take effect until July 1, 2014, and until then, Utahns can't legally possess cannabis oil. And obtaining it after that date will still risk violating federal law — and require jumping through a set of still-vaguely defined hoops.Currently, patients will need to travel to states where medical marijuana is legal and import cannabis oil themselves. Doing so remains technically a violation of federal law."
    2. On Apr. 1, 2014, Alabama Governor Robert Bentley signed SB 174, known as "Carly's Law," which allows an affirmative defense against prosecution for CBD possession by people suffering from a debilitating epileptic condition. The law states that "a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [University of Alabama at Birmingham] Department for a debilitating epileptic condition." Since marijuana is illegal under federal laws, doctors are not allowed to write "prescriptions" for it. The states that have legal medical marijuana allow doctors to "recommend" it.

    3. On Apr. 10, 2014, Kentucky Governor Steve Beshear signed SB 124. The law excludes from the definition of marijuana the "substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine."

    4. On Apr. 16, 2014, Wisconsin Governor Scott Walker signed AB 726, which states that "any physician may provide an individual with a hard copy of a letter or other official documentation stating that the individual possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form without a psychoactive effect." A release from the Governor's office characterizes the law as "clearing the way for a new treatment for children suffering from seizure disorders, pending FDA approval."

    5. On Apr. 17, 2014, Mississippi Governor Phil Bryant signed HB 1231, known as "Harper Grace's Law," which allows for cannabis extract, oil, or resin that contains more than 15% CBD and less than 0.5% THC. "The CBD oil must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center." The law also provides an affirmative defense for defendants suffering from a debilitating epileptic condition who accessed the CBD oil in accordance with the requirements set forth in the bill and is effective July 1, 2014.

    Governor Bryant released the following statement to the media on Apr. 17, 2014:
    "The bill I signed into law today will help children who suffer from severe seizure disorders. Throughout the legislative process I insisted on the tightest controls and regulations for this measure, and I have been assured by the Mississippi Bureau of Narcotics that CBD oil is not an intoxicant. The outcome is a bill that allows this substance to be used therapeutically as is the case for other controlled prescription medications. I remain opposed to any effort that would attempt to legalize marijuana or its derivatives outside of the confines of this bill."
    6. On May 16, 2014, Tennessee Governor Bill Haslam signed SB 2531 into law. The bill allows the use of cannabis oil containing cannabidiol (CBD) that has less than 0.9% THC "as part of a clinical research study on the treatment of intractable seizures when supervised by a physician practicing at... a university having a college or school of medicine." The study is authorized for four years.

    7. On May 30, 2014, Iowa Governor Terry Branstad signed SF 2360 into law, saying "This bill received tremendous support and truly shows the power of people talking to their legislators and to their governor about important issues to them, to their families and to their children." The bill allows the possession or use of cannabidiol that has less than 3% tetrahydrocannabinol [THC] for the treatment of intractable epilepsy with the written recommendation of a neurologist. The bill states that the cannabidiol must be obtained from an out-of-state source and "recommended for oral or transdermal administration" (non-smoked).

    8. On June 2, 2014, South Carolina Governor Nikki Haley signed S 1035 into law. "Julian's Law" pertains to people who obtain a written certification signed by a physician "stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol." Those patients may use CBD oil that is less than 0.9% THC and more than 15% cannabidiol, which is to be provided by the Medical University of South Carolina in a study to determine the effects of CBD on controlling seizures.

    9. On June 16, 2014, Florida Governor Rick Scott signed SB 1030 into law, which allows the use of non-smoked cannabis oil that is less than 0.8% THC and more than 10% cannabidiol by certain patients with cancer, chronic seizures, or severe muscle spasms. Gov. Scott stated the following in a news release from his office:
    "As a father and grandfather, you never want to see kids suffer. The approval of Charlotte's Web [a low-THC cannabis oil used to treat illnesses such as epilepsy in children] will ensure that children in Florida who suffer from seizures and other debilitating illnesses will have the medication needed to improve their quality of life. I am proud to stand today with families who deserve the ability to provide their children with the best treatment available."
    10. On July 14, 2014, Missouri Governor Jay Nixon signed HB 2238 into law, which allows the use of cannabis oil that is at least 5% CBD and less than 0.3% THC for intractable epilepsy. The bill requires a neurologist to determine that the patient did not respond to at least three treatment options to be eligible to use the marijuana extract.


    e. Maryland Laws Prior to Legalization

    Prior to Maryland becoming the 21st state to legalize medical marijuana, it had passed laws that, although favorable to medical marijuana, did not legalize its use. Senate Bill 502, the "Darrell Putman Bill" (Resolution #0756-2003) was approved in the state senate by a vote of 29-17, signed into law by Gov. Robert L. Ehrlich, Jr. on May 22, 2003, and took effect on Oct. 1, 2003. The law allows defendants being prosecuted for the use or possession of marijuana to introduce evidence of medical necessity and physician approval, to be considered by the court as a mitigating factor. If the court finds that the case involves medical necessity, the maximum penalty is a fine not exceeding $100. The law does not protect users of medical marijuana from arrest nor does it establish a registry program.

    On May 10, 2011, Maryland Governor Martin O'Malley signed SB 308, into law. SB 308 removed criminal penalties for medical marijuana patients who meet the specified conditions, but patients are still subject to arrest. The bill provides an affirmative defense for defendants who have been diagnosed with a debilitating medical condition that is "severe and resistant to conventional medicine." The affirmative defense does not apply to defendants who used medical marijuana in public or who were in possession of more than one ounce of marijuana. The bill also created a Work Group to "develop a model program to facilitate patient access to marijuana for medical purposes."

    Maryland passed two medical marijuana-related laws in 2013. HB 180, signed into law by Governor O'Malley on Apr. 9, 2013, provides an affirmative defense to a prosecution for caregivers of medical marijuana patients. HB 1101 (200 KB), signed into law by Governor O'Malley on May 2, 2013, allows for the investigational use of marijuana for medical purposes by "academic medical centers." The University of Maryland Medical System and Johns Hopkins University indicated they would not participate.


    f. United States Attorneys' Letters to Legal States

    Several states with legal medical marijuana received letters from their respective United States Attorney's offices explaining that marijuana is a Schedule I substance and that the federal government considers growing, distribution, or possession of marijuana to be a federal crime regardless of the state laws. An Aug. 29, 2013 Department of Justice memo clarified the government's prosecutorial priorities and stated that the federal government would rely on state and local law enforcement to "address marijuana activity through enforcement of their own narcotics laws."


    g. Symbolic Medical Marijuana Laws, 1979-1991

    Between Mar. 27, 1979 and July 23, 1991, five US states enacted laws that legalized medical marijuana with a physician's prescription, however, those laws are considered symbolic because federal law prohibits physicians from "prescribing" marijuana, a schedule I drug.

    The five states were Virginia (Mar. 27, 1979), New Hampshire (Apr. 23, 1981), Connecticut (July 1, 1981), Wisconsin (Apr. 20, 1988), and Louisiana (July 23, 1991).


    II. Details by State: 23 states and DC that have enacted laws to legalize medical marijuana


    [​IMG] 1. Alaska

    Ballot Measure 8 -- 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
    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

    BVSSpecialServices@health.state.ak.us

    Website: AK Marijuana Registry Online
    Information provided by the state on sources for medical marijuana: No information is provided
    Patient Registry Fee: $25 new application/$20 renewal
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 2. Arizona

    Ballot Proposition 203: "Arizona Medical Marijuana Act" -- Approved Nov. 2, 2010 by 50.13% of voters

    Allows registered qualifying patients (who must have a physician's 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 patient's 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, Crohn's disease, Alzheimer's disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (including epilepsy), severe or persistent muscle spasms (including multiple sclerosis). Starting Jan.1, 2015, PTSD will be added to the list.

    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.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
    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."
    [Editor's 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 state's first dispensary, Arizona Organix, opened in Glendale.]

    Arizona Department of Health Services (ADHS)
    Medical Marijuana Program
    150 North 18th Avenue
    Phoenix, Arizona 85007
    Phone: 602-542-1025

    Website: Arizona Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient's 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," Mar. 25, 2010
    Patient Registry Fee: $150 / $75 for Supplemental Nutrition Assistance Program participants
    Accepts other states' registry ID cards? Yes, but does not permit visiting patients to obtain marijuana from an Arizona dispensary
    Registration: Mandatory


    [​IMG] 3. California

    Ballot Proposition 215 -- 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
    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 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."

    Challenge to Possession Limits: On Jan. 21, 2010, the California Supreme Court affirmed (S164830) 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 hxxp://www.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 General's Guidelines: On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the state's laws. Read more about the guidelines here.

