U.S. STATE LAWS FOR LEGAL WEED EVERY STATE
State Medical Marijuana Laws
3/10/2020
California voters passed Proposition 215 in 1996, making the Golden State the first in the union to allow for the medical use of marijuana. Since then, 32 more states, the District of Columbia, Guam, Puerto Rico and U.S. Virgin Islands have enacted similar laws.
As of June 25, 2019, 14 states and territories have approved adult-use cannabis. As of Jan. 22, 2018, the Vermont legislature passed adult-use legalization legislation and the governor signed the bill. The measure does not set up a regulatory system for sales or production. See the text of the measure below.
A total of 33 states, District of Columbia, Guam, Puerto Rico and U.S. Virgin Islands have approved comprehensive, publicly available medical marijuana/cannabis programs. (See Table 1 below for more info.) Approved efforts in 13 states allow use of "low THC, high cannabidiol (CBD)" products for medical reasons in limited situations or as a legal defense. See Table 2 below for more information about those programs. Low-THC programs are not counted as comprehensive medical marijuana programs. NCSL uses criteria similar to other organizations tracking this issue to determine if a program is "comprehensive":
Protection from criminal penalties for using marijuana for a medical purpose.
Access to marijuana through home cultivation, dispensaries or some other system that is likely to be implemented.
It allows a variety of strains or products, including those with more than "low THC."
It allows either smoking or vaporization of some kind of marijuana products, plant material or extract.
Is not a limited trial program. (South Dakota and Nebraska have limited, trial programs that are not open to the public.)
United States map of State Cannabis Programs
Medical Uses of Marijuana
A doctor holds a container of medical marijuana.In response to California's Prop 215, the Institute of Medicine issued a report that examined potential therapeutic uses for marijuana. The report found that: "Scientific data indicate the potential therapeutic value of cannabinoid drugs, primarily THC, for pain relief, control of nausea and vomiting, and appetite stimulation; smoked marijuana, however, is a crude THC delivery system that also delivers harmful substances. The psychological effects of cannabinoids, such as anxiety reduction, sedation, and euphoria can influence their potential therapeutic value. Those effects are potentially undesirable for certain patients and situations and beneficial for others. In addition, psychological effects can complicate the interpretation of other aspects of the drug's effect."
Further studies have found that marijuana is effective in relieving some of the symptoms of HIV/AIDS, cancer, glaucoma, and multiple sclerosis.1
In early 2017, the National Academies of Sciences, Engineering, and Medicine released a report based on the review of over 10,000 scientific abstracts from marijuana health research. They also made 100 conclusions related to health and suggest ways to improve cannabis research.
State vs Federal Perspective
At the federal level, marijuana remains classified as a Schedule I substance under the Controlled Substances Act, where Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense. In October of 2009, the Obama Administration sent a memo to federal prosecutors encouraging them not to prosecute people who distribute marijuana for medical purposes in accordance with state law.
In late August 2013, the U.S. Department of Justice announced an update to their marijuana enforcement policy. The statement read that while marijuana remains illegal federally, the USDOJ expects states like Colorado and Washington to create "strong, state-based enforcement efforts.... and will defer the right to challenge their legalization laws at this time." The department also reserves the right to challenge the states at any time they feel it's necessary.
More recently, in January 2018, former Attorney General Sessions issued a Marijuana Enforcement Memorandum that rescinded the Cole Memorandum, and allows federal prosecutors to decide how to prioritize enforcement of federal marijuana laws. Specifically, the Sessions memorandum directs U.S. Attorneys to “weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community.” Text of the memo can be found here: https://www.justice.gov/opa/pr/justice-department-issues-memo-marijuana-enforcement
NCSL's policy on state cannabis laws can be found under Additional Resources below.
Arizona and the District of Columbia voters passed initiatives to allow for medical use, only to have them overturned. In 1998, voters in the District of Columbia passed Initiative 59. However, Congress blocked the initiative from becoming law. In 2009, Congress reversed its previous decision, allowing the initiative to become law. The D.C. Council then put Initiative 59 on hold temporarily and unanimously approved modifications to the law.
Before passing Proposition 203 in 2010, Arizona voters originally passed a ballot initiative in 1996. However, the initiative stated that doctors would be allowed to write a "prescription" for marijuana. Since marijuana is still a Schedule I substance, federal law prohibits its prescription, making the initiative invalid. Medical marijuana "prescriptions" are more often called "recommendations" or "referrals" because of the federal prescription prohibition.
