Medical Marijuana Laws: State by State

Medical marijuana laws and procedures are governed by state law. Here is our overview of the medical marijuana laws from the 23 states (plus DC) that have legalized medical usage of cannabis. We will try to keep it updated with the latest info.

Thanks to the hard work of countless advocacy groups, states loosing the restricts keeps expanding, and that trend appears to be continuing.

Alaska

Year Enacted: 1998

Limits: 1 oz. dried marijuana; 6 plants (3 mature, 3 immature)

ID Cards: Yes, patients obtain id cards through the Department of Health and Social Services

Fees? There is a $25 new application fee and $20 renewal fee for registration.

Who’s eligible? Cancer, HIV/AIDS, glaucoma, cachexia, severe pain, severe nausea, seizures, muscle spasms, and other conditions approved by the health department.

Availability: No dispensaries. Caregivers can assist one patient, more if they are relatives. Home cultivation is allowed.

Addtl. Details: Registration is mandatory to avoid prosecution. The statewide registry is confidential.

http://www.hss.state.ak.us/dph/bvs/marijuana.htm

Arizona

Year Enacted: 2010

Limits: 2.5 oz. dried marijuana; 12 plants

ID Cards? Yes, patients obtain id cards through the Department of Health Services

Fees? There is a $150 registration fee, $75 if the patient is on Supplemental Nutrition Assistance.

Who’s eligible? Cancer, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, glaucoma, Alzheimer’s, severe and chronic pain, cachexia, severe nausea, seizures, muscle spasms, and other conditions as approved by the Department of Health Services.

Availability: Dispensaries are allowed. Caregivers are allowed to help up to five patients at once but cannot be paid for their services, merely reimbursed for actual expenses. Home cultivation is allowed.

Addtl. Details: Arizona honors registry cards from other states. If a patient wants to grow their own medicine, they must not live within 25 miles of a dispensary and their plants must be kept in a locked facility. There is a $150 registration fee, $75 if the patient is on Supplemental Nutrition Assistance.

http://www.azdhs.gov/prop203/index.htm

 

California

Year Enacted: 1996

Limits: 8 oz. dried marijuana; 6 mature or 12 immature plants

ID Cards? Optional id cards can be obtained through the Department of Public Health and Environment.

Fees? There is a $66 registration fee for non Medi-Cal patients and a $33 fee for Medi-Cal patients.

Who’s eligible?  Cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, “or any other illness for which marijuana provides relief.”

Availability: “Collectives” and “cooperatives” are allowed and regulated by some localities. Caregivers who have significant responsibilities for the “housing, health, or safety” of the patient are allowed. Home cultivation is allowed.

Addtl. Details: Registration is voluntary. Local (city, town, county) governments are responsible for licensing dispensaries and growing collectives.

http://www.cdph.ca.gov/programs/MMP/Pages/default.aspx

 

Colorado

Year Enacted: 2000

Limits: 2 oz. dried marijuana; 6 plants

ID Cards? Yes, id cards are issued by the Department of Public Health and Environment.

Fees? There is a $35 registration fee.

Who’s eligible? Cancer, HIV/AIDS, glaucoma, severe pain, cachexia, severe nausea, seizures, persistent muscle spasms, and another other condition approved by the health department.

Availability: Dispensaries, “infused product makers,” and cultivators are allowed and regulated. Caregivers who have a “significant responsibility “ in managing the well-being of a patient can help up to five patients at once. Home cultivation is allowed.

Addtl. Details: Registration is voluntary. If you are arrested with marijuana and qualify but are not registered, your attorney may argue the affirmative defense of “medical necessity.”

http://www.cdphe.state.co.us/hs/medicalmarijuana/

 

Connecticut

Year Enacted: 2012

Limits: One-month supply, up to 2.5 ounces.

ID Cards? Beginning Oct. 1, 2012, temporary registrations will be available through the Department of Consumer Protection.

Fees? No fee schedule has been established.