    California Department of Public Health
    Public Health Policy and Research Branch
    Attention: Medical Marijuana Program Unit
    MS 5202
    P.O. Box 997377
    Sacramento, CA 95899-7377
    Phone: 916-552-8600
    Fax: 916-440-5591

    mmpinfo@cdph.ca.gov

    Website: CA Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "The MMP is not authorized to provide information on acquiring marijuana or other related products." "Medical Marijuana Program Frequently Asked Questions," cdph.ca.gov(accessed Apr. 24, 2014)

    "The California Department of Public Health administers the Medical Marijuana Identification Card (MMIC) program only and does not have any information regarding dispensaries, growing collectives, etc…" "Dispensaries, Cooperatives and Collectives," cdph.ca.gov(accessed Apr. 24, 2014)
    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


    [​IMG] 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 and Senate Bill 109
    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."
    Colorado Department of Public Health and Environment
    Medical Marijuana Registry
    HSV-8608
    4300 Cherry Creek Drive South
    Denver, CO 80246-1530
    Phone: 303-692-2184

    medical.marijuana@state.co.us

    Website: CO Medical Marijuana Registry

    Information provided by the state on sources for medical marijuana:
    The Marijuana Enforcement Division (MED) website provides a list of licensed Medical Marijuana Centers, which are retail operations "from which Medical Marijuana Registry patients purchase Medical Marijuana and Medical Marijuana infused products." MED "is responsible for the regulation of both the Medical and Retail Marijuana industries, each of which have separate and distinct statute and rules under which they operate."
    Patient Registry Fee: $15 (effective Feb. 1, 2014)
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 5. Connecticut

    HB 5389 -- 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], Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn's disease, posttraumatic stress disorder, or... any 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."

    Updates: 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 were posted on Jan. 16, 2013.

    On Apr. 3, 2014, the Connecticut Department of Consumer Protection announced the names and locations of the first six dispensary facilities that will be authorized by the state. The announcement stated that marijuana products were expected to be available "sometime this summer."

    Department of Consumer Protection (DCP)
    165 Capitol Avenue, Room 145
    Hartford, CT 06106
    Phone: 860-713-6006
    Toll-Free: 800-842-2649

    dcp.mmp@ct.gov

    Website: CT Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "Only producers licensed by the Department of Consumer Protection will be authorized to cultivate marijuana. At any one time, the number of licensed producers shall be at least three and not more than 10." "Dispensary Facility and Producer FAQs," ct.gov, Sep. 11, 2013
    Patient Registry Fee: $100
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 6. DC (District of Columbia)

    Amendment Act B18-622 "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, cancer, glaucoma, conditions characterized by severe and persistent muscle spasms, such as multiple sclerosis; patients undergoing chemotherapy or radiotherapy, or using azidothymidine or protease inhibitors.

    Possession/Cultivation: "Patients are permitted to purchase up to two (2) ounces of dried medical marijuana per month or the equivalent of two ounces of dried medical marijuana when sold in any other form." ("Patient FAQ," doh.dc.gov, May 2013)

    Updates:
    On Apr. 14, 2011, Mayor Vincent C. Gray announced the adoption of an emergency amendment 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 was posted online on Jan. 3, 2012.

    On Feb. 14, 2012, the DC Department of Health's 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.

    Health Regulation and Licensing Administration
    899 N. Capitol Street, NE
    2nd Floor
    Washington, DC 20002
    Phone: 202-442-5955

    doh.mmp@dc.gov

    Website: Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    Patients and caregivers "may only obtain medical marijuana from the dispensary designated on your registration identification card and may not: (a)grow or cultivate medical marijuana); b)purchase medical marijuana through street vendors; or (c) obtain medical marijuana from other patients and caregivers." ("Patient FAQ," doh.dc.gov, May 2013)
    Patient Registry Fee: $100 initial or renewal fee /$25 for low income patients
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 7. Delaware

    Senate Bill 17
    -- 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 (Hepatitis C), ALS, Alzheimer's disease. Also approved for "a chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis."

    "Post-traumatic stress disorder (PTSD) can qualify as a debilitating medical condition when it manifests itself in severe physical suffering, such as severe or chronic pain or severe nausea and vomiting, or otherwise severely impairs the patient's physical ability to carry on the activities of daily living."
    ("Medical Marijuana Questions & Answers," dhss.delaware.gov (accessed Apr. 21, 2014))

    Possession/Cultivation: Patients 18 and older with certain debilitating conditions may possess up to six ounces of marijuana with a doctor's 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."

    Updates: 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:
    "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 state's 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

    MedicalMarijuanaDPH@state.de.us

    Website: DE Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "The Department will issue a permit to the compassion center to begin growing medical marijuana on July 1, 2014. The policy change will allow medical marijuana patients in Delaware to buy the drug in a state-regulated center... The center will only be allowed to cultivate up to 150 marijuana plants, and keep inventory of no more than 1,500 ounces of the drug." ("Medical Marijuana Questions & Answers," dhss.delaware.gov (accessed Apr. 21, 2014))
    Patient Registry Fee: $125 (a sliding scale fee is available based on income)
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 8. Hawaii

    Senate Bill 862 -- 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 Crohn's 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
    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
    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 patient's 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

    hawaiicsreg@ned.hawaii.gov

    Website: 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 patient's primary caregiver to the qualifying patient." ("Hawaii Medical Use of Marijuana Physician and Patient Information," dps.hawaii.gov, Sep. 2011)
    Patient Registry Fee: $25
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 9. Illinois

    House Bill 1
    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: "Debilitating medical conditions include 40 chronic diseases and conditions: cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease (including but not limited to arachnoiditis), Tarlov cysts, hydromyelia syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomelia, Spinocerebellar Ataxia (SCA), Parkinson's Disease, Tourette Syndrome, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndrome Type II), Neurofibromatosis, Chronic inflammatory Demyelinating Polyneuropathy, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's Syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome or residual limb pain; or the treatment of these conditions."

    On July 20, 2014, Gov. Quinn signed Senate Bill 2636, which amended the Compassionate Use of Medical Cannabis Act to allow children under 18 to be treated with non-smokable forms of medical marijuana for the same conditions orginially approved for adults. The bill, which becomes effective Jan. 1, 2015, also added seizures, including those related to epilepsy, to the list of approved conditions.

    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.

    Updates:
    Governor Pat Quinn's Aug. 1, 2013 signing statement explains key points of the law and notes that it is a four-year pilot program.

    On Jan. 21, 2014, the Department of Public Health released a draft of the proposed rules for public comments. The proposal included a fingerprint-based criminal history background check and an annual $150 application fee for qualifying patients. The rules also state that qualifying patients and caregivers "are not eligible for a Firearm Owners Identification Card or a Firearm Concealed Carry License."

    On Apr. 18, 2014, the Department of Health released revised preliminary rules that removed from the previous versions the restrictions on gun owners applying for medical marijuana cards. The application fees were dropped to $100 ($50 for veterans and eligible patients on Social Security Insurance and Social Security Disability Insurance, and $25 for caregivers).

    Illinois Department of Public Health
    Division of Medical Cannabis
    Illinois Department of Public Health
    535 W. Jefferson Street
    Springfield, IL 62761-0001
    Attn: Rulemaking

    DPH.MedicalCannabis@illinois.gov

    Website: Medical Cannabis Program

    Information provided by the state on sources for medical marijuana:
    Cultivation centers and dispensing organizations will be registered by the Department of Agriculture and Department of Financial and Professional Regulation, respectively.
    Patient Registry Fee: To be determined during the rulemaking process ($100 proposed)
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 10. Maine

    Ballot Question 2
    -- Approved Nov. 2, 1999 by 61% of voters
    Effective: Dec. 22, 1999

    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 (1.25) 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
    Effective: Signed into law on Apr. 2, 2002

    Increases the amount of useable marijuana a person may possess from one and one-quarter (1.25) ounces to two and one-half (2.5) ounces.

    Amended: Question 5 -- Approved Nov. 3, 2009 by 59% of voters

    List of approved conditions changed to include cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.

    Instructs the Department of Health and Human Services (DHHS) to establish a registry identification program for patients and caregivers. Stipulates provisions for the operation of nonprofit dispensaries.

    [Editor's Note: An Aug. 19, 2010 email to ProCon.org from Catherine M. Cobb, Director of Maine's Division of Licensing and Regulatory Services, stated: "We have just set up our interface to do background checks on caregivers and those who are associated with dispensaries. They may not have a disqualifying drug offense."]

