Q: Marijuana Laws By State? (Will update this question as frequently as possible with the most current information)
For up to the minute information regarding State by State regulations with an easy to navigate map, please check out NCIA's policy page: https://thecannabisindustry.org/ncia-news-resources/state-by-state-policies/
or here if you want to know about delivery status in each state: https://www.simplifya.com/cannabis-delivery-service-compliance-by-state/
- Medical Only (41 states in total, updated 07/13/2021)
- AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, HI, IL, LA, ME, MD, MA, MI, MN, MS*, MO, MT, NV, NH, NJ, NM, NY, ND, OH, OK, OR, PA, RI, SD*, UT, VT, VA, WA, WV
- Adult use (24 states total, updated 07/13/2021)
- AK, AZ, CA, CO, CT, DC, DE, IL, MA, ME, MD, MI, MO, MN, MT, NJ, NM, NV, NY, OR, VA, VT, WA
- CBD / Low THC
- GA, IA, IN, KY, NC, SC, TN, TX, WI, WY.
- No Cannabis Access Program
- ID, KS, NE
- Here is a link for more in-depth information on state laws:
- 05/26/2021: https://realmofcaring.org/medical-cannabis-laws/
- 11/2020: Which States Have Medical Marijuana Card Reciprocity? https://leafwell.co/blog/states-medical-marijuana-card-reciprocity/
- Senate votes to let people who've used marijuana work at intelligence agencies like CIA and NSA as part of Defense bill: https://www.marijuanamoment.net/senate-votes-to-let-people-whove-used-marijuana-work-at-intelligence-agencies-like-cia-and-nsa-as-part-of-defense-bill/
Qualifying Medical Conditions by State:
ALABAMA- Medical, May 17, 2021 Gov Ivey signed Bill SB 46, summarized below:
- To legally use and access medical cannabis, patients must apply for and receive a medical cannabis card. To qualify, they must have a qualifying condition and a physician’s certification. A fee of up to $65 will apply.
- The qualifying conditions are autism; cancer-related pain, nausea, or weight loss; Crohn’s; epilepsy; HIV/AIDS-related nausea; persistent nausea that has not significantly responded to other treatments, with exceptions; PTSD; sickle cell anemia; panic disorder; Tourette’s; Parkinson's disease; spasticity related to multiple sclerosis, a motor neuron disease, or spinal cord injury; terminal illness; or a condition causing intractable or chronic pain “in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective.”
- The Senate-passed version includes anxiety, menopause, premenstrual syndrome, and fibromyalgia. The House-passed version includes depression.
- Patients under 19 would need a parent or guardian to pick up their cannabis.
- Legal Protections
- Qualifying patients, caregivers, and medical cannabis establishments and their staff are not subject to criminal or civil penalty for actions authorized by the bill.
- Patients could possess up to 70 daily doses of cannabis.
- Patients generally could not be denied organ transplants or other medical care on the basis of medical cannabis.
- Physicians’ Role and Regulation
- To certify patients, physicians must be authorized to do so by the State Board of Medical Examiners. They must meet qualifications the board establishes. The House version also requires physicians to pay a fee of up to $300 to certify patients.
- Certifying physicians must complete a four-hour medical cannabis continuing medical education course and complete an exam. The courses can charge up to $500. A two-hour refresher is required every two years.
- The board will develop rules for certifications including requirements for the patient-physician relationship, detailed requirements for informed consent, and how long a certification may be valid, which may not exceed one year.
- Certifying physicians must specify daily dosage and type. This would likely require participating doctors to run afoul of federal law. If this is not revised, it would likely dramatically depress participation.
- Patients may designate caregivers pick up their cannabis for them. Caregivers must be at least 21 years old, unless they are the patient's parent or guardian.
- The commission may limit the number of patients caregivers may assist.
- Limitations and Penalties
- The commission will also determine the maximum daily dosage of THC that can be recommended for each qualifying condition. In most cases, it may not exceed 50 milligrams.
- Minors cannot use — or be recommended — more than 3% THC.
- Raw plant, smoking, vaporization, candies, and baked goods are not allowed. Pills, gelatin cubes, lozenges, oils, suppositories, nebulizers, and patches are.
- Employers could still drug test and prohibit employees from using cannabis.
- Patients could not undertake any task while under the influence of cannabis that would be negligent. Cannabis is banned at correctional facilities and schools.
- Health insurance would not have to reimburse for medical cannabis costs.
- Diversion of medical cannabis would be a new class B felony.
- Cannabis could not be possessed in a vehicle unless it is in its original package, sealed, and reasonably inaccessible while the vehicle is moving.
- Regulatory Authority
- An appointed 14-member Alabama Medical Cannabis Commission is charged with implementation of most of the licensing and regulation. The Department of Agriculture and Industries will play a significant role in regulating cultivation.
- The bill envisions the commission employing a director, an assistant director, one or more inspection officers, and other staff. It will retain legal counsel to advise on best practices of other states.
- The commission will create an electronic registry system and issue ID cards.
- Rules must be adopted in time to allow applications to start being filed by September 1, 2022. Applications will be granted or denied within 60 days or, if a deficiency is identified, the applicant may have 60 days to cure it.
- There is no specific time frame for patient applications to be processed, and there is no temporary protection while they wait for the ID to be processed.
Old law: A chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship: a. Cachexia or wasting syndrome. b. Severe or chronic pain. c. Severe nausea. d. Seizures. e. Severe and persistent muscle spasms. f. Any other condition that is severe and resistant to conventional medicine.
Alabama State does not have a regulatory body, The Department of Neurology at the University of Alabama-Birmingham directs all participants in their case studies. Patients who are "not participating in a study to possess CBD oil up to .3% THC "relative to CBD". A physician can provide CBD."
- Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for any of these conditions;
- Any chronic or debilitating disease or treatment for such diseases, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient’s physician, such condition or conditions reasonably may be alleviated by the medical use of the marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic or multiple sclerosis; or
- Any other medical condition, or treatment for such condition, approved by the department, under regulations adopted under AS17.37.060 or approval of a petition submitted under AS17.37.060.
A person 21 years of age or older may possess up to one ounce of marijuana for personal use.
Alaska Regulatory body; Marijuana Control Board: https://www.commerce.alaska.gov/web/amco/Home.aspx
ARIZONA Medical and Adult use:
2020 ballot: Smart and Safe Prop 207, Adult use- PASSED!!!! - Prop. 207 legalizes the sale, possession and consumption of one ounce of marijuana (of which 5 grams can be concentrate) for adults at least 21 years old.
- Hepatitis C
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn's Disease
- Agitation of Alzheimer's Disease
- Post Traumatic Stress Disorder (PTSD)
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces cachexia or wasting syndrome
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces severe and chronic pain.
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces severe nausea
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces seizures, including those characteristic of epilepsy
- A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that produces severe or persistent muscle spasms, including those characteristic of multiple sclerosis
- A debilitating medical condition approved by the Department under A.R.S. § 36-2801.01 and R9-17-106.
The AMMA limits a qualifying patient to 2.5 ounces of “usable marijuana,” which in turn is defined as dried flowers of the marijuana plant and any mixtures or preparations thereof. A.R.S. §§ 36-2801(1), (17). The Arizona Supreme Court clarified that a patient is “allowed [to possess]...mixtures or preparations made from [2.5] ounces of dried flowers.” State v. Jones, 246 Ariz. 452, 456, ¶ 15 (2019).