States with medical marijuana laws generally have some form of patient registry, which may provide some protection against arrest for possession up to a certain amount of marijuana for personal medicinal use.
Some of the most common policy questions regarding medical marijuana include how to regulate its recommendation, dispensing, and registration of approved patients. Some states and localities without dispensary regulation are experiencing a boom in new businesses, in hopes of being approved before presumably stricter regulations are made. Medical marijuana growers or dispensaries are often called "caregivers" and may be limited to a certain number of plants or products per patient. This issue may also be regulated on a local level, in addition to any state regulation.
Table 1. State Medical Marijuana/Cannabis Program Laws
State
(click state name to jump to program information)
Statutory Language (year)
Patient Registry or ID cards
Allows Dispensaries
Specifies Conditions
Recognizes Patients from other states
State Allows for Retail Sales/Adult Use
Alaska
Measure 8 (1998) SB 94 (1999) Statute Title 17, Chapter 37
Yes
Yes
Yes
No, but adults over 21 may purchase at retail adult dispensaries.
Ballot Measure 2 (2014)
Marijuana Regulations
Arizona
Proposition 203 (2010)
Yes
Yes
Yes
Yes, for AZ-approved conditions, but not for dispensary purchases.
Arkansas
Issue 6 (2016)
Yes
Yes
Yes
Yes
California
Proposition 215 (1996) SB 420 (2003)
Yes
Yes (cooperatives and collectives)
No
No Proposition 64 (2016)
Colorado
Medical program info
Adult-use info
Amendment 20 (2000)
Yes
Yes
Yes
No
Amendment 64 (2012)
Task Force Implementation
Recommendations (2013)
Analysis of CO Amendment 64 (2013)
Colorado Marijuana Sales and Tax Reports
2014 "Edibles" regulation measure
FAQ about CO cannabis laws by the Denver Post.
Connecticut
HB 5389 (2012)
Yes
Yes
Yes
Delaware
SB 17 (2011)
Yes
Yes
Yes
Yes, for DE-approved conditions.
District of Columbia
Initiative 59 (1998) L18-0210 (2010)
Yes
Yes
Yes
Initiative 71 (2014)
Florida
Amendment 2 (2016) Details pending
Pending
Pending
Pending
Pending
Guam
Proposal 14A
Approved in Nov. 2014, fully operational.- home growing currently allowed until dispensaries open
Draft rules released in July 2015
Adult use- 2019 Bill No. 32-35 signed by governor in April, 2019
Yes
Yes
Yes
No
Yes. Adult use- 2019 Bill No. 32-35 signed by governor in April, 2019
Hawaii
SB 862 (2000)
Yes
Yes
Yes
No
Illinois
HB 1 (2013) Eff. 1/1/2014
Rules
Adult use legalization SB 0007 bill passed legislature May, 2019, signed by governor June 25, 2019, Effective Jan. 1, 2020.
Yes
Yes
Yes
No
Measure approved by legislature in May, 2019, signed by governor June 25, 2019. Effective Jan. 1, 2020.
Louisiana
SB 271 (2017) (not yet in effect)
Pending
Yes
Yes
No
Maine
Question 2 (1999) LD 611 (2002)
Question 5 (2009) LD 1811 (2010)
LD 1296 (2011)
Yes
Yes
Yes
Yes, but not for dispensary purchases.
Question 1 (2016) page 4
Chapter 409 (2018)
Maryland
HB 702 (2003) SB 308 (2011) HB 180/SB 580 (2013) HB 1101- Chapter 403 (2013)
SB 923 (signed 4/14/14)
HB 881- similar to SB 923
Yes
Yes
Yes
No
Massachusetts
Question 3 (2012)
Regulations (2013)
Yes
Yes
Yes
No
Question 4 (2016)
Michigan
Proposal 1 (2008)
Yes
Not in state law, but localities may create ordinances to allow them and regulate them.
Yes
Yes, for legal protection of posession, but not for dispensary purchases.
Proposal 18-1 (2018)
Minnesota
SF 2471, Chapter 311 (2014)
Yes
Yes, limited, liquid extract products only
Yes
No
Missouri
Amendment 2 (2018)
Yes
Yes, details pending
Yes
Yet to be determined
Montana
Initiative 148 (2004) SB 423 (2011)
Initiative 182 (2016)
Yes
Yes
No**
Yes
Yes
Yes
No
Nevada
Question 9 (2000) NRS 453A NAC 453A
Yes
Yes
Yes
Yes, if the other state's program are "substantially similar." Patients must fill out Nevada paperwork. Adults over 21 may also purchase at adult retail dispensaries.