    Amended:
    LD 1062
    Effective: Enacted without the governor's signature on June 26, 2013

    Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
    Maine Medical Use of Marijuana Program (MMMP)

    Division of Licensing and Regulatory Services
    Department of Health and Human Services
    11 State House Station
    Augusta, ME 04333
    Phone: 207-287-4325

    medmarijuana. dhhs@maine.gov

    Website: Maine Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    A list of dispensaries is available on the MMMP website. "The patient may either cultivate or designate a caregiver or dispensary to cultivate marijuana." ("Program Bulletin," Maine.gov, Sep. 28, 2011)
    Patient Registry Fee: $0, Caregivers pay $300/patient(limit of 5 patients; if not growing marijuana, there is no fee)

    Accepts other states' registry ID cards? Yes
    "Law enforcement will accept appropriate authorization from a participating state, but that patient cannot purchase marijuana in Maine without registering here. That requires a Maine physician and a Maine driver license or other picture ID issued by the state of Maine. The letter from a physician in another state is only good for 30 days." (Aug. 19, 2010 email from Maine's Division of Licensing and Regulatory Services)

    Registration: Voluntary
    "In addition to either a registry ID card or a physician certification form, all patients, including both non-registered and voluntarily registered patients, must also present their Maine driver license or other Maine-issued photo identification card to law enforcement, upon request." ("Program Bulletin," Maine.gov, Sep. 28, 2011)


    [​IMG] 11. Maryland

    House Bill 881
    Approved: Apr. 8, 2014 by House, 125-11 and by Senate, 44-2
    Signed by Gov. Martin O'Malley on Apr. 14, 2014
    Effective: June 1, 2014

    The Natalie M. LaPrade Medical Marijuana Commission and the Maryland Department of Health and Mental Hygiene are tasked with developing regulations for patient registry and identification cards, dispensary licensing, setting fees and possession limits, and more. The Commission will issue yearly request for applications from academic medical centers to operate medical marijuana compassionate use programs.

    Approved diagnosis:
    cachexia, anorexia, or wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, or other conditions approved by the Commission.

    Possession/Cultivation: Patients are allowed to possess a 30-day supply (amount to be determined by the Commission). "Beginning June 1, 2016, the Commission may issue the number of [dispensary] licenses necessary to meet the demand for medical marijuana by qualifying patients and caregivers issued identification cards."

    Maryland Department of Health and Mental Hygiene
    201 West Preston Street
    Baltimore, MD 21201
    Phone: 410-767-6500

    Website: Natalie M. LaPrade Medical Marijuana Commission

    Information provided by the state on sources for medical marijuana:
    "A qualifying patient or caregiver may obtain medical marijuana from a grower’s facility or from a satellite facility of the grower."
    Patient Registry Fee: To be determined by the Commission during the rulemaking process
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 12. Massachusetts

    Ballot Question 3 -- Approved Nov. 6, 2012 by 63% of voters
    Effective: Jan. 1, 2013

    "The citizens of Massachusetts intend that there should be no punishment under state law for qualifying patients, physicians and health care professionals, personal caregivers for patients, or medical marijuana treatment center agents for the medical use of marijuana...

    In the first year after the effective date, the Department shall issue registrations for up to thirty-five non-profit medical marijuana treatment centers, provided that at least one treatment center shall be located in each county, and not more than five shall be located in any one county."

    Approved diagnosis: "Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient’s physician."

    Possession/Cultivation: Patients may possess "no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply...

    Within 120 days of the effective date of this law, the department shall issue regulations defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients, based on the best available evidence."

    "The Department shall issue a cultivation registration to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient’s residence. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the patient or the patient’s personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked facility.

    The department shall issue regulations consistent with this section within 120 days of the effective date of this law. Until the department issues such final regulations, the written recommendation of a qualifying patient's physician shall constitute a limited cultivation registration."

    Updates: The DPH website wrote on Dec. 19, 2013: "Patients who have a physician's written certification for the medical use of marijuana will not be required to register with the Department of Public Health (DPH) on January 1, 2014. DPH will not begin registering patients and caregivers until it completes development of an online registration system, at a date to be announced later in 2014."

    Department of Public Health of the Commonwealth of Massachusetts
    One Ashburton Place
    11th Floor
    Boston, MA 02108
    Phone: 617-624-5062

    medicalmarijuana@state.ma.us

    Website:
    hxxp://www.mass.gov/medicalmarijuana

    Information provided by the state on sources for medical marijuana:
    The state will issue registrations for up to 35 nonprofit medical marijuana treatment centers
    Patient Registry Fee: $50
    Accepts other states' registry ID cards? Unknown
    Registration: Mandatory

    The law stated that "Until the approval of final regulations, written certification by a physician shall constitute a registration card for a qualifying patient."


    [​IMG] 13. Michigan

    Proposal 1 "Michigan Medical Marihuana Act"
    -- Approved by 63% of voters on Nov. 4, 2008
    Approved: Nov. 4, 2008
    Effective: Dec. 4, 2008

    Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, multiple sclerosis, and PTSD.

    Possession/Cultivation:
    Patients may possess up to two and one-half (2.5) ounces of usable marijuana and twelve marijuana plants kept in an enclosed, locked facility. The twelve plants may be kept by the patient only if he or she has not specified a primary caregiver to cultivate the marijuana for him or her.

    Amended: HB 4856
    Effective: Dec. 31, 2012

    Makes it illegal to "transport or possess" usable marijuana by car unless the marijuana is "enclosed in a case that is carried in the trunk of the vehicle." Violation of the law is a misdemeanor "punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both."

    Amended:
    HB 4834
    Effective: Apr. 1, 2013

    Requires proof of Michigan residency when applying for a registry ID card (driver license, official state ID, or valid voter registration) and makes cards valid for two years instead of one.

    Amended: HB 4851
    Effective: Apr. 1, 2013

    Requires a "bona fide physician-patient relationship," defined in part as one in which the physician "has created and maintained records of the patient's condition in accord with medically accepted standards" and "will provide follow-up care;" protects patient from arrest only with registry identification card and valid photo ID.

    Amended: State of Michigan vs. McQueen
    Decided: Feb. 8, 2013

    The Michigan Supreme Court ruled 4-1 that dispensaries are illegal. As a result, medical marijuana patients in Michigan will have to grow their own marijuana or get it from a designated caregiver who is limited to five patients.

    Michigan Medical Marihuana Program
    Bureau of Health Professions, Department of Licensing and Regulatory Affairs
    P.O. Box 30083
    Lansing, MI 48909
    Phone: 517-373-0395

    BHP-MMMPINFO@michigan.gov

    Website: MI Medical Marihuana Program

    Information provided by the state on sources for medical marijuana:
    "This is not addressed in the MMMA, therefore; the MMP is not authorized to provide information regarding this issue... The MMMA provides for a system of designated caregivers... The MMP is not authorized to associate patients and caregivers nor release the names of registered caregivers."
    Patient Registry Fee: $100 new or renewal application / $25 Medicaid patients
    Accepts other states' registry ID cards? Yes
    Registration: Mandatory


    [​IMG] 14. Minnesota

    SF 2470 -- Signed into law by Gov. Mark Dayton on May 29, 2014
    Approved: By Senate 46-16, by House 89-40
    Effective: May 30, 2014

    Approved Conditions: cancer (if the underlying condition or treatment produces severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting), glaucoma, HIV/AIDS, Tourette's syndorme, ALS, seizures/epilepsy, severe and persistent muscle spasms/MS, Crohn's disease, terminal illness with a life expectancy of under one year.

    The commissioner will consider adding intractable pain and other conditions, and must report findings no later than July 1, 2016.

    Possession/Cultivation:
    The Commissioner of Health will register two in-state manufacturers for the production of all medical cannabis within the state. Manufacturers are required to ensure that the medical cannabis distributed contains a maximum of a 30-day supply of the dosage determined for that patient.

    "Medical cannabis" is defined as any species of the genus cannabis plant delivered in the form of (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method that does not require the use of dried leaves or plant form. Smoking is not a method approved by the bill.
    Minnesota Department of Health

    Website: www.health.state.mn.us

    Information provided by the state on sources for medical marijuana:
    Manufacturers shall operate four distribution facilities in the state and must agree to begin supplying medical cannabis to patients by July 1, 2015 from at least one facility.
    Patient Registry Fee: $200 / $50 for patients on Social Security disability, Supplemental Security Insurance, or enrolled in MinnesotaCare
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 15. Montana

    Initiative 148 -- Approved by 62% of voters on Nov. 2, 2004
    Effective: Nov. 2, 2004

    Approved Conditions:
    Cancer, glaucoma, or positive status for HIV/AIDS, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy, or severe or persistent muscle spasms, including spasms caused by multiple sclerosis or Crohn's disease; or any other medical condition or treatment for a medical condition adopted by the department by rule.