Arizona's Regulatory body is the Arizona Department of Health Services; https://www.azdhs.gov/licensing/medical-marijuana/index.php
ARKANSAS Medical only:
Positive status for human immunodeficiency virus/ acquired immune deficiency syndrome
Amyotrophic lateral sclerosis
Post-traumatic stress disorder
Cachexia or wasting syndrome
Intractable pain which is pain that has not responded to ordinary medications, treatment or surgical measures for more than six (6) months
Seizures including without limitation those characteristic of epilepsy
Severe and persistent muscle spasms including without limitation those characteristic of multiple sclerosis
and any other medical condition or its treatment approved by the Department of Health
Purchasing limits direct bud tenders to "verify that the amount of medical marijuana the qualifying patient or designated caregiver is requesting would not cause the qualifying patient to exceed the limit on obtaining no more than two and one-half (2 ½ oz.) ounces of usable medical marijuana during any fourteen-day period;"
Arkansas Medical Marijuana Commission; https://www.healthy.arkansas.gov/programs-services/topics/medical-marijuana
Jan 1 2023 California has passed a whole host of new cannabis laws protecting California Cannabis users, the new laws detail medical rights, parental rights and more. The final published rules are located Here
AIDS, anxiety, anorexia, arthritis, cachexia, cancer, chronic pain, fibromyalgia, glaucoma, migraine, persistent muscle spasms, radiation therapy side effects, seizures, severe nausea, and any other serious chronic or persistent medical symptom.
If you are 21 and older (or have a valid physician’s recommendation or a medical marijuana identification card), you can buy and possess up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis. You can also plant, harvest, dry, and process up to six cannabis plants in your private residence or on the grounds of your residence.
Friday Sept 2nd, 2022, Gov. Gavin Newsom signed AB 1954 and SB 988 amendment. AB1954 is a cannabis measure that "makes it so Doctors and surgeons can't discriminate against patients by denying medication or treatment based on a positive THC test if the person is a registered medical cannabis patient in the state. It further stipulates that medical professionals can't be penalized for administering treatment to a patient who uses medical marijuana in compliance with state law." https://legiscan.com/CA/text/AB1954/id/2587033
SB988 (Ryan's Law) is a cannabis bill that permits the use of cannabis products at a medical facility. The original bill stated "Health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements". The amendment, states "the bill would require a health facility to require a patient of a primary caregiver, as defined, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis and would require medicinal cannabis to be stored securely at all times. The bill would require the patient or the patient's primary caregiver, upon discharge, remove all remaining medicinals cannabis and, if a patient cannot remove the medicinal cannabis and does not have a primary caregiver, would require the storage of the product in a locked container until it is disposed of, as specified."
California has many regulatory agencies which can be found here. https://cannabis.ca.gov/
Laws about marijuana use in Colorado: https://cannabis.colorado.gov/legal-marijuana-use/laws-about-marijuana-use
Debilitating Medical Conditions:
- Only physicians with an MD or a DO are able to recommend medical marijuana for debilitating conditions.
- A medical marijuana registry identification card issued for a debilitating medical condition will be valid for one year.
- HIV or AIDS
- Persistent muscle spasms
- Severe nausea
- Severe pain
Disabling Medical Conditions:
- MDs, DO, dentists, and advanced practice practitioners with prescriptive authority are able to recommend medical marijuana to treat a disabling medical condition.
- The recommending provider will decide how long the medical marijuana registry card will be valid based on the patient’s medical needs.
- Post Traumatic Stress Disorder (PTSD)
- An Autism Spectrum Disorder
- Any condition for which a physician could prescribe an opioid
05/24/2023- CO SB23-265 Prohibits Professional Discipline for Marijuana. https://leg.colorado.gov/bills/sb23-265
05/14/2021- CO HB1317- Limitations on potency of Legal marijuana products.
HB 21-1317 requires providers to include additional information on medical marijuana recommendations. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act, and recommendations for medical marijuana made in accordance with Colorado law are not prescriptions.
"Medical marijuana sales would be monitored under a new state tracking system, with medical concentrate purchases restricted to 8 grams per day unless the patient was between eighteen and twenty, in which case the limit would be 2 grams per day; homebound patients and those with proper doctor certification could buy more than those limits. The state’s current limit for medical concentrate purchases is 40 grams of concentrate" https://www.cannabisbusinessexecutive.com/2021/05/colorado-lawmakers-aim-to-restrict-medical-marijuana-access-and-concentrate-sales/
4/20/2021- CO Bill HB1159-limitations on regulated marijuana delivery:
"BILL SUMMARY: Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price. The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store.
The bill waives the licensing fee for a transporter applicant who is a social equity licensee.
The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana." https://leg.colorado.gov/bills/hb21-1159
Personal/Adult use of Marijuana is defined in the Colorado Constitution as:
Possessing, using, displaying, purchasing, or transporting marijuana accessories or one (1) ounce or less of marijuana. Possessing, growing, processing, or transporting no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. See page 4 for the definition of "personal use". https://www.fcgov.com/mmj/pdf/amendment64.pdf
Medical use of Marijuana is defined in the Colorado Constitution as:
Two (2) ounces of medical marijuana flower; b. 8 grams of Medical Marijuana Concentrate; or c. Medical Marijuana Products containing a combined total of 20,000 mg; 2. A Medical Marijuana Store and its employees shall not sell more than: a. Six Immature plants unless the patient has designated the Medical Marijuana Store as his or her primary center and supplied it with documentation from the patient’s provider allowing the patient more than six plants; b. One half of the patient’s extended plant count to a patient who has designated the Medical Marijuana Store as his or her primary center and supplied it with documentation from the patient’s provider allowing the patient more than six plants; or c. Six Medical Marijuana plant seeds unless the patient has designated the Medical Marijuana Store as his or her primary center and supplied it with documentation from the patient’s provider allowing the patient more than six Medical Marijuana seeds. One Medical Marijuana plant is equivalent to one Medical Marijuana seed. See page 263 for exact wording of the legal purchase limits for Medical cannabis patients: https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=10507&fileName=1%20CCR%20212-3
Recommendations for Minors in Colorado:
All minor applicants must submit two certifications from two different providers.
Minor patients diagnosed with a disabling medical condition, which includes Post Traumatic Stress Disorder and Autism Spectrum Disorders, and any condition for which a physician could prescribe an opioid, no longer need to provide a certification from a physician who is a board-certified pediatrician, child and adolescent psychiatrist, or family physician who attests to being part of the patient’s primary care team.
If you are a provider recommending medical marijuana for a minor patient who is diagnosed with a disabling medical condition and you are not the patient’s primary care provider, you must review the records of a diagnosing physician or a licensed mental health provider acting within his or her scope of practice.For more information please refer to C.R.S. 25-1.5-106 and House Bill 19-1028.
Recommending for applicants aged 18-20:
- Applicants in this age group that did not have a registry card before age 18 and applied for the first time on or after Jan. 1, 2022 will need provider certifications from two different providers at different medical practices each year when they apply. If the applicant in this age group is homebound, the providers do not need to be from different medical practices.
Colorado Department of Public Health and Environment (CDPHE) Medical Marijuana Enforcement Division is part of the Department of Revenue for the State of Colorado and oversees the marijuana industry in the state. https://cdphe.colorado.gov/medicalmarijuana
CONNECTICUT Medical and Adult use:
Adult use sales began Jan 10th, 2023.
According to Marijuana policy Project, "SB 1201, Under the bill, starting July 1, adults 21 and over will be allowed to possess up to one and a half ounces on their person and up to five ounces in a locked trunk or secure location in their home. Legal sales are anticipated to begin by late 2022. Adults will be allowed to securely cultivate cannabis at home starting July 1, 2023. Additionally, 50% of the licenses will be reserved for equity applicants, and up to 75% of the revenue will be dedicated towards equity efforts and community reinvestment. You can check out a full summary of the bill here and a condensed summary here."
Positive Status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome
Damage to the Nervous Tissue of the Spinal Cord with Objective Neurological Indication of Intractable Spasticity
Post-Traumatic Stress Disorder
Sickle Cell Disease
Post Laminectomy Syndrome with Chronic Radiculopathy
Severe Psoriasis and Psoriatic Arthritis
Amyotrophic Lateral Sclerosis
Complex Regional Pain Syndrome
Irreversible Spinal Cord Injury with Objective Neurological Indication of Intractable Spasticity
Terminal Illness Requiring End-Of-Life Care
Uncontrolled Intractable Seizure Disorder
Spasticity or Neuropathic Pain Associated with Fibromyalgia
Severe Rheumatoid Arthritis
Post Herpetic Neuralgia
Hydrocephalus with Intractable Headache
Intractable Headache Syndromes
Neuropathic Facial Pain
Chronic Neuropathic Pain Associated with Degenerative Spinal Disorders
For Patients Under 18, Debilitating Medical Conditions Include:
Irreversible Spinal Cord Injury with Objective Neurological Indication of Intractable Spasticity
Terminal Illness Requiring End-Of-Life Care
Uncontrolled Intractable Seizure Disorder
How much marijuana can a patient have on hand?