Who’s eligible? Cancer, glaucoma, HIV/AIDS, Parkinson’s disease, multiple sclerosis, spinal cord damage that causes intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn’s disease, PTSD, or another condition approved by the Department of Consumer Protection.

Availability: Dispensaries will be allowed, and should be up and running by late 2013 or early 2014. Caregivers will serve one patient at a time, or more if it is a close family. Home cultivation is not allowed.

Addtl. Details: An initial 70 page draft of the program was released on 1/16/03. Because this is one of the latest states with medical marijuana legislation, many of the details have yet to be confirmed.

http://www.ct.gov/dcp/cwp/view.asp?a=1620&q=503670

 

DC

Year Enacted: 2010

Limits: 2 oz. dried marijuana per month unless the mayor increases this limit to 4 ounces.

ID Cards? ID cards will be issued by the Department of Health and Human Services. They are expected to begin accepting applications in Fall 2012.

Fees? Not yet.

Who’s eligible? Cancer, HIV/AIDS, glaucoma, or severe and persistent muscle spasms; conditions treated with chemotherapy, AZT, protease inhibitors, or radiotherapy; and conditions approved by the mayor.

Availability: Dispensaries are allowed. Caregivers can assist one patient at a time. Home cultivation is not currently allowed.

Addtl. Details: The medical marijuana laws in DC were passed in 2010. However, the program has not officially launched as the Mayor and Department of Health have not determined the details of how it will work. As of Sept. 2012, it is in limbo.

 

Delaware

Year Enacted: 2011

Limits: 6 oz. dried marijuana

ID Cards? Yes, id cards will be issued to patients beginning in Fall 2012 through the Department of Health and Social Services.

Fees? None yet.

Who’s eligible? Cancer, HIV/AIDS, ALS, decompensated cirrhosis, Alzheimer’s, PTSD, debilitating pain that has not responded to other treatments or those treatments produced serious side effects, intractable nausea, seizures, persistent muscle spasms, and other conditions added by the health department.

Availability: While dispensaries are scheduled to be registered, that part of the law has been placed on hold by Gov. Markell after receiving a letter from the U.S. Attorney. Caregivers can assist up to five patients. Home cultivation is not allowed.

Addtl. Details: Delaware accepts registry cards from other states. This program has not been officially launched as Gov. Markell is cautious about moving forward while federal authorities are threatening prosecution against medical marijuana programs.

 

Florida

Year Enacted: 2014

Limits:Extremely Limited. Only allows a specific strain for specific patients with seizure disorders.

Addtl. Details: A much broader medical marijuana law is likely to pass by ballot initiative in Nov 2014.

Hawaii

Year Enacted: 2000

Limits: 3 oz. dried marijuana; 7 plants (3 mature; 4 immature)

ID Cards? Yes, patients obtain id cards through the Department of Public Safety

Fees? There is a $25 registration fee

Who’s eligible? Severe pain, cachexia, severe nausea, seizures, severe and persistent muscle spasms, and other conditions approved by the health department.

Availability: No dispensaries are allowed. Caregivers can assist one patient. Home cultivation is allowed.

Addtl. Details: Registration is mandatory.

http://hawaii.gov/psd/law-enforcement/narcotics-enforcement

 

Maine

Year Enacted: 1999

Limits: 2.5 oz. dried marijuana; 6 plants

ID Cards? ID cards are optional for both patients and caregivers. They are issued by the Department of Health and Human Services.

Fees? There is a $100 registration fee, $75 with a Medicaid card.

Who’s eligible? Cancer, HIV/AIDS, hepatitis C, ALS, Crohn’s disease, nail patella, glaucoma, Alzheimer’s, intractable pain, cachexia, seizures, severe nausea, persistent muscle spasm, and other conditions approved by the health department.

Availability: Dispensaries are allowed. Caregivers can assist up to five patients at a time. Home cultivation is allowed.