    Possession/Cultivation: A qualifying patient and a qualifying patient's caregiver may each possess six marijuana plants and one ounce of usable marijuana. "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.

    Amended:
    SB 423 -- Passed on Apr. 28, 2011 and transmitted to the Governor on May 3, 2011
    Effective: July 1, 2011

    SB 423 changes the application process to require a Montana driver's license or state issued ID card. A second physician is required to confirm a chronic pain diagnosis.

    "A provider or marijuana-infused products provider may assist a maximum of three registered cardholders..." and "may not accept anything of value, including monetary remuneration, for any services or products provided to a registered cardholder."

    Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS when the condition or disease results in symptoms that seriously and adversely affect the patient's health status; Cachexia or wasting syndrome; Severe, chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician; Intractable nausea or vomiting; Epilepsy or intractable seizure disorder; Multiple sclerosis; Chron's Disease; Painful peripheral neuropathy; A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; Admittance into hospice care.

    Possession/Cultivation: Amended to 12 seedlings (less than 12"), four mature flowering plants, and one ounce of usable marijuana.

    On Nov. 6, 2012, Montana voters approved initiative referendum No. 124 by a vote of 56.5% to 43.5%, upholding SB 423.

    Montana Department of Health and Human Services
    Licensure Bureau
    2401 Colonial Drive, 2nd Floor
    P.O. Box 202953
    Helena, MT 59620-2953
    Phone: 406-444-0596

    jbuska@mt.gov

    Website: MT Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "The department does not have information about growing marijuana, but recommends using the internet, family and friends as resources to find information." "Frequently Asked Questions,"
    Patient Registry Fee: $75 new application/$75 renewal
    Accepts other states' registry ID cards? No (reciprocity ended when SB 423 took effect)
    Registration: Mandatory


    [​IMG] 16. Nevada

    Ballot Question 9 -- Approved Nov. 7, 2000 by 65% of voters
    Effective: Oct. 1, 2001

    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, and PTSD. 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, three mature plants, and four immature plants.

    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: Oct. 1, 2001

    Created a state registry for patients whose physicians recommend medical marijuana and tasked the Department of Motor Vehicles with issuing identification cards. No state money will be used for the program, which will be funded entirely by donations.

    Amended: Senate Bill 374
    Signed into law by Gov. Brian Sandoval on June 12, 2013

    "Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana...

    From April 1, 2014, through March 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency. On and after April 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions." Patients who were growing before July 1, 2013 are allowed to continue home cultivation until March 31, 2016.

    Updates: The Department of Health and Human Services adopted regulations based on the previous amendment on April 1, 2014.

    Nevada State Health Division
    4150 Technology Way, Suite 104
    Carson City, NV, 89706
    Phone: 775-687-7594
    Fax: 775-684-4156

    medicalmarijuana@health.nv.gov

    Website: NV Medical Marijuana Program

    Information provided by the state on sources for medical marijuana:
    "The NMMP is not a resource for the growing process and does not have information to give to patients." "Medical Marijuana Frequently Asked Questions," health.nv.gov, Mar. 20, 2014
    Patient Registry Fee: $25 application fee, plus $75 for the card
    Accepts other states' registry ID cards? Yes, starting Apr. 1, 2014 with an affidavit
    Registration: Mandatory


    [​IMG] 17. New Hampshire

    House Bill 573
    Approved: May 23, 2013 by Senate, 18-6 and June 26, 2013 by House, 284-66
    Signed into law by Gov. Maggie Hassan on July 23, 2013
    Effective: Upon passage

    The bill authorizes the use of therapeutic cannabis in New Hampshire, establishes a registry identification card system, allows for the registration of up to four non-profit alternative treatment centers in the state, and establishes an affirmative defense for qualified patients and designated caregivers with valid registry ID cards.

    HB 573 also calls for the creation of a Therapeutic Use of Cannabis Advisory Council, which in five years will be required to "issue a formal opinion on whether the program should be continued or repealed."

    A valid ID card from another medical marijuana state will be recognized as allowing the visiting patient to possess cannabis for therapeutic purposes, but the "visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from alternative treatment centers..."

    Approved Conditions:
    Cancer, glaucoma, positive status for HIV, AIDS, hepatitis C, ALS, muscular dystrophy, Crohn's disease, agitation of Alzheimer's 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 patient's 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: "A qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient's designated caregiver during a 10-day period." A patient may possess two ounces of usable cannabis and any amount of unusable cannabis.

    Updates: On Apr. 3, 2014, the Department of Health and Human Services (DHHS) posted proposed Therapeutic Cannabis Program Registry Rules and began the formal rulemaking process.As of Apr. 23, 2014, the DHHS website stated that it was not currently accepting applications for patient registry identification cards or for alternative treatment center registration certificates.

    New Hampshire Department of Health and Human Services
    Phone: 603-271-9234

    Website: Therapeutic Use of Cannabis Program

    Information provided by the state on sources for medical marijuana:
    HB 537 requires DHHS to register two nonprofit alternative treatment centers within 18 months of the bill's effective date, provided that at least two applicants are qualified. There can be no more than four alternative treatment centers at one time.
    Patient Registry Fee: To be determined during the rulemaking process
    Accepts other states' registry ID cards? Yes
    Registration: Mandatory


    [​IMG] 18. New Jersey

    Senate Bill 119
    Approved: Jan. 11, 2010 by House, 48-14; by Senate, 25-13
    Signed into law by Gov. Jon Corzine on Jan. 18, 2010
    Effective: Six months from enactment

    Protects "patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes" from "arrest, prosecution, property forfeiture, and criminal and other penalties."

    Also provides for the creation of alternative treatment centers, "at least two each in the northern, central, and southern regions of the state. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities."

    Approved Conditions: Seizure disorder, including epilepsy, intractable skeletal muscular spasticity, glaucoma; severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome resulting from HIV/AIDS or cancer; amyotrophic lateral sclerosis (Lou Gehrig's Disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease; terminal illness, if the physician has determined a prognosis of less than 12 months of life or any other medical condition or its treatment that is approved by the Department of Health and Senior Services.

    Possession/Cultivation: Physicians determine how much marijuana a patient needs and give written instructions to be presented to an alternative treatment center. The maximum amount for a 30-day period is two ounces.

    Amended: SB 2842
    Signed into law by Gov. Chris Christie on Sep. 10, 2013 following legislative adoption of his conditional veto

    Allows edible forms of marijuana only for qualifying minors, who must receive approval from a pediatrician and a psychiatrist.

    Updates:
    S119 was supposed to become effective six months after it was enacted on Jan. 18, 2010, but the legislature, DHHS, and New Jersey Governor Chris Christie had difficulty coming to agreement on the details of how the program would be run.

    The New Jersey Department of Health and Senior Services released draft rules outlining the registration and application process on Oct. 6, 2010. A public hearing to discuss the proposed rules was held on Dec. 6, 2010 at the New Jersey Department of Health and Senior Services, according to the New Jersey Register.

    On Dec. 20, 2011, Senator Nicholas Scutari (D), lead sponsor of the medical marijuana bill, submitted Senate Concurrent Resolution (SCR) 140 declaring that the "Board of Medical Examiners proposed medicinal marijuana program rules are inconsistent with legislative intent." The New Jersey Senate Health, Human Services and Senior Citizens committee held a public hearing to discuss SCR 140 and a similar bill, SCR 130, on Jan. 20, 2010.

    On Feb. 3, 2011, the Department of Health proposed new rules(200 KB) that streamlined the permit process for cultivating and dispensing, prohibited home delivery by alternative treatment centers, and required that "conditions originally named in the Act be resistant to conventional medical therapy in order to qualify as debilitating medical conditions."

    On Aug. 9, 2012, the New Jersey Medical Marijuana Program opened the patient registration system on its website. Patients must have a physician's recommendation, a government-issued ID, and proof of New Jersey residency to register. The first dispensary is expected to be licensed to open in September.

    On Oct. 16, 2012, the Department of Health issued the first dispensary permit to Greenleaf Compassion Center, allowing it to operate as an Alternative Treatment Center and dispense marijuana. The center opened on Dec. 6, 2012, becoming New Jersey's first dispensary.

    As of Apr. 23, 2014, there were Alternative Treatment Centers with permits to operate in all three regions of the state as designated by the medical marijuana program: north, central, and south.