- The maximum allowable monthly amount is 2.5 ounces unless your physician indicates a lesser amount is appropriate. Any changes to the allowable amount will be based on advice from the Board of Physicians.
Connecticut's Medical Marijuana Program is regulated by the Department of Consumer Protection. https://portal.ct.gov/DCP/Medical-Marijuana-Program/Medical-Marijuana-Program
Adult use cannabis portal in Connecticut: https://portal.ct.gov/cannabis
DELAWARE Medical and Adult Use:
HB1 and HB2: have advanced through the state senate, and have been approved by the Governor without his signature for active support. https://www.marijuanamoment.net/delaware-governor-will-allow-marijuana-legalization-and-sales-bills-to-become-law/
Statement from Governor Carney on new law: https://news.delaware.gov/2023/04/21/governor-carney-releases-statement-on-house-bill-1-and-house-bill-2/
House Bill 1 (bill detail): https://legis.delaware.gov/BillDetail?legislationId=129970
House Bill 2 (bill detail): https://legis.delaware.gov/BillDetail?legislationId=129969
Currently there are three "compassion centers" across the state, all vertically integrated.
Positive status for Human Immunodeficiency Virus (HIV Positive)
Acquired Immune Deficiency Syndrome (AIDS)
Amyotrophic Lateral Sclerosis (ALS/Lou Gehrig’s Disease)
Agitation of Alzheimer’s Disease
Post-Traumatic Stress Disorder (PTSD)
Autism with aggressive behavior
Chronic Debilitating Migraine
A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following;
- Cachexia or Wasting Syndrome
- Severe debilitating pain that has not responded to previously prescribed medication or surgical measure for more than three months, or for which other treatment options produced serious side effects.
- Intractable Nausea
- Severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis.
- Can I grow my own marijuana?
- No. Patients and caregivers are not authorized to grow or cultivate marijuana.
- How much medical marijuana may I possess as a registered patient?
- Patients are authorized to purchase three ounces of usable marijuana every 14 days, for a total of six ounces per month.
Delaware's regulatory agency is the Delaware Health and Social Services, Division of Public Health, Office of Medical Marijuana. Their website can be found here: https://dhss.delaware.gov/dhss/dph/hsp/medmarhome.html
FLORIDA Medical only:
Post-traumatic stress disorder (PTSD)
Amyotrophic lateral sclerosis (ALS)
Multiple sclerosis (MS)
Medical conditions of the same kind or class as or comparable to those above
A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
Can I grow my own marijuana? NO Florida law only allows licensed medical marijuana treatment centers to grow, process and dispense marijuana.
How Much Can I Have? Your qualified physician may order up to six 35-day supplies of medical marijuana in a form for smoking within each certification. A 35-day order may not exceed 2.5 ounces of smokable medical marijuana. Qualified patients may only possess up to 4 ounces of medical marijuana in a form for smoking at any given time.
Florida's medical marijuana industry is regulated by the Florida Office of Medical Marijuana Use. Their website can be located here: https://knowthefactsmmj.com/
GEORGIA CBD/Low THC:
Georgia has registry for medical CBD patients, capping THC at 5%, but there is no system for obtaining cannabis.
1) Cancer, when such diagnosis is end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting
(2) Amyotrophic lateral sclerosis, when such diagnosis is severe or end stage
(3) Seizure disorders related to diagnosis of epilepsy or trauma related head injuries
(4) Multiple sclerosis, when such diagnosis is severe or end stage
(5) Crohn’s disease
(6) Mitochondrial disease
(7) Parkinson’s disease, when such diagnosis is sever or end stage
(8) Sickle cell disease, when such diagnosis is severe or end stage
(9) Tourette’s syndrome, when such syndrome is diagnosed as severe
(10) Autism spectrum disorder, when (a) patient is 18 years of age or more, or (b) patient is less than 18 years of age and diagnosed with severe autism
(11) Epidermolysis bullosa
(12) Alzheimer’s disease, when such disease is severe or end stage
(13) AIDS when such syndrome is severe or end stage
(14) Peripheral neuropathy, when symptoms are severe or end stage
(15) Patient is in hospice program, either as inpatient or outpatient
(16) Intractable pain
(17) Post-traumatic stress disorder (PTSD) resulting from direct exposure to or witnessing of a trauma for a patient who is at least 18 years of age
Georgia does not have a regulatory board, however, "Georgia has registry for medical CBD patients, but no system for obtaining cannabis. Only oil is allowed, and it must both: 1) contain no more than .3% THC by weight, and 2) have an amount of CBD equal to or greater than the amount of THC. Patients may possess up to 20 fluid ounces of the oil. The law does not address how low-THC oil is produced, purchased or shipped. The law only creates a procedure to ensure qualified patients will be protected from prosecution for possessing it. The wording of the statute allows patients to only obtain oil through a university, or other research the patient is part of."
On April 17, 2019, Gov. Brian Kemp (R) signed the Georgia’s Hope Act — HB 324 — into law. The law will allow patients to access medical cannabis oil in-state with no more than 5% THC. The Georgia’s Hope Act allows up to six private growers to cultivate medical cannabis preparations, along with two designated universities. Patients will be allowed to obtain low-THC oil from licensed dispensaries or specially licensed pharmacies.  It is not clear yet when businesses will be licensed or begin sales, but it is extremely unlikely sales will begin before 2021. Pharmacies will be allowed to sell the medical cannabis preparations, and regulators could authorize private dispensaries. (Due to medical cannabis’ federal illegality, it is far from certain that universities or pharmacies would participate.) As of January 2020, more than 20,000 patients were signed up. For more details, check out our summary.
On June 15, 2020, the Georgia State Senate Democratic Caucus proposed the Georgia Justice Act- a broad measure that includes more than a dozen provisions to address police brutality and racism. One of those provisions is reducing the penalty for simple possession of marijuana to a fine with no jail time. While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Please take a moment to send a letter to your legislators asking them to reduce the penalty for possession of marijuana to fine or ask them to end marijuana prohibition entirely.
As of November 10, 2020, the Georgia Access to Medical Cannabis Commission is accepting applications for Class 1 and Class 2 production licenses, but it is not yet accepting licenses for dispensaries. Sales are unlikely to start before mid-2021.
Georgia State Medical Cannabis Commission: https://www.gmcc.ga.gov/home
- Q: How does Georgia’s medical cannabis law compare to laws in other states?
A: Georgia’s law is much more limited than some other states. For example, it does not legalize the growing, sale, or possession of marijuana in plant or leaf form. It does not authorize the production, sale, or ingestion of food products infused with low THC oil, or the inhalation of low THC oil through smoking, electronic vaping, or vapor. It does not authorize physicians to prescribe marijuana for medical use. It is intended solely to protect persons with an active Low-THC Oil Registry Card from criminal prosecution for possessing less than 20 ounces of low THC oil for medicinal purposes
HAWAII Medical only:
Lu-wow! Hawaii Just Launched a New Medical Marijuana Program for Visitors
Tourists can apply for the 329-V card, which provides legal access to the state's medical cannabis dispensaries for up to 60 days: https://www.greenentrepreneur.com/article/359430?utm_campaign=Daily%20Morning%20News&utm_medium=email&_hsmi=100588921&_hsenc=p2ANqtz--OY49LJA_X0lwUE9rh9WmelqlAp1QIw8LhQPhhdJVU1rJ4yFaazSfvVFrxuayz0E23AnoexOZFhtzyYFSuWUpO0_kdpw&utm_content=100497106&utm_source=hs_email
Hawaii has a new law that is projected to go into effect on January 11, 2020, stating that a resident can have up to three grams of cannabis without facing jail time, with the potential of paying up to a $130 fine.