Addtl. Details: Maine accepts registry id cards from other states. If a patient wants to grow their own medicine, it must be kept in a locked location. Registration is required.

http://www.maine.gov/dhhs/dlrs/mmm/index.shtml

 

Massachusetts

Year Enacted: 2012

Limits:

ID Cards? ID cards are to be issued patients and caregivers.

Fees? .

Who’s eligible?

Availability: 35 dispensaries to be licensed.

Addtl. Details: .

http://www.mass.gov/eohhs/gov/departments/dph/programs/hcq/medical-marijuana/

 

Michigan

Year Enacted: 2008

Limits: 2.5 oz. dried marijuana; 12 plants

ID Cards? Yes, patients obtain id cards through the Department of Licensing and Regulatory Affairs

Fees? There is a $100 registration fee, $25 for Medicaid patients.

Who’s eligible? Cancer, HIV/AIDS, ALS, hepatitis C, Crohn’s disease, nail patella, glaucoma, Alzheimer’s, severe and chronic pain, seizures, cachexia, severe nausea, severe and persistent muscle spasms, and other conditions approved by the health department.

Availability: Some cities have local ordinances allowing dispensaries. Caregivers can be used and can assist five patients at a time.

Addtl. Details: Michigan accepts registry id cards from other states. If patients want to grow their own medicine, they must keep it in a locked location.

http://www.michigan.gov/lara/0,4601,7-154-35299_28150_51869-202669–,00.html

 

Montana

Year Enacted: 2004

Limits: 1 oz. dried marijuana; 4 mature plants; 12 seedlings

ID Cards? Yes, patients obtain id cards through the Department of Health and Human Services.

Fees? There is a $25 fee for new applications and $10 for renewals.

Who’s eligible? Cancer, HIV/AIDS, glaucoma, intractable nausea or vomiting, cachexia, MS, seizures, Crohn’s disease, painful peripheral neuropathy, severe pain or spasms, or admittance to hospice care.

Availability: Dispensaries are not explicitly allowed, but caregivers are allowed to help an unlimited number of patients. This has led to dispensary-like storefronts. Now, amended laws have capped the caregiver patient number at three.

Addtl. Details: If the need for medicinal marijuana is “chronic pain,” there must be two doctors that confirm diagnosis. Registration is mandatory.

http://dphhs.mt.gov/qad/Licensure/MMP

 

Nevada

Year Enacted: 2000

Limits: 1 oz. dried marijuana; 7 plants (3 mature, 4 immature)

ID Cards? Yes, patients can obtain id cards through the Department of Motor Vehicles

Fees? There is a $50 application fee, a $150 fee for the card, and another $15 to $42 in related costs.

Who’s eligible? HIV/AIDS, cancer, glaucoma, severe nausea, severe pain, cachexia, seizures, persistant muscle spasms, or any other conditions approved by the health department.

Availability: No dispensaries. Caregivers can assist patients but cannot deliver marijuana for compensation. Also, they must have a significant role in managing the patients wellbeing.

Addtl. Details: Registration is mandatory. However, if you are not registered and still qualify, you can argue the “affirmative defense” of medical necessity if charged.

http://dpbh.nv.gov/Reg/Medical_Marijuana/

 

New Hampshire

Year Enacted: 2013

Limits: TBD

Medical marijuana is officially legal as of 1/1/14, but dispensaries won’t open until 2015.

New Jersey

Year Enacted: 2010

Limits: 2 oz. dried marijuana per month

ID Cards? Yes, patients apply for id cards through the Department of Health and Senior Services

Fees? There is a $200 registration fee that is good for two years. A reduced fee of $20 is allowed for people who are on public assistance.

Who’s eligible? Multiple sclerosis, ALS, muscular dystrophy, cancer, HIV/AIDS, inflammatory bowel disease, seizures, terminal illness, intractable skeletal muscular spasticity, glaucoma, or any other condition approved by the health department.

Availability: Dispensaries are available. Caregivers can assist only one patient.