    Department of Health (DOH)
    P. O. Box 360
    Trenton, NJ 08625-0360
    Phone: 609-292-0424

    Website: Medicinal Marijuana Program

    Information provided by the state on sources for medical marijuana:
    Patients are not allowed to grow their own marijuana. On Mar. 21, 2011, the New Jersey DOH announced the locations of six nonprofit alternative treatment centers (ATCs) from which medical marijuana may be obtained.

    Medical marijuana is not covered by Medicaid.
    Patient Registry Fee: $200 (valid for two years). Reduced fee of $20 for patients qualifying for state or federal assistance programs
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 19. New Mexico

    Senate Bill 523 "The Lynn and Erin Compassionate Use Act"
    Approved: Mar. 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 designated to administer the program and register patients, caregivers, and providers.

    Approved Conditions: As of Apr. 23, 2014, the 19 current qualifying conditions for medical cannabis were: severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection, Crohn's disease, Post-Traumatic Stress Disorder, ALS (Lou Gehrig's disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS, hospice patients, cervical dystonia, Inflammaory Autoimmune-mediated Arthritis, Parkinson's disease, and Huntington's disease

    Possession/Cultivation: Patients have the right to possess up to six ounces of usable cannabis, four mature plants and 12 seedlings. Usable cannabis is defined as dried leaves and flowers; it does not include seeds, stalks or roots. A primary caregiver may provide services to a maximum of four qualified patients under the Medical Cannabis Program.

    New Mexico Department of Health
    Medical Cannabis Program
    1190 Saint Francis Drive Suite S-3400
    Santa Fe, NM 87502
    Phone: 505-827-2321

    medical.cannabis@state.nm.us

    Website: NM Medical Cannabis Program

    Information provided by the state on sources for medical marijuana:
    "The production and distribution of medical cannabis is provided by Licensed Non-Profit Producers (LNPP) throughout the state. A Qualified Patient may also obtain a Personal Production License (PPL) to grow medical cannabis for personal use." "General Information," Medical Cannabis Program website (accessed Apr. 23, 2014)
    Patient Registry Fee: No fee
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 20. New York

    Assembly Bill 6357
    Approved: June 19, 2014 by Assembly, 117-13; June 20, 2014 by Senate, 49-10
    Signed into law by Governor Andrew Cuomo on July 5, 2014
    Effective: Upon Governor's signature

    The Department of Health has 18 months to establish regulations and register dispensing organizations. Marijuana will be taxed at 7%, to be paid by the dispensary. The law automatically expires after seven years.

    Approved Conditions: Cancer, HIV/AIDS, ALS (Lou Gehrig's disease), Parkinson's disease, multiple sclerosis, spinal cord damage causing spasticity, epilepsy, inflammatory bowel disease, neuropathies, or Huntington's disease. The Department of Health commissioner has the discretion to add or delete conditions and must decide whether to add Alzheimer's, muscular dystrophy, dystonia, PTSD, and rheumatoid arthritis within 18 months of the law becoming effective.

    Possession/Cultivation: 30-day supply to be determined by the health commissioner during the rule making process or by the physician.

    Smoking is not a method approved by the bill.

    New York Department of Health

    Website: hxxp://www.health.ny.gov

    Information provided by the state on sources for medical marijuana:
    The health commissioner will register up to five organizations to manufacture medical marijuana, each of which may own and operate no more than four dispensing sites.
    Patient Registry Fee: $50
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 21. Oregon

    Ballot Measure 67 -- Approved by 55% of voters on Nov. 3, 1998
    Effective: Dec. 3, 1998

    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: Cancer, glaucoma, positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.

    Possession/Cultivation:
    A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana. A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 -- ORS 475.346)

    Amended: Senate Bill 1085
    Effective: Jan. 1, 2006

    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.

    Amended: House Bill 3052
    Effective: 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."

    Amended: SB 281
    Signed by Gov. John Kitzhaber on June 6, 2013

    Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.

    Amended: HB 3460
    Signed by Gov. John Kitzhaber on Aug. 14, 2013

    Creates a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.

    Updates: On March 3, 2014, the program began accepting applications from people seeking a license to operate a medical marijuana dispensary.

    On March 19, 2014, Senate Bill 1531 was signed into law. The bill allows local governments to restrict the operation of medical marijuana dispensaries, including the moratoriums up through May 1, 2015.

    On April 18, 2014, the Medical Marijuana Dispensary Program approved 15 dispensary applications, bringing the total number of approved applications to 58.

    Oregon Department of Human Services
    Medical Marijuana Program
    PO Box 14116
    Portland, OR 97293
    Phone: 855-244-9580 (toll-free)

    medmj.dispensaries@state.or.us

    Website: Oregon Medical Marijuana Program (OMMP)

    Information provided by the state on sources for medical marijuana:
    The Oregon Medical Marijuana Dispensary Program publishes a directory of approved dispensaries n its website.
    Patient Registry Fee: $200 for new applications and renewals; $100 for application and annual renewal fee for persons receiving SNAP (food stamp) and for Oregon Health Plan cardholders; $20 for persons receiving SSI benefits

    An additional $50 grow site registration fee is charged if the patient is not his or her own grower.

    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 22. Rhode Island

    Senate Bill 0710 -- Approved by state House and Senate, vetoed by the Governor. Veto was over-ridden by House and Senate.

    Timeline:
    June 24, 2005: passed the House 52 to 10
    June 28, 2005: passed the State Senate 33 to 1
    June 29, 2005: Gov. Carcieri vetoed the bill
    June 30, 2005: Senate overrode the veto 28-6
    Jan. 3, 2006: House overrode the veto 59-13 to pass the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (Public Laws 05-442 and 05-443)
    June 21, 2007: Amended by Senate Bill 791
    Effective: Jan. 3, 2006

    Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, Hepatitis C, or the treatment of these conditions; A chronic or debilitating disease or medical condition or its treatment that produces 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.

    If you have a medical marijuana registry identification card from any other state, U.S. territory, or the District of Columbia you may use it in Rhode Island. It has the same force and effect as a card issued by the Rhode Island 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. Primary caregivers may not possess an amount of marijuana in excess of 24 marijuana plants and five ounces of usable marijuana for qualifying patients to whom he or she is connected through the Department's registration process.

    Amended: H5359 - The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (substituted for the original bill)

    Timeline:
    May 20, 2009: passed the House 63-5
    June 6, 2009: passed the State Senate 31-2
    June 12, 2009: Gov. Carcieri vetoed the bill
    June 16, 2009: Senate overrode the veto 35-3
    June 16, 2009: House overrode the veto 67-0

    Effective June 16, 2009:
    Allows the creation of compassion centers, which may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers. Rules & Regulations last updated Dec. 2012.

    The first dispensary, the Thomas C. Slater Compassion Center, opened on Apr. 19, 2013. Compassion centers must be operated on a not-for-profit basis.

    Rhode Island Department of Health
    Office of Health Professions Regulation, Room 104
    3 Capitol Hill
    Providence, RI 02908-5097
    Phone: 401-222-2828

    mmp@health.ri.gov

    Website: RI Medical Marijuana Program(MMP)

    Information provided by the state on sources for medical marijuana:
    The Department of Health had approved three compassion centers to be licensed. but only two were operational as of Apr. 24, 2014.
    Patient Registry Fee: $75/$10 for applicants on Medicaid or Supplemental Security Income (SSI)
    Accepts other states' registry ID cards? Yes, but only for the conditions approved in Rhode Island
    Registration: Mandatory


    [​IMG] 23. Vermont

    Senate Bill 76 -- Approved 22-7; House Bill 645 (41 KB) -- Approved 82-59
    "Act Relating to Marijuana Use by Persons with Severe Illness" (Sec. 1. 18 V.S.A. chapter 86 (41 KB) passed by the General Assembly) Gov. James Douglas (R), allowed the act to pass into law unsigned on May 26, 2004
    Effective: July 1, 2004

    Amended: Senate Bill 00007
    Effective: May 30, 2007

    Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, or the treatment of these conditions if the disease or the treatment results in severe, persistent, and intractable symptoms; or 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 or nausea or seizures.

    Possession/Cultivation: No more than two mature marijuana plants, seven immature plants, and two ounces of usable marijuana may be collectively possessed between the registered patient and the patient’s registered caregiver. A marijuana plant shall be considered mature when male or female flower buds are readily observed on the plant by unaided visual examination. Until this sexual differentiation has taken place, a marijuana plant will be considered immature.

    Amended: Senate Bill 17 "An Act Relating To Registering Four Nonprofit Organizations To Dispense Marijuana For Symptom Relief" Signed by Gov. Peter Shumlin on June 2, 2011

    The bill "establishes a framework for registering up to four nonprofit marijuana dispensaries in the state... A dispensary will be permitted to cultivate and possess at any one time up to 28 mature marijuana plants, 98 immature marijuana plants, and 28 ounces of usable marijuana."