Amyotrophic Lateral Sclerosis (added effective December 19, 2017 as per the petition process)
Lupus (added effective June 29, 2017 as per Act 041, SHL 2017)
Epilepsy (added effective June 29, 2017 as per Act 041, SHL 2017)
Multiple Sclerosis (added effective June 29, 2017 as per Act 041, SHL 2017)
Rheumatoid Arthritis (added effective June 29, 2017 as per Act 041, SHL 2017)
Positive status for human immunodeficiency virus,
Acquired immune deficiency syndrome,
Post-traumatic stress disorder (added effective July 1, 2015 as per Act 241, SLH 2015), or
“The treatment of these conditions”, or
“A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
Cachexia or wasting syndrome,
Seizures, including those characteristic of epilepsy, or
Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease.
Hawaii has a new law that is projected to go into effect on January 11, 2020, stating that a resident can have up to three grams of cannabis without facing jail time, with the potential of paying up to a $130 fine. Hawaii became the first state to pass medical cannabis by legislature in 2000 but access was a challenge. A dispensary program was passed in 2015. The state does not allow for voter referendum; the legislature is the only mechanism for passing cannabis laws. Various parts of the program have since been expanded, such as allowing registered nurses with prescriptive authority to write recommendations, allowing the university to do cannabis research, and tax guidance. Several qualifying conditions have been added over the years. Hawaii’s first dispensaries opened in the summer of 2017.
Hawaii's Medical Cannabis Program can be accessed here: https://health.hawaii.gov/medicalcannabis/
IDAHO -No Access:
On June 25th, 2019, the Idaho Cannabis Coalition filed an initiative to have medical marijuana placed on the 2020 Idaho Ballot. In order for medical marijuana to be on the 2020 Idaho Ballot, the Idaho Cannabis Coalition will have to procure 55,057 signatures from Idaho registered voters. In April 2015, Idaho's governor became first and only governor to veto CBD-only legislation. In February, Idaho's House advanced a bill (House Bill 577) which would allow residents to use CBD oil as long as it is prescribed by a licensed practitioner. The bill is unlikely to succeed, even if it passes the Senate, as Idaho Governor C.L. Otter has made it clear he does not support cannabis and has vetoed a CBD bill in the past.
Idaho's policy is similar to Iowa's, but they have banned ALL cannabis derived products it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination. https://odp.idaho.gov/cannibidiol/
Agitation of Alzheimer’s disease
Amyotrophic lateral sclerosis (ALS)
Chronic inflammatory demyelinating polyneuropathy
CRPS (complex regional pain syndrome Type II)
Post-Traumatic Stress Disorder (PTSD)
Reflex sympathetic dystrophy
Residual limb pain
Seizures (including those characteristic of Epilepsy)
Spinal cord disease (including but not limited to arachnoiditis)
Spinal cord injury is damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
Traumatic brain injury
Terminal illness with a diagnosis of 6 months or less
Noteworthy Information : Illinois House Bill 1438/Cannabis Regulation and Tax Act was approved by both houses on May 31, 2019. The bill legalizes and regulates the production, consumption, and sale of cannabis in Illinois. The bill will come into effect January 1, 2020. Illinois has operating dispensaries. The program initially suffered from low numbers of patients. In 2016 the state made adjustments to the program, including adding PTSD and terminal illness as conditions. The language for doctors was relaxed: one must now only state that the doctor is treating the patient, and what condition the patient has. Veterans are only required to submit one year of medical records from the VA facility where they receive services, rather than requiring such a note.
Allow registered MCPP patients to grow up to five (5) cannabis plants for personal consumption – effective January 1, 2020
The amount of medical cannabis the qualifying patient, provisional patient or designated caregiver is requesting would not cause the qualifying patient or provisional patient to exceed the limit on obtaining no more than two and one-half ounces of medical cannabis during any 14-calendar-day period, unless approved by DPH;
Illinois medical cannabis program can be accessed: https://www2.illinois.gov/sites/mcpp/Pages/default.aspx
INDIANA CBD/Low THC:
Though Indiana lawmakers have been historically opposed to cannabis, Indiana Gov. Eric Holcomb signed into law on March 21, 2018 Senate Enrolled Act 52, which legalized cannabidiol oil in Indiana. Manufacturers are required to test each batch in order to ensure it has less than 0.3% THC. Beginning July 1, 2018, retailers can only sell CBD products that comply with new state testing and packaging requirements, which include certification that the product is derived from industrial hemp and not cannabis.
According to MPP: “Indiana’s marijuana laws among the harshest in the nation: Indiana continues to lag behind its neighbors and the rest of the country on marijuana policy. It is one of only 23 states that still imposes jail time for simple possession of cannabis and one of only 17 that lacks a compassionate medical cannabis law. Under current law, possession of even a single joint is punishable by up to a year of incarceration and a fine of up to $5,000. These laws are not being equally enforced; African Americans are 3.5 times more likely to be arrested for marijuana possession as whites.”
“A bill to decriminalize marijuana possession died in committee during the 2020 legislative session. But as more and more states move forward, it’s only a matter of time before Indiana improves its laws.”
IOWA CBD/Low THC:
Less than 400 people currently have a Medical Cannabidiol Registration Card. The Iowa Public Health Department is required to select and license two medical cannabidiol manufacturers to manufacture, possess, cultivate, harvest, transport, package, process, or supply medical cannabidiol in Iowa. They must begin supplying medical cannabidiol to licensed dispensaries in Iowa no later than December 1, 2018. MedPharm Iowa LLC is the only company permitted to have a cannabidiol manufacturing license at this time. Up to five medical cannabidiol dispensaries will be selected and licensed to dispense medical cannabidiol. The Iowa Public Health Department is authorized to select and license up to two out-of-state medical cannabidiol dispensaries from a bordering state to sell and dispense medical cannabidiol to Iowa residents who possess a valid Medical Cannabidiol Registration Card. Smokable forms of marijuana are not allowed. Legal products may include oils, creams, capsules and suppositories. Products may only have up to 0.3 percent of THC.
Cancer (with severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting);
multiple sclerosis with severe and persistent muscle spasms;
AIDS or HIV (as defined in section 141A.1);
Amyotrophic lateral sclerosis (ALS);
Any terminal illness, with a probable life expectancy of under one year (if the illness or its treatment produces one or more of the following: severe or chronic pain, nausea or severe vomiting; cachexia or severe wasting);
and untreatable pain.
Iowa Medical Cannabis Program can be located here: https://idph.iowa.gov/omc/For-Patients-and-Caregivers
KANSAS CBD-rich oils with up to 5% THC:
In May 2018, the Governor approved SB282, allowing for the possession and retail sale of cannabidiol (CBD) products containing zero percent THC. Citizens do not have to be part of a registry or be diagnosed with a qualifying condition in order to legally use or purchase CBD products. A decriminalization bill succeeded in 2016, however its largest effect is to only reduce 1st time possession from one year in prison to six months in prison (therefore, it remains one of the more strict prohibition states). Since only the legislature may authorize medical cannabis in Kansas, it will not be appearing on any ballots.
As of June 18, 2020, Governor Laura Kelly has voiced her support for Medical Cannabis access in the state of Kansas. She did sign a bill, Claire and Lola's Law, SB 28. The new law provides an affirmative defense for possession of CBD-rich oils with up to 5% THC. Affirmative defenses prevent convictions, but they don’t necessarily prevent a person from being arrested and hauled into court. SB 28 also bars the state Department of Children and Families from removing a child over CBD oil use. However, SB 28 does not allow for the legal sale or production of cannabis oils.
Still, the legislature must act in order to bring a compassionate, effective medical cannabis program to Kansas. Please click here to let your lawmakers know you want them to make medical cannabis a priority in 2021!
KENTUCKY CBD/Low THC:
2023: Kentucky becomes the 38th state to allow medical cannabis use! SB 47 signed into law! https://www.marijuanamoment.net/kentucky-governor-signs-medical-marijuana-legalization-bill-into-law/
2022: Nov 15th, 2022 updates to Kentucky Cannabis Laws Gov. Andy Beshear signs executive order allowing for possession of up to 8oz (0.5 lbs) medical cannabis purchased from legal sources in other states for those with qualifying medical conditions. The law will not go into effect until Jan 1, 2023. At the same time, Gov. Beshear signed an executive order regulating the Delta 8 market in his state.