Question 2 (2016) page 25
New Hampshire
HB 573 (2013)
Yes
Yes
Yes
Yes, with a note from their home state, but they cannot purchase through dispensaries.
New Jersey
SB 119 (2009)
Program information
Yes
Yes
Yes
No
New Mexico
SB 523 (2007)
Medical Cannabis Program
Yes
Yes
Yes
No
New York
A6357 (2014) Signed by governor 7/5/14
Yes
Ingested doses may not contain more than 10 mg of THC, product may not be combusted (smoked).
Yes
No
North Dakota
Measure 5 (2016)
NDCC 19-24.1
NDAC 33-44
Yes Yes Yes No
Northern Mariana Islands
Does not have a medical program.
Yes, HB 20-178 HD 4- Public Law 20-66 (2018)
Ohio
HB 523 (2016) Approved by legislature, signed by governor 6/8/16
Yes
Yes
Yes
Details pending, but will require reciprocity.
Oklahoma
SQ 788 Approved by voters on 6/26/18, not yet operational
Details pending
Details pending
Not as voted on
Details pending
Oregon
Oregon Medical Marijuana Act (1998)
SB 161 (2007)
Yes
Yes
Yes
No, but adults over 21 may purchase at adult retail dispensaries.
Measure 91 (2014)
Pennsylvania
SB 3 (2016) Signed by governor 4/17/16
Yes
Yes
Yes
No
Puerto Rico
Public Health Department Regulation 155 (2016) in Spanish
Yes
Cannot be smoked
Yes
Yes
Rhode Island
SB 791 (2007) SB 185 (2009)
Yes
Yes
Yes
Yes
US Virgin Islands
SB 135 (2017) signed by governor 1/19/19
Utah
Prop 2 (2018) replaced by HB 3001
HB 3001 2018- Third Special Session
Yes
Yes
Yes
Yet to be determined
Vermont
SB 76 (2004) SB 7 (2007) SB 17 (2011)
H.511 (2018)
Yes
Yes
Yes
No
H.511 approved by legislature, signed by governor 1/22/18.
Effective July 1, 2018.
Does NOT provide for legal production or sales. Governor's Marijuana Advisory Commission suggested regulation structure below.
Allows adults 21 years or older to possess up to one ounce of marijuana.
Selling marijuana in Vermont remains illegal.
Allows adults to grow two mature plants.
Public consumption of marijuana is also not allowed.
Governor's Marijuana Advisory Commission Final Report- December, 2018
Washington
Initiative 692(1998) SB 5798 (2010)
SB 5073 (2011)
No
Yes, approved as of Nov. 2012, stores opened in July, 2014.
Yes
No, but adults over 21 may purchase at an adult retail dispensary.
Initiative 502 (2012)
WAC Marijuana rules: Chapter 314-55 WAC
FAQ about WA cannabis laws by the Seattle Times.
West Virginia
SB 386 (2017)
Yes
Yes. No whole flower/cannot be smoked but can be vaporized.
Yes
No, but may allow terminally ill to buy in other states.
*The links and resources are provided for information purposes only. NCSL does not endorse the views expressed in any of the articles linked from this page.
** While Montana's revised medical marijuana law limits caregivers to three patients, caregivers may serve an unlimited number of patients due to an injunction issued on January 16, 2013.
Table 2. Limited Access Marijuana Product Laws (low THC/high CBD- cannabidiol)
State Program Name and Statutory Language (year) Patient Registry or ID cards Dispensaries or Source of Product(s) Specifies Conditions Recognizes Patients from other states Definition of Products Allowed
Allows for Legal Defense
Allowed for Minors
Alabama
SB 174 "Carly's Law" (Act 2014-277) Allows University of Alabama Birmingham to conduct effectiveness research using low-THC products for treating seizure disorders for up to 5 years.
HB 61 (2016) Leni's Law allows more physicians to refer patients to use CBD for more conditions.
No
Provides legal defense for posession and/or use of CBD oil. Does not create an in-state production method.
Yes, debilitating epileptic conditions, life-threatening seizures, wasting syndrome, chronic pain, nausea, muscle spasms, any other sever condition resistant to conventional medicine.
No
Extracts that are low THC= below 3% THC
Yes
Yes
Florida
(NEW comprehensive program approved in 2016, included in table above)
Compassionate Medical Cannabis Act of 2014 CS for SB 1030 (2014)