    On Sep. 12, 2012, the State of Vermont Department of Public Safety announced conditional approval of two medical marijuana dispensaries. In June 2013, two dispensaries opened in Vermont.

    Marijuana Registry
    Department of Public Safety
    103 South Main Street
    Waterbury, Vermont 05671
    Phone: 802-241-5115

    DPS.VTMR@state.vt.us

    Website: VT Marijuana Registry Program

    Information provided by the state on sources for medical marijuana:
    "The Marijuana Registry is neither a source for marijuana nor can the Registry provide information to patients on how to obtain marijuana." (accessed Apr. 24, 2014)
    Patient Registry Fee: $50
    Accepts other states' registry ID cards? No
    Registration: Mandatory


    [​IMG] 24. Washington

    Chapter 69.51A RCW Ballot Initiative I-692 -- Approved by 59% of voters on Nov. 3, 1998
    Effective: Nov. 3, 1998

    Removed 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. Additional conditions as of Nov. 2, 2008: Crohn's disease, Hepatitis C with debilitating nausea or intractable pain, diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those conditions are unrelieved by standard treatments or medications.

    Added as of Aug. 31, 2010: chronic renal failure

    Amended: Senate Bill 6032
    Effective: 2007 (rules being defined by Legislature with a July 1, 2008 due date)

    Amended: Final Rule based on Significant Analysis
    Effective: Nov. 2, 2008

    Possession/Cultivation: A qualifying patient and designated provider may possess a total of no more than twenty-four ounces of usable marijuana, and no more than fifteen plants. This quantity became the state's official "60-day supply" on Nov. 2, 2008.

    Amended: SB 5073
    Effective: July 22, 2011
    Gov. Christine Gregoire signed sections of the bill and partially vetoed others, as explained in the Apr. 29, 2011 veto notice. (50 KB) Gov. Gregoire struck down sections related to creating state-licensed medical marijuana dispensaries and a voluntary patient registry.

    Updates: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative "I-692 did not legalize marijuana, but rather provided an authorized user with an affirmative defense if the user shows compliance with the requirements for medical marijuana possession." State v. Fry

    ProCon.org contacted the Washington Department of Health to ask whether it had received any instructions in light of this ruling. Kristi Weeks, Director of Policy and Legislation, stated the following in a Jan. 25, 2010 email response to ProCon.org:

    "The Department of Health has a limited role related to medical marijuana in the state of Washington. Specifically, we were directed by the Legislature to determine the amount of a 60 day supply and conduct a study of issues related to access to medical marijuana. Both of these tasks have been completed. We have maintained the medical marijuana webpage for the convenience of the public.

    The department has not received 'any instructions' in light of State v. Fry. That case does not change the law or affect the 60 day supply. Chapter 69.51A RCW, as confirmed in Fry, provides an affirmative defense to prosecution for possession of marijuana for qualifying patients and caregivers."

    On Nov. 6, 2012, Washington voters passed Initiative 502, which allows the state to "license and regulate marijuana production, distribution, and possession for persons over 21 and tax marijuana sales." The website for Washington's medical marijuana program states that the initiative "does not amend or repeal the medical marijuana laws (chapter 69.51A RCW) in any way. The laws relating to authorization of medical marijuana by healthcare providers are still valid and enforceable."


    Information from:
    [DLMURL]http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881[/URL]
     

    Attached Files:

  2. Phungushead

    Phungushead Twisted Depiction Staff Member Administrator

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    Re: Legal Status of Medical Cannabis in the United States: Laws, Fees, & Possession L

    I. States with Pending Legislation or Ballot Measures to Legalize Medical Marijuana



    Column 1 Column 2
    {colsp=2}KEY
    {colsp=2}
    [​IMG] Passed
    [​IMG] Pending
    [​IMG] Failed


    Column 1 Column 2 Column 3 Column 4
    Florida Summary History (last action date) Status
    {colsp=4}
    Ballot Initiative Amendment #2 - Use of Marijuana for Certain Medical Conditions "Allows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers." A constitutional amendment sponsored by People United for Medical Marijuana obtained 745,613 signatures by Jan. 24, 2014 (683,149 were required by Feb. 1). Florida's Attorney General Pam Bondi argued that the wording of the proposal was misleading and sought to keep it off the ballot. The Florida Supreme Court ruled 4-3 in favor of allowing the initiative to be decided by voters in the November election (Jan. 27, 2014) [​IMG]
    House Bill: HB 859 Medical Use of Cannabis, called "Cathy Jordan Medical Cannabis Act," "requiring the Department of Business and Professional Regulation to regulate the manufacture, cultivation, possession, wholesale distribution, dispensing, purchase, delivery, and sale of cannabis for medical use and the manufacture, possession, purchase, sale, use, and delivery of drug paraphernalia; providing that the department is responsible for the licensure and permitting of dispensaries and medical cannabis farms and the registration of owners, directors, officers, members, incorporators, employees, and agents of such farms and dispensaries, etc." Filed by Rep. Joe Saunders (D) on Feb. 10, 2014; Referred to Criminal Justice Subcommittee, Health Quality Subcommittee, Appropriations Committee, and Judiciary Committee on Feb. 20, 2014; Received first reading on Mar. 4, 2014. Bill died in committee when legislative session ended (May 2, 2014) [​IMG]
    Senate Bill: SB 962 Medical Use of Cannabis, called "Cathy Jordan Medical Cannabis Act," "requiring the Department of Business and Professional Regulation to regulate the manufacture, cultivation, possession, wholesale distribution, dispensing, purchase, delivery, and sale of cannabis for medical use and the manufacture, possession, purchase, sale, use, and delivery of drug paraphernalia; providing that the department is responsible for the licensure and permitting of dispensaries and medical cannabis farms and the registration of owners, directors, officers, members, incorporators, employees, and agents of such farms and dispensaries, etc." Filed by Sen. Jeff Clemens (D) on Feb. 10, 2014; Referred to Health Policy and Regulated Industries Committees and Appropriations Subcommittee on Health and Human Services on Feb. 12, 2014; Introduced to Senate on Mar. 4, 2014. Bill died in committee when legislative session ended (May 2, 2014) [​IMG]



    Column 1 Column 2 Column 3 Column 4
    Kansas Summary History (last action date) Status[/B]
    Senate Bill: SB 9 "An Act enacting the cannabis compassion and care act; providing for the legal use of cannabis for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; establishing the compassion board; providing for administration of the act by the department of health and environment." Pre-filed by Sen. David Haley (D) on Jan. 10, 2013; Introduced and referred to the Committee on Public Health and Welfare on Jan. 15, 2013. Bill died when legislature adjourned (May 3, 2014). Note: Bills carry over to even years in Kansas so SB 9 was considered active in 2014 even though no action was taken. [​IMG]
    House Bill: HB 2198 "An Act enacting the cannabis compassion and care act; providing for the legal use of cannabis for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; establishing the compassion board; providing for administration of the act by the department of health and environment..." Introduced by the House Standing Committee on Vision 2020 on Feb. 1, 2013; Referred to Committee on Federal and State Affairs on Feb. 4, 2013 Bill died when legislature adjourned (May 3, 2014). Note: Bills carry over to even years in Kansas so HB 2198 was considered active in 2014 even though no action was taken. [​IMG]



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    Kentucky Summary History (last action date) Status[/B]
    Senate Bill: SB 43 "AN ACT relating to medical cannabis... to establish a comprehensive system for medical cannabis in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health..." Introduced by Sen. Perry Clark (D), Sen. Walter Blevins Jr. (D), and Sen. Denise Harper Angel (D) on Jan. 7; Referred to Licensing, Occupations, & Administrative Regulations Committee on Jan. 13, 2014. Bill died when the legislature adjourned (Apr. 15, 2014) [​IMG]
    House Bill: HB 350 "[E]stablish a comprehensive system for medical cannabis in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health... name the Act the Cannabis Compassion Act." Introduced by Rep. Mary Lou Marzian (D) on Feb. 6, 2014; Sent to Health and Welfare Committee on Feb. 11, 2014; posted in committee on Feb. 14, 2014; Reported favorably out of committee by a vote of 9-5 and placed on calendar for first reading on Feb. 27, 2014; Sent to Rules Committee on Feb. 28, 2014; Recommitted to Judiciary on Mar. 7, 2014. Bill died when the legislature adjourned (Apr. 15, 2014) [​IMG]