In 2014, the Kentucky legislature passed SB 124, which exempts industrial hemp from the definition of marijuana. It also exempts CBD if done so "pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university." It also excludes those in an FDA-approved program. In 2017, Kentucky passed HB 333, which among other things, clarified that CBD products derived from industrial hemp are legal in the state. There is a limit of 0.3% THC in CBD products. The legislature will have to pass any medical or recreational programs (section 60 of the state constitution sets out which topics may be voted on by the people – cannabis is not on the list). House Bill 166, which would legalize medical marijuana in Kentucky, was recently voted ‘pass over’. It is unlikely the bill will be revisited in this year’s legislative session.
Nothing is defined, however the law has three exceptions from the definition of marijuana, (the first being hemp). The other two are: " The substance cannabidiol [CBD], 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; or  For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration."
(The above is the aforementioned 69-word cannabis law in Kentucky.)
LOUISIANA Medical only:
- If you are a patient looking for a medical-marijuana recommendation (prescription), contact your primary-care physician.
- if you are a physician looking for the LSBME guidance regarding recommending therapeutic (medical) marijuana to patients, go here. For other queries for the Louisiana State Board of Medical Examiners, contact that agency at 504-568-6820 or email@example.com.
- if you are a pharmacy looking for rules on how to operate in compliance with Board of Pharmacy rules, go here. For other queries for the Board of Pharmacy, contact that agency at 225-925-6496 or firstname.lastname@example.org
5/1/2023: Louisiana Legislators May Have Legalized More Than Hemp: https://thefreshtoast.com/cannabis/louisiana-legislators-may-have-legalized-more-than-hemp/
Marijuana Policy Project reports "As of August 1, 2021, the penalty for possessing up to 14 grams (or .49 ounces) of cannabis became a civil offense punishable by a fine of $100. For those who are unable to afford the fine, the court must use its discretion for an alternate penalty that includes community service and installment payments. Possession of up to 14 grams of cannabis is now enforced by a summons but not an arrest.
Louisiana’s most recent cannabis legislation does not reduce penalties for possessing more than 14 grams or for possession with intent to distribute or sell any amount. Until passage of the bill decriminalizing up to 14 grams, Louisiana was the incarceration capital of the U.S. Still, MPP believes that the state’s penalties for amounts over 14 grams are far too harsh."
- HIV/ AIDS
- Multiple Sclerosis
- Muscular Dystrophy
- Crohn’s Disease
- Cachexia (weakening or wasting away of the body due to chronic illness
- Any of these four conditions associated with autism spectrum disorder as an eligible condition:
-- repetitive or self-stimulatory behavior of such severity that the physical health of the person with autism is jeopardized;
-- avoidance of others or inability to communicate of such severity that the physical health of the person with autism is jeopardized;
-- self-injuring behavior; and
-- physically aggressive or destructive behavior.
Effective August 8, 2018:
- Parkinson’s disease
- Severe muscle spasms
- Intractable pain
- Post traumatic disorder
Noteworthy Information : While medical marijuana in Louisiana was legalized in 2015, patients are still waiting for products to be available. GB Sciences, the cultivator for the LSU AgCenter, aims to have product available sometime in early 2019. There are currently no licensed independent testing laboratories. The state agriculture department said all three respondents failed to meet mandatory state qualifications and now the department will temporarily conduct testing. Only non-smokable methods are permitted. Licensed doctors can recommend marijuana. The Board of Medical Examiners removed the cap on the number of patients a doctor can treat with medical marijuana. They also removed a requirement that patients see their doctor after 90 days of treatment before they can receive a renewal.
Louisiana's Medical Marijuana program can be accessed here: http://www.ldaf.state.la.us/medical-marijuana/
There are no longer any set qualifying conditions.
Adults 21 years of age or older can possess up to 2.5 ounces of a combination of marijuana, marijuana concentrate and marijuana products, including no more than 5 grams of marijuana concentrate.
Maine Medical Cannabis program can be accessed here: https://www.maine.gov/dafs/omp/medical-use/
October 9, 2020: After a series of delays, the Maine Office of Marijuana Policy announced that adult-use retail sales would begin on October 9, 2020!
MARYLAND Medical AND recreational!
7/2023: Why you shouldn't throw away your Maryland medical marijuana card: https://www.axios.com/local/washington-dc/2023/06/16/maryland-recreational-marijuana-medical-cards
11/2022: Question 4 passed, which amends the Maryland Constitution to legalize cannabis use by adults age 21 and older, beginning JULY 2023. Question 4 also allows the General Assembly to set a tax rate on the sale of cannabis. https://ballotpedia.org/Maryland_Question_4,_Marijuana_Legalization_Amendment_(2022)
3. A chronic or debilitating disease or medical condition that results in the patient being admitted into hospice or receiving palliative care
4. A chronic or debilitating disease or medical condition or the treatment of such a condition that causes
(a) Cachexia or wasting syndrome
(b) Severe or debilitating chronic pain;
(c) Severe nausea;
(d) Seizures (including those characteristic of epilepsy)
(e) Severe or persistent muscle spasms (including those characteristic of multiple sclerosis or crohn's disease
(f) agitation of Alzheimer's disease
5. A condition that is severe, for which other medical treatments have been ineffective, and for which the symptoms can reasonably be expected to be relieved by the use of medical marijuana. (Note: Maryland requires physicians to register for the conditions a given physician can write medical marijuana recommendations for. However, it should be noted that a physician could be approved to recommend for any condition if approved by the state Commission)
How much cannabis can I purchase today? The certification issued by a provider for a patient identifies the amount of dried flower and THC that the patient may purchase in a 30-day period. The limit is calculated as a ROLLING 30-day limit- not by calendar month.
Maryland's Medical Cannabis program can be accessed here: https://mmcc.maryland.gov/Pages/home.aspx
An Order of the Commissioner of Public Health Pursuant to the Governor's Declaration of a Public Health Emergency was released on September 24, 2019, banning the sale of cannabis and tobacco vapor cartridges for the next four months. On September 24, 2019, the state also approved cannabis delivery, along with the requirement that delivery personnel must wear body cameras to ensure safety. Voters approved adult-use legalization in November 2016. 8 retail licenses have been issued thus far to businesses that already have medical dispensaries in the state. The Chairman of the Cannabis Control Commission believes 4-8 retail stores will open up every month in 2019. Attorney General Maura Healey ruled that local officials can unilaterally prohibit cannabis businesses for another year without polling residents. The state-level regulatory medical program is also undergoing expansion.
- Hepatitis C
- Crohn's Disease
- Parkinson's Disease
- Multiple Sclerosis
Initial Access expires 14 days after it is issued or when the patient is approved for a registration card – whichever is first. Patients are limited to one Initial Access during any 365-day period unless otherwise approved. Patients may receive a 14-day supply, determined to be 2.5 oz of cannabis. A clinician may set a different 14-day supply.
Massachusetts Cannabis program can be accessed here: https://www.mass.gov/orgs/medical-use-of-marijuana-program
Proposition 1 allows adults 21+ to use marijuana recreationally and grow up to 12 plants, sets a 10-ounce limit for cannabis stored in residences (2.5 ounces and up must be kept in a locked container), and establishes a state licensing system for marijuana businesses.
3. HIV Positive or AIDS
4. Hepatitis C
5. Amyotrophic Lateral Sclerosis (ALS)
6. Crohn’s Disease
7. Agitation of Alzheimer’s Disease
8. Nail Patella
9. A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: Cachexia or Wasting Syndrome; Severe and Chronic Pain; Severe Nausea; Seizures (Including but not limited to those characteristic of Epilepsy)' Severe and Persistent Muscle Spasms; (Including but not limited to those characteristic of Multiple Sclerosis) or
Post-Traumatic Stress Disorder (PTSD)
Michigan's Cannabis program can be accessed here: https://www.michigan.gov/mra/0,9306,7-386-79575---,00.html
MINNESOTA Medical and ADULT USE!!:
05/20/2023 Gov. Tim Waltz signed HF100 effectively legalizing cannabis use for those over the age of 21 in the state of Minnesota after August 1, 2023. Also allows for home cultivation. The full bill can be read here: https://www.lmc.org/news-publications/news/all/adult-use-cannabis-bill-passes-house-and-senate/
05/18/2021- HF 2128 is expected to be signed into law by Gov. Tim Waltz soon. The Minnesota House and Senate have approved a conference committee version of an omnibus health bill that allows flower for patients who are 21 or older and includes other medical cannabis improvements. Flower cannabis would be allowed beginning either on March 1, 2022, or at an earlier date if the Health Commissioner determines testing labs and rules are ready sooner.