Addtl. Details: New Jersey is considered to have the “toughest” medical marijuana laws.

http://www.state.nj.us/health/med_marijuana.shtml

 

New Mexico

Year Enacted:  2007

Limits: 6 oz. dried marijuana; patients with licenses to cultivate can have 16 plants (4 mature, 12 immature)

ID Cards? Yes, patients obtain id cards through the Department of Health.

Fees? No registration fees required.

Who’s eligible? Chronic and severe pain, intractable nausea or vomiting, peripheral neuropath, hepatitis C, Crohn’s disease, PTSD, cancer, ALS, glaucoma, multiple sclerosis, HIV/AIDS, spinal cord damage with spasticity, or any other condition approved by the health department.

Availability: Dispensaries are allowed, and are regulated by the state health department. Each producer can grow only 150 plants at a time. Also, caregivers can assist up to four patients at a time, but they cannot grow plants.

Addtl. Details: Home cultivation is only allowed with a special permit.

http://nmhealth.org/about/mcp/svcs/

 

Oregon

Year Enacted: 1998

ID Cards? Yes, patients obtain id cards through the Department of Human Services.

Limits: 24 oz. dried marijuana, 24 plants (6 mature, 18 immature)

Fees? There is a $200 new application and renewal fee. The fee for people receiving food stamps or state health care is $100. The fee for people on SSI is $20.

Who’s eligible? HIV/AIDS, cancer, Alzheimer’s, cachexia, severe pain, severe nausea, seizures, persistent muscle spasms, or any other condition approved by the health department.

Availability: Dispensaries are not allowed. A caregiver may be allowed if they have “significant responsibility for managing the well-being of the patient.”

Addtl. Details: Growing is allowed at state-registered grow sites. No one person can produce marijuana for more than four patients at a time.

http://www.oregon.gov/DHS/ph/ommp/

 

Rhode Island

Year Enacted: 2006

Limits: 2.5 oz. dried marijuana; 12 plants

ID Cards? Yes, patients obtain id cards through the Department of Health.

Fees? There is a $75 application fee, $10 for patients on Medicaid or SSI.

Who’s eligible? HIV/AIDS, hepatitis C, Alzheimer’s, debilitating pain, cachexia, severe nausea, glaucoma, seizures, persistent muscle spasms, and any other condition approved by the health department.

Availability: Three “compassion centers” will be granted certificates to dispense marijuana. Patients are allowed to have caregivers and caregivers can assist up to five patients. Dispensaries are considered caregivers.

Addtl. Details: Rhode Island accepts other states’ registry i.d. cards. If patients choose to grow their own medicine, it must be in an enclosed and locked facility.

http://www.health.ri.gov/programs/medicalmarijuana/

 

Vermont

Year Enacted: 2004

Limits: 2 oz. dried marijuana; 9 plants (2 mature, 7 immature)

ID Cards? Yes, patients obtain id cards through the Department of Public Safety.

Fees? There is a $50 registration fee.

Who’s eligible? HIV/AIDS, severe pain, cachexia, cancer, multiple sclerosis, severe nausea, or seizures.

Availability: Only four dispensaries are allowed in the state. Caregivers can assist one patient at a time.

Addtl. Details: If patients choose to grow their medicine, it must be kept in an enclosed and locked facility. Registration is mandatory.

http://vcic.vermont.gov/marijuana-registry

 

Washington

Year Enacted: 1998

Limits: 24 oz. dried marijuana; 15 plants

ID Cards? No

Fees? No fees have been established.

Who’s eligible? HIV/AIDS, cancer, seizure and spasm disorders, multiple sclerosis, intractable pain, glaucoma, hepatitis C, or other diseases that cause nausea, vomiting, or appetite loss.

Availability: No dispensaries. Caregivers can assist one patient at a time. Patients can also grow their medicine together, in groups of no more than 10 patients with 72 total ounces and 45 plants.

Addtl. Details: Washington’s medical marijuana law does not protect against arrest and prosecution. It does, however, give you an affirmative defense against the charges, preventing a conviction. No state registration program is currently in use.

http://www.doh.wa.gov/hsqa/medical-marijuana/