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    Maryland Summary History (last action date) Status[/B]
    House Bill: HB 881 "For the purpose of altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission [created by HB1101, signed into law May 2, 2013] to include the registration and regulation of certain physicians... encouraging the Commission to license medical marijuana growers that grow certain strains of marijuana; authorizing an entity licensed to grow marijuana under certain provisions of law to provide marijuana to certain patients or certain caregivers..." Introduced by Delegate Dan K. Morhaim (D) and received first reading in the Health and Government Operations Committee on Feb. 5, 2014; Hearing scheduled for Feb. 28, 2014; Received Favorable with Amendments Report by Health and Government Operations Committee on Mar. 15, 2014; Floor amendment rejected by a vote of 82-33 on Mar. 15, 2014; Third reading passed by a vote of 126-10, bill sent to Senate on Mar. 17, 2014. First reading in Senate Judicial Proceedings Committee on Mar. 18, 2014; Reported favorable with amendments by Judicial Proceedings on Apr. 1, 2014; Third reading passed with amendments by a vote of 45-1 on Apr. 4, 2014; House refused to concur with Senate amendments on Apr. 5, 2014; Conference committee appointed and report adopted, third reading passed by a vote of 125-11 in the House, third reading passed by a vote of 44-2 in the Senate, passed enrolled in the House and sent to governor on Apr. 7, 2014. Governor Martin O'Malley signed the bill into law on Apr. 14, 2014, ma15king Maryland the 21st state to legalize medical marijuana. [​IMG]
    Senate Bill: SB 923 "For the purpose of altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission [created by HB1101, signed into law May 2, 2013] to include the registration and regulation of certain physicians... encouraging the Commission to license medical marijuana growers that grow certain strains of marijuana; authorizing an entity licensed to grow marijuana under certain provisions of law to provide marijuana to certain patients or certain caregivers..." Introduced by Sen. Jamie Raskin (D) and received first reading in the Judicial Proceedings Committee on Jan. 31, 2014; Hearing scheduled for Feb. 25, 2014; Reported favorable with amendments by Judicial Proceedings on Mar. 26, 2014; Third reading passed the Senate by a vote of 45-1 and sent to House on Mar. 27, 2014. Received favorable with amendments report from House Health and Government Operations Committee on Apr. 5, 2014; Third reading passed with amendments by a vote of 127-9 in the House; Senate concurred with amendments, third reading passed by a vote of 44-2, passed enrolled and sent to governor (Apr. 7, 2014) [​IMG]
    House Bill: HB 1321 "For the purpose of altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission [created by HB1101, signed into law May 2, 2013] to include the registration and regulation of certain physicians... encouraging the Commission to license medical marijuana growers that grow certain strains of marijuana; authorizing an entity licensed to grow marijuana under certain provisions of law to provide marijuana to certain patients or certain caregivers..." Introduced by Delegate Cheryl D. Glenn (D) and received first reading in Health and Government Operations Committee on Feb. 7, 2014; Hearing scheduled for Feb. 28; Unfavorable report by Health and Government Operations Committee and bill withdrawn (Mar. 24, 2014) [​IMG]


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    Minnesota Summary History (last action date) Status[/B]
    Senate Bill: SF 2470 "A bill for an act relating to health; providing for medical cannabis registry program; authorizing rulemaking; establishing duties of patients, heal care practitioners, and manufacturer of medical cannabis; establishing patient protections;... requiring impact assessment of medical cannabis therapeutic research..." Introduced by Sen. D. Scott Dibble (DFL) and Sen. David J. Tomassoni (DFL) and referred to the Education Committee on Mar. 10, 2014; Committee reported pass as amended, third reading passed the Senate by a vote of 59-1 and sent to House on Mar. 24, 2014. Received in House and referred to Education Policy Committee on Apr. 25, 2014; Committee report to adopt as amended and referred to Ways and Means Committee on May 5, 2014; Committee report to adopt as amended on May 7, 2014; Passed by House as amended by a vote of 86-39 on May 9, 2014. Senate refused to confer and conference committee of three appointed from House and Senate on May 13, 2014; Conference committee agreed on a version of the bill, Senate passed by a vote of 46-16 and House passed by a vote of 89-40 on May 16, 2014; Sent to Governor on May 17, 2014. Governor Mark Dayton signed the bill into law on May 29, 2014, making Minnesota the 22nd state to legalize medical marijuana. [​IMG]
    House Bill: HF 2099 "Marijuana medical use permitted, fees set, rulemaking authorized, criminal and civil penalties provided, and money appropriated." Introduced by Rep. Andrew Falk (Democratic–Farmer–Labor Party), Rep. Phyllis Kahn (DFL), and Rep. Jay McNamar (DFL), referred to Health and Human Services Policy on Feb. 25, 2014; Bill died when legislature adjourned (May 16, 2014) [​IMG]
    Senate Bill: SF 1641 "Permitting the medical use of marijuana... specifying certain limitations... [establishing] registry identification card... authorizing cities to enact zoning regulations that limit use of land for medical marijuana dispensaries..." Introduced by Sen. Scott Dibble (Democratic–Farmer–Labor Party), received first reading and referred to Health, Human Services and Housing Committee on May 2, 2013 The bill carried over to 2014; Passed the Senate Committee on Health, Human Services and Housing by a vote of 7-3, and referred to Rules and Administration Committee on Apr. 25, 2014; Committee reported to pass as amended and re-referred to Judiciary Committee on Apr. 29, 2014; Committee report amended, no recommendation, and re-referred to Finance on May 1, 2014; Committee report to pass as amended and received second reading on May 5, 2014; Third reading passed the Senate by a vote of 48-18 on May 6, 2014. Received in House and referred to Government Operations Committee on May 7, 2014; Bill died when legislature adjourned (May 16, 2014) [​IMG]
    House Bill: HF 1818 "Marijuana medical use permitted, fees set, rulemaking authorized, criminal and civil penalties provided, and money appropriated." Introduced by Rep. Carly Melin (Democratic–Farmer–Labor Party), received and first reading and referred to Health and Human Services Policy on May 2, 2013; Re-referred to Government Operations Committee on Mar. 10, 2014; Author Faust stricken on Mar. 17, 2014; Author Isaacson added on Mar. 24, 2014; Bill died when legislature adjourned (May 16, 2014) [​IMG]



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    Mississippi Summary History (last action date) Status[/B]
    Senate Bill: SB 2763 "An act to authorize the medical use of marihuana by seriously ill patients under a physician's supervision... to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers..." Introduced by Sen. Deborah Dawkins (D) on Jan. 20, 2014 and referred to Judiciary Committee; Died in committee (Feb. 4, 2014) [​IMG]


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    Missouri Summary History (last action date) Status[/B]
    House Bill: HB 1324 Creates the "Compassionate Use of Medical Cannabis Pilot Program Act." Defines adequate supply as "two and one-half ounces of usable cannabis during a period of fourteen days and that is derived solely from an intrastate source." Introduced by Rep. Rory Ellinger (D) and read first time on Jan. 13, 2014; Read second time on Jan. 14, 2014; Referred to Health Policy Committee on Jan. 28, 2014; Bill died when legislature adjourned (May 16, 2014) [​IMG]
    Senate Bill: SB 951 Places marijuana in Schedule II. Defines an adequate supply as three mature and four immature marijuana plants and four ounces of usable marijuana. Lists conditions approved for use, including cancer, glaucoma, HIV/AIDS, severe migraines, and more. Establishes a registry identification card system. Introduced by Sen. Jason Holsman (D) on Feb. 26, 2014; Second reading and referred to General Laws Committee on Mar. 26, 2014; Hearing conducted in General Laws Committee on Apr. 1, 2014; Committee voted "do pass" on Apr. 22,2014; Bill died when legislature adjourned (May 16, 2014) [​IMG]