1) Cancer associated with severe/chronic pain, nausea or severe vomiting, or cachexia or severe wasting.
4) Tourette Syndrome.
5) Amyotrophic Lateral Sclerosis (ALS).
6) Seizures, including those characteristic of Epilepsy.
7) Severe and persistent muscle spasms, including those characteristic of Multiple Sclerosis.
8) Inflammatory bowel disease, including Crohn’s disease.
9) Terminal illness, with a probable life expectancy of less than one year.*
* To qualify for the program, you must suffer from cancer or a terminal illness with a probable life expectancy of under one year, if your illness or its treatment produces one or more of the following: severe or chronic pain; nausea or severe vomiting; or Cachexia or severe wasting.
10) Intractable pain
11) Post-Traumatic Stress Disorder
13) Obstructive Sleep Apnea
14) Alzheimer’s disease (eff. 8/2019)
How much can I purchase? Minnesota Law 152.29 subd. 3 (6) states..."ensure that the medical cannabis distributed contains a maximum of a 30-day supply of the dosage determined for that patient."
Minnesota's Cannabis program can be accessed here: https://www.health.state.mn.us/people/cannabis/index.html
MISSISSIPPI MEDICAL USE: 2/10/23 Flower only right now but expected to receive tinctures and edibles in 3 weeks.
SB2095 will FINALLY become a Law.
"Under the new law, dispensaries are set be licensed in about six months, meaning Mississippi’s medical cannabis program could be up and running, at least in limited form, by the end of the year if all goes smoothly." Marijuana Moment
Limits are purchase of 3.5g of flower or 1g of concentrate per day. With a maximum monthly purchase of Three ounces.
State Issued Patient cards will be $25 and some people may qualify for a lower cost.
Cultivation is prohibited.
Caps on THC % set at 30%THC for flower and 60% for concentrates.
Taxes will be set at a wholesale rate of 5%. Purchases will also be subject to state taxes.
Smoking and vaping is allowed but it is still illegal to consume in public places and/or to be driving while under the influence of cannabis.
On the ballot 2020: Initiative 65, Medical access-passed but state legislatures blocked for many years.
Under Initiative 65, medical marijuana can be recommended for patients with at least one of the 22 specified qualifying conditions:
Epilepsy or other seizures
post-traumatic stress disorder (PTSD)
Crohn’s disease / Ulcerative Colitis
HIV / AIDS
Chronic or debilitating pain
Amyotrophic lateral sclerosis,
Agitation of dementias
Autism with aggressive or self-injurious behaviors,
Pain refractory to appropriate opioid management
Spinal cord disease or severe injury
Severe muscle spasticity
Another medical condition of the same kind or class to those herein enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks."
Under the measure, no medical marijuana treatment center can be located within 500 feet of a school, church, or child-care establishment.
Nothing in the measure requires a physician to issue a certification for a patient to obtain medical marijuana.
The Mississippi Department of Health was put in charge of implementing the provisions of the amendment and issuing rules and regulations for the program by July 1, 2021. The measure set a deadline for the department to issue identification cards and licenses for treatment center by August 15, 2021.
MISSOURI Medical and Adult Use:
Amendment 3 passed! This allows for adults over the age of 21 to purchase up to 3oz of flower, allows for cultivation with a registration card, and imposes a 6% tax on cannabis sales. The amendment can be accessed here: https://www.marijuanamoment.net/missouri-voters-approve-marijuana-legalization-initiative/
Missouri residents can start applying for a medical marijuana card on June 28th, 2019. The Missouri medical marijuana program registry will open July 4th, 2019. Missouri has become the 32nd state to legalize medical marijuana.
Intractable migraines unresponsive to other treatment;
A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a state licensed psychiatrist;
Human immunodeficiency virus or acquired immune deficiency syndrome;
A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
Any terminal illness; or
In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia and wasting syndrome.
The qualifying patient’s physician may certify up to four ounces of dried, unprocessed marijuana, or its equivalent, in a 30-day period. If there is a compelling reason why the qualifying patient needs a greater amount, then the Department requires two independent physician certifications specifying what other amount the qualifying patient needs. See 19 CSR 30-95.030(5)(E) for more information.
Missouri's Medical Cannabis regulatory agency can be accessed here: https://health.mo.gov/safety/medical-marijuana/
MONTANA Medical and Adult use:
On the ballot 2020: Measures 118 and 190, Adult use in Montana and Age limit of adult use set at 21-PASSED!!
A registered cardholder who has named a provider may possess up to 1 ounce of useable marijuana. A registered cardholder who has not named a provider may possess up to 4 mature plants, 12 seedlings, and 1 ounce of useable marijuana.
- Cancer, glaucoma or positive status for human immunodeficiency virus, or acquired immune deficiency syndrome 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 an intractable seizure disorder
- Multiple sclerosis
- Crohn’s disease
- Painful peripheral neuropathy
- A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
- Admittance into hospice care
- Post-traumatic stress disorder (PTSD)
Registered cardholders may possess the following:
- one (1) ounce of marijuana flower OR
- eight (8) grams of marijuana concentrate OR
- 800 mg of THC in marijuana infused products or edibles OR
- Sixteen (16) .5 ml vape cartridges OR
- Eight (8) 1 ml vape cartridges
one (1) ounce of marijuana flower = eighty (80) ten-milligram servings, or 800mg of THC in marijuana products or edibles = eight (8) grams of concentrate = eight (8) ml of vape cartridges
If you purchase ½ ounce of flower, you would also be able to purchase four (4) grams of marijuana concentrate OR 400 mg of infused products or edibles OR four (4) 1 ml vape cartridges OR eight (8) .5 ml vape cartridges
Montana's Cannabis program can be accessed here: https://dphhs.mt.gov/marijuana
NEBRASKA -No Access
Nebraskan conservatives are outspoken critics of cannabis. The state sued Colorado over alleged cannabis diversion; the legislature has killed every bill related to cannabis; and the governor has sworn to veto any legislation that would make it to his desk. Despite this general attitude towards cannabis, the legislature is contemplating a medical program, and hemp research crops have been grown in the state since November 2016.
Voters approved adult-use legalization in November 2016. Adults are allowed to possess up to an ounce of marijuana and up to 1/8 of an ounce of concentrated marijuana. Medical Marijuana dispensaries are authorized to sell medical marijuana to card holders from a variety of approved states if the patient presents a State or local government-issued medical marijuana card.
- Acquired Immune Deficiency Syndrome (AIDS)
- Post-Traumatic Stress Disorder (PTSD)
- Severe pain
- Severe nausea
- Seizures, including without limitation, seizures caused by epilepsy
- Persistent muscle spasms, including, but not limited to, spams caused by multiple sclerosis
Holding a Marijuana registry card does NOT exempt a person from the laws that apply to marijuana. It ONLY allows the holder of the card to possess: 1. Two and one half ounces of usable marijuana in any one 14 day period (defined in NRS 453A.160) 2. Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature (defined in NAC 453A.080) 3. A maximum allowable quantity of edible marijuana products (defined in NRS 453A.101) and marijuana-infused products (defined in NRS 453A.112) as established by regulation of the Division
Nevada's Medical Cannabis program can be accessed here: http://dpbh.nv.gov/Reg/Medical_Marijuana/
NEW HAMPSHIRE Medical only:
New Hampshire’s medical cannabis program was signed into law in July 2013 by then-Gov. Maggie Hassan. As of November 29, 2018, there were over 7,000 registered patients. Since adoption, several additional qualifying conditions have been added. Governor Chris Sununu signed a marijuana decriminalization bill in 2017, reducing penalties for possessing three quarters of an ounce or less of cannabis from a criminal misdemeanor to a civil violation punishable only by a fine. While recreational legalization is still up in the air, three cannabis bills have already been filed. One is in regards to clearing criminal and court records, another would add opiate addiction to the list of qualifying conditions, and the third would allow medical patients to cultivate their own marijuana.
A) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn's disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (B); AND
(B) 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, agitation of Alzheimer's disease, 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;
"Qualifying medical condition" also means:
(A) Moderate to severe chronic pain.
(B) Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
(C) Moderate or severe post-traumatic stress disorder.
Pursuant to RSA 126-X:2, I: “A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following: (a) Two ounces of usable cannabis; and (b) Any amount of unusable cannabis.”
New Hampshire's medical cannabis program can be accessed here: https://www.dhhs.nh.gov/oos/tcp/
NEW JERSEY Medical and Adult use:
05/01/2022: "Rep. Eleanor Holmes Norton Tweeted "NJ reported $2million in sales on first day of commercialization..." https://www.marijuanamoment.net/new-jersey-sold-nearly-2-million-in-adult-use-marijuana-on-first-day-of-sales-state-data-shows/
06/28/2021: Gov Phil Murphy signed a bill allowing for cannabis recommendations via Telemedicine. https://www.nj.gov/governor/news/news/562021/20210624c.shtml
03/2021 Update from Project CBD.org: https://www.projectcbd.org/politics/cannabis-legalization-new-jersey-beats-new-york-punch
On the Ballot in 2020: The New Jersey Legalization Marijuana Amendment, Adult use in NJ-PASSED!
2020 update: The ballot measure did not provide additional specifics, such as possession limits, home-grow rules, and retail regulations; rather, the legislature and CRC needed to enact additional laws and regulations.
Chronic pain related to musculoskeletal disorders
Chronic pain of visceral origin
Amyotrophic lateral sclerosis
Inflammatory bowel disease, including Crohn’s disease
Terminal illness, if the physician has determined a prognosis of less than 12 months of life.
The following conditions apply, if the patient is resistant to, or intolerant to, conventional therapy:
- Seizure disorder, including epilepsy
- Intractable skeletal muscular spasticity
- Post-Traumatic Stress Disorder
The following conditions apply, if severe or chronic pain, severe nausea or vomiting, cachexia or wasting syndrome results from the condition or its treatment:
- Positive status for human immunodeficiency virus
- Acquired immune deficiency syndrome
Written instructions to a registered qualifying patient and/or the patient's primary caregiver concerning the total amount of usable marijuana that may be dispensed to the patient, in weight, in a 30-day period, which amount shall not exceed two ounces.If the physician does not specify an amount, the maximum amount that may be dispensed at one time is two ounces;
Patients and caregivers are not permitted to grow or cultivate marijuana, or be in possession of a marijuana plant.
New Jersey's medical cannabis program can be accessed here: https://www.nj.gov/health/medicalmarijuana/
NEW MEXICO Medical and Adult use!!!!
On 4/12/2021, New Mexico Gov. Michelle Lujan Grisham just signed two bills that will end cannabis prohibition in the state! The first, HB 2, legalizes cannabis for adults. While companion legislation, SB 2, allows for automatic expungement of past cannabis convictions and pardons for those currently incarcerated for low-level marijuana offenses. With Gov. Grisham’s signature, New Mexico is now the 18th state to legalize adult-use cannabis and the fifth to do so through the legislative process rather than by voter initiative. The Cannabis Regulation Act (HB 2) legalizes, regulates, and taxes cannabis for adults 21 and older, allowing for personal possession of at least two ounces and home cultivation of six plants. You can read a summary of the new law here.
On 3/31/2021, members of the New Mexico House and Senate advanced legislation to the Governor legalizing the adult-use marijuana market and expunging the criminal records of those convicted of low-level cannabis offenses. The Governor praised their efforts and vowed to sign the bills into law imminently.
Spinal Cord Damage with Intractable Spasticity
Painful peripheral neuropathy
Hepatitis C infection currently receiving antiviral treatment
Post-Traumatic Stress Disorder
Amyotrophic Lateral Sclerosis
Severe Chronic Pain
Inflammatory autoimmune-mediated arthritis
Inclusion Body Myositis
Patients or primary caregivers are allowed to possess no more than 230 units (approximately eight ounces of flower or buds).
New Mexico's Medical cannabis program can be accessed here: https://nmhealth.org/about/mcp/svcs/
NEW YORK Medical and Adult-use:
1/25/2022: New York regulators announced that doctors can now recommend medical cannabis for any condition they see fit. It’s a major expansion to the program as officials continue to work to launch the broader recreational marijuana market.
- Medical cannabis products are not a covered benefit under New York State Medicaid. However, practitioner office visits related to patient evaluation and certification for medical cannabis are Medicaid reimbursable services: https://cannabis.ny.gov/medical-cannabis-office-visits
March 31, 2021 NY became the 16th state to legalize adult-use cannabis. Bill S.854-A/A.1248-A was signed by Governor Andrew Cuomo, legalizing adult-use cannabis. "The law will establish the Office of Cannabis Management to implement a comprehensive regulatory framework that will cover medical, adult-use, and cannabinoid hemp. The law will also expand New York State's existing medical marijuana and cannabinoid hemp programs." You can access the new provisions here:
- Effective immediately, personal possession of up to three ounces of cannabis and 24 grams of concentrate is current legal limit.
- Bill also includes provisions on automatic expungement and community reinvestment.
- Changes will be made to cultivation and home growing liberties.
- Changes, expansions and additions will also be made to the current medical marijuana list of qualifying conditions.
- New rules will be set for revenue distribution and taxation.
- Delivery and social consumption sites will also be allowed.
On 3/30/2021, New York lawmakers passed legislation legalizing the adult-use marijuana market, and permitting for the personal use, possession, and cultivation of cannabis. Hours later, the Governor signed the bill into law – with the provisions legalizing personal marijuana possession taking immediate effect.
On July 29th, 2019, Governor Andrew Cuomo signed a bill which removed criminal penalties for the possession of up to 2 ounces of cannabis, with a maximum fine of up to $200. The bill will go into effect Wednesday, August 28th, 2019. New York has a restrictive dispensary system, along with limited doctor participation and product availability, though the state is working on trying to improve the system. Smoking is not permitted and the regulations prohibit edibles. On September 1, 2018, the New York Police Department began issuing tickets for people who smoke marijuana in public instead of arresting them. Opioid Use was added as a qualifying condition. Governor Andrew M. Cuomo stated that he would push to legalize recreational marijuana in 2019. Two senate bills have been filed: one to allow patients to smoke marijuana and one which would permit qualifying students to have medical cannabis administered at school.
HIV infection or AIDS
amyotrophic lateral sclerosis (ALS)
Spinal cord injury with spasticity, epilepsy
Inflammatory bowel disease
Post-traumatic stress disorder
Chronic pain (as defined by 10 NYCRR §1004.2(a)(8)(xi))
or any condition for which an opioid could be prescribed (provided that the precise underlying condition is expressly stated on the patient’s certification)
The severe debilitating or life threatening condition must also be accompanied by one or more of the following associated or complicating conditions: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms, PTSD or opioid use disorder (only if enrolled in a treatment program certified pursuant to Article 32 of the Mental Hygiene Law).
New York's Medical Cannabis program can be accessed here: https://www.health.ny.gov/regulations/medical_marijuana/regulations.htm
NORTH DAKOTA Medical only:
2023: North Dakota Governor signs bill letting people in hospice care self-certify as medical marijuana patients. https://www.marijuanamoment.net/north-dakota-governor-signs-bill-letting-people-in-hospice-care-self-certify-as-medical-marijuana-patients/
North Dakota voters passed medical medical cannabis in November 2016. The first dispensary opened in Fargo on March 1, 2019. A registered qualifying patient can purchase up to 2.5 ounces of dried leaves and flowers (special authorization from the health care provider is required) in a 30 day period. A patient can purchase up to 2,000 mg of other cannabis product in a 30 day period. Concentrates, tinctures, capsules, transdermal patches, and topicals are permitted. A measure to legalize recreational marijuana in the November 2018 election failed. The House passed a number of bills to expand the medical marijuana program in February 2019, including a bill that would add 13 new medical conditions to the list of debilitating medical conditions.
- Positive status for Human Immunodeficiency Virus (HIV)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated cirrhosis caused by hepatitis C
- Amyotrophic Lateral Sclerosis (ALS)
- Post-traumatic Stress Disorder (PTSD)
- Agitation of Alzheimer’s disease or related dementia
- Crohn’s disease
- Spinal stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- A terminal illness
- A chronic or debilitating disease or medical condition or treatment for such disease or medical condition that produces one 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 three months or for which other treatment options produced serious side effects
* Intractable nausea
* Severe and persistent muscle spasms, including those characteristic of multiple sclerosis
North Dakota's Medical Marijuana program can be accessed here: https://www.health.nd.gov/mm
NORTH CAROLINA CBD/Low THC:
Must be less than 0.9% THC and at least 5% CBD. The program lacks a mechanism to obtain oil.
Intractable epilepsy, meaning a seizure disorder that, as determined by a neurologist, does not respond to three or more treatment options overseen by the neurologist.
North Carolina does not have a regulatory agency.
OHIO Medical and Adult use:
11/7/2023 Ohio Passed Issue 2, Adult use cannabis laws. Although not a constitutional amendment, which opens the gates for repeal or amendments to be made, allows access to cannabis products for those 21 and older.
From MG magazine: A “yes” vote supported: Allowing the sale and purchase of marijuana. A new division of cannabis control would regulate and oversee the compliance and standardization of marijuana businesses and production. Allowing adults who are at least 21 years old to use and possess marijuana, including up to 2.5 ounces of flower and 15 grams of concentrates. Allowing adults who are at least 21 years old to cultivate up to six marijuana plants at home, while households can cultivate up to 12 plants collectively. Enacting a 10-percent tax on marijuana sales with revenue directed toward establishing a cannabis social-equity and jobs program designed to provide financial support and assistance for license applicants who have been disproportionately affected by past marijuana-related law enforcement.
Unlike in other states that recently legalized adult use, Ohio’s ballot initiative did not include a provision for expungement of past nonviolent cannabis-related crimes.
Ohio's medical marijuana program became law in June 2016. Since legalization, the state has been releasing regulations and the cannabis committee has been meeting. Smoking and combustion are not allowed but oils, tinctures, plant material, edibles and patches are permitted. The amount of medical marijuana possessed by a registered patient or caregiver must not exceed a 90-day supply. The first medical marijuana dispensary may open as early as January 2019. The industry may be unable to provide a full supply of products at all licensed locations until later in 2019.
(1) Acquired immune deficiency syndrome;
(2) Alzheimer's disease;
(3) Amyotrophic lateral sclerosis;
(5) Chronic traumatic encephalopathy;
(6) Crohn's disease;
(7) Epilepsy or another seizure disorder;
(10) Hepatitis C;
(11) Inflammatory bowel disease;
(12) Multiple sclerosis;
(13) Pain that is either Chronic and severe, or Intractable;
(14) Parkinson's disease;
(15) Positive status for HIV;
(16) Post-traumatic stress disorder;
(17) Sickle cell anemia;
(18) Spinal cord disease or injury;
(19) Tourette's syndrome;
(20) Traumatic brain injury;
(21) Ulcerative colitis;
Ohio's Medical Cannabis program can be accessed here: https://www.medicalmarijuana.ohio.gov/
In Ohio CBD is sold only in Medical Dispensaries and the Ohio Board of Pharmacy recently banned stores, other than state-licensed medical dispensaries from selling the product. https://cfah.org/cbd-oil-ohio/
OKLAHOMA Medical only:
Voters passed State Question 788 in June 2018, legalizing medical marijuana in Oklahoma. Those with a state issued medical marijuana license can legally possess up to three (3) ounces of marijuana on their person; possess six (6) mature marijuana plants; possess one (1) ounce of concentrated marijuana; possess seventy-two (72) ounces of edible marijuana; and possess up to eight (8) ounces of marijuana in their residence. Patients with a medical marijuana card from a different state can now apply for a temporary medical marijuana license in Oklahoma, which is valid for only 30 days.
There are no qualifying conditions. All applications for a medical license must be signed by a registered Oklahoma Board certified physician.
Oklahoma Medical Marijuana Authority can be accessed here: http://omma.ok.gov/
Measure 91 was approved by voters in 2014, which legalized non-medical cultivation and uses of cannabis in Oregon beginning July 1, 2015. Recreational dispensaries can sell tax-free products to medical cannabis cardholders.
- A degenerative or pervasive neurological condition
- Post-traumatic stress disorder (PTSD)
- A medical condition or treatment for a medical condition that produces one or more of the following:
- Cachexia (a weight-loss disease that can be caused by HIV or cancer)
- Severe pain
- Severe nausea
- Seizures, including but not limited to seizures caused by epilepsy
- Persistent muscle spasm, including but not limited to spasms caused by multiple sclerosis
Is there a limit on how much marijuana an OMMP patient or caregiver can possess or purchase from a dispensary?
Yes. A patient or caregiver may only possess:
- 24 ounces of usable marijuana;
- 16 ounces of a medical cannabinoid product in solid form;
- 72 ounces of a medical cannabinoid product in liquid form;
- 16 ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system;
- Five grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;
- Four immature marijuana plants; and
- 50 seeds.
Recreational possession limits are as follows:
- One ounce of usable marijuana on your persons in public;
- 8 ounces of usable marijuana in your home;
- 16 ounces of a cannabinoid product in solid form;
- 72 ounces of a cannabinoid product in liquid form;
- Five grams of cannabinoid extracts or concentrates, whether sold alone or contained in an inhalant delivery system;
- Four marijuana plants; and
- Ten marijuana seeds.
Oregon's medical cannabis program can be accessed here: https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUANAPROGRAM/pages/index.aspx
Oregon's recreational cannabis program can be accessed here:https://www.oregon.gov/olcc/marijuana/Pages/default.aspx
PENNSYLVANIA Medical only:
Pennsylvania is one of the latest states to join the medical cannabis group, doing so in April 2016. The law notably features some employee protections for patients. Special temporary regulations were previously issued that create a process for minors to get permission to obtain out-of-state cannabis and bring it into Pennsylvania. The first medical marijuana dispensary opened its doors on May 30, 2018. Flower is not allowed, nor are pre-made edibles (that is, patients can make their own edibles from products purchased at a dispensary, but not stores may not sell edibles.) SB350, the Adult Use Cannabis Bill, was introduced on Tuesday, October 15th, 2019.
* Amyotrophic lateral sclerosis
* Cancer, including remission therapy
* Crohn’s disease
* Damage to the nervous tissue of the central nervous system (brain-spinal cord) with objective neurological indication of intractable spasticity, and other associated neuropathies
* Dyskinetic and spastic movement disorders
* HIV / AIDS
* Huntington’s disease
* Inflammatory bowel disease
* Intractable seizures
* Multiple sclerosis
* Neurodegenerative diseases
* Opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, or for which adjunctive therapy is indicated in combination with primary therapeutic interventions
* Parkinson’s disease
* Post-traumatic stress disorder
* Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain
* Sickle cell anemia
* Terminal illness
Pennsylvania's Medical cannabis program can be accessed here: https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Medical%20Marijuana.aspx
RHODE ISLAND Medical and ADULT USE:
Adult use rules:
Purchase and Possess 1 oz of Cannabis
Possess up to 10oz if cannabis in the home
Possess up to 5 gm of Cannabis Concentrate (not including the weight of any ingredient combined with the concentrate)
Transfer up to 1oz of Cannabis to another adult
Cultivate up to three mature cannabis plants and three immature.
Rhode Island has a medical dispensary program. A July 2016 law added PTSD and hospice. A legislative commission was formed in 