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    New York Summary History (last action date) Status[/B]
    Senate Bill: SB 1682 "Legalizes the possession, manufacture, sale, administration, delivery, dispensing and distribution of [up to 8 oz of] marijuana in connection with medical use thereof for certified patients... permits registered organizations to sell, administer, deliver, etc. marijuana to certified patients or the caregiver of a certified patient for certified medical use..." Introduced by Sen. Velmanette Montgomery (D) and referred to Health Committee on Jan. 9, 2013. The bill carried over to 2014 and was referred to Health Committee on Jan. 8, 2014 but died when the legislative session ended (June 20, 2014) [​IMG]
    Senate Bill: SB 4406 (Same as AB 6357) "Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use..." Introduced by Sen. Diane Savino (D) and referred to Health Committee on Mar. 26, 2013; Amended and recommitted to Health Committee on June 14, 2013. The bill carried over to 2014 and was referred to Health Committee on Jan. 8, 2014; Notice of committee consideration requested on Apr. 7, 2014; amended and recommitted to Health Committee on Apr. 25, 2014; Reported and committed to Finance Committee on May 20, 2014; Committee discharged and committed to Rules Committee on June 12, 2014; Amended and recommitted to Rules Committee on June 16, 2014; Bill did not advance before the legislative session ended but the Assembly version of the bill was passed and sent to the Governor (June 20, 2014). [Editor's Note: Governor Andrew Cuomo announced on June 19, 2014 that he and the legislature had reached "an agreement on a bill that will establish a medical marijuana program for New York State... nder no circumstances would smoking [of marijuana] be allowed."] [​IMG]
    Assembly Bill: AB 6357 (Same as SB 4406) "This would allow medical use of marihuana under a health care practitioner's care, for patients with cancer and other severe debilitating or life-threatening conditions. The bill would set up a tightly regulated and controlled medical marihuana system." [Although the Senate and Assembly bills contain identical language, this official summary comes from the Assembly website and does not appear in the bill itself.] Introduced by Assemblymember Richard Gottfried (D) and referred to Health Committee on Mar. 26, 2013; Referred to Codes Committee on Apr. 16, 2003; Referred to Ways and Means Committee on Apr. 30, 2013; Passed Assembly by a vote of 99-41, sent to Senate and referred to Health Committee on June 3, 2013; Recalled from Senate and returned to Assembly on June 17, 2013. The bill carried over to 2014 and was referred to Health Committee on Jan. 8, 2014; passed Health Committee by a vote of 20-4 and referred to Assembly Codes Committee on Jan. 14, 2014; amended bill cosponsored by Sen. Diana Savino (D) rolled into Assembly's budget proposal on Mar. 8, 2014; Reported referred to Ways and Means Committee on May 21, 2014; Reported referred to Rules Committee and passed Assembly by a vote of 94 to 36 on May 27. Delivered to Senate and referred to Codes Committee on May 27, 2014; Recalled from Senate and returned to Assembly, vote reconsidered and restored to third reading for amendments on June 9, 2014; Amended and recommitted to Rules Committee on June 16, 2014; Re-passed Assembly by a vote of 117-13 and returned to Senate on June 19, 2014. Referred to Senate Rules Committee, passed the Senate by a vote of 49-10, and returned to Assembly on June 20, 2014; Signed into law by Governor Andrew Cuomo (July 5, 2014). [Editor's Note: Governor Andrew Cuomo announced on June 19, 2014 that he and the legislature had reached "an agreement on a bill that will establish a medical marijuana program for New York State... nder no circumstances would smoking [of marijuana] be allowed." [​IMG]



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    Ohio Summary History (last action date) Status[/B]
    House Bill: HB 153 "A registered primary caregiver: A registered qualifying patient or visiting qualifying patient for engaging in the medical use of cannabis;... A registered primary caregiver." Introduced by Rep. Robert Hagan (D) and assigned to Health and Aging Committee on May 2, 2013; Received a hearing (May 29, 2013). Note: Bills carry over to even years in Ohio and HB 153 is still listed on the official legislature website as of Feb. 28, 2014, but the last action on this bill was in 2013. [​IMG]



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    Pennsylvania Summary History (last action date) Status[/B]
    Senate Bill: SB 1182 "Governor Raymond Shafer Compassionate Use of Medical Cannabis Act: An Act providing for the medical use of cannabis in the Commonwealth of Pennsylvania." Establishes a Pennsylvania Medical Cannabis Board, allows for nonprofit compassionate care centers, and creates a medical cannabis identification card system. Introduced by Sen. Daylin Leach (D) and Sen. Mike Folmer (R), and referred to Law and Justice Committee on Jan. 15, 2014; Mentioned in committee hearing on Apr. 8, 2014; Reported out of Senate Law and Justice Committee by a vote of 11-0 on June 27, 2014; Re-referred to Appropriations Committee (July 1, 2014) [​IMG]



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    South Carolina Summary History (last action date) Status[/B]
    House Bill: H 4879 Creates the "South Carolina Medical Marijuana Act," allowing for up to two ounces of usable marijuana and up to six marijuana plants with three or fewer being mature, flowering plants. Requires that "the physician and patient have a bona fide physician-patient relationship." Establishes a patient registry program and allows dispensaries. Introduced by Representatives J. Todd Rutherford (D), James E. Smith, Jr. (D), Chandra E. Dillard (D), Kenneth F. Hodges (D), Mia S. McLeod (D), Joe Neal (D), and J. David Weeks (D), read for first time and referred to Committee on Judiciary on Mar. 6, 2014; Added sponsor Dennis C. Moss (R) on Mar. 10, 2014; Added sponsor Grady A. Brown (D) on Mar. 25, 2014; Added sponsor Gilda Cobb-Hunter (D) on Apr. 1, 2014; Bill died when it failed to advance to the Senate before the crossover deadline (May 1, 2014) [​IMG]



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    Tennessee Summary History (last action date) Status[/B]
    House Bill: HB 1385 "Creates the 'Koozer-Kuhn Medical Cannabis Act'... Generally, this bill decriminalizes the use of medical cannabis by a qualifying patient who is enrolled in the safe access program... The program must issue safe access program identification cards to patients who receive a certification for medical cannabis and complete the program enrollment process at a participating pharmacy or regulated dispensary." Introduced by Rep. Sherry Jones (D) on Jan. 2, 2014; referred to Health Committee on Jan. 15, 2014; Failed in Health Subcommittee by a vote of 6-2 (Mar. 25, 2014) [​IMG]
    Senate Bill: SB 2451 "Creates the 'Koozer-Kuhn Medical Cannabis Act'... Generally, this bill decriminalizes the use of medical cannabis by a qualifying patient who is enrolled in the safe access program... The program must issue safe access program identification cards to patients who receive a certification for medical cannabis and complete the program enrollment process at a participating pharmacy or regulated dispensary." Introduced by Sen. Ophelia Ford (D) on Jan. 2, 2014; referred to Government Operations Committee on Feb. 6, 2014. Bill died when the legislature adjourned (Apr. 17, 2014) [​IMG]



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    West Virginia Summary History (last action date) Status[/B]
    House Bill: HB 4264 Creates the "Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis..." Sets possession limits as six ounces of usable marijuana, 12 mature plants, and 12 seedlings. Allows for nonprofit registered compassion centers. Introduced by Rep. Manypenny (D) on Jan. 23, 2014; referred to Health and Human Resources Committee then Judiciary Committee on Jan. 23, 2014. Bill died when the legislature adjourned (Mar. 14, 2014) [​IMG]



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    Wisconsin Summary History (last action date) Status[/B]
    Assembly Bill: AB 480 "This bill creates a medical use defense to marijuana-related prosecutions and forfeiture actions for and prohibits the arrest or prosecution of persons who are registered with the Department of Health Services (DHS) and have certain debilitating medical conditions or treatments and primary caregivers of such persons." Allows qualifying patients to possess 12 marijuana plants and three ounces of marijuana leaves or flowers. Introduced by Democratic Representatives Taylor, Danou, Ohnstad, Berceau, Clark, Genrich, Hesselbein, Pasch, Pope, Sargent, Shankland, Young and Zepnick, read for first time and referred to Committee on Health on Nov. 1, 2013, Fiscal estimate received Nov. 12 and Nov. 21, 2013; Added Rep. Zamarripa (D) added as a coauthor on Jan. 20, 2014; Withdrawn from committee on Health and referred to committee on Insurance on Mar. 14, 2014. Bill died when the legislature adjourned (Apr. 2, 2014) [​IMG]
    Senate Bill: SB 363 "This bill creates a medical use defense to marijuana-related prosecutions and forfeiture actions for and prohibits the arrest or prosecution of persons who are registered with the Department of Health Services (DHS) and have certain debilitating medical conditions or treatments and primary caregivers of such persons." Allows qualifying patients to possess 12 marijuana plants and three ounces of marijuana leaves or flowers. Introduced by Democratic Senators Erpenbach, L. Taylor, T. Cullen, Harris and Lehman, read for first time and referred to Committee on Health and Human Services on Oct. 22, 2013; Fiscal estimates received on Nov. 1, Nov. 4, and Nov. 13, 2013; Representative Zamarripa (D) added as a cosponsor on Jan. 31, 2014. Bill died when the legislature adjourned (Apr. 2, 2014) [​IMG]


    [DLMURL]http://medicalmarijuana.procon.org/view.resource.php?resourceID=002481#florida[/URL]
     

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  3. Mick Mouse

    Mick Mouse Palladium Member Donating Member

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    Re: Legal Status of Medical Cannabis in the United States: Laws, Fees, & Possession L

    I think Illinois is fully on board now, and it is no longer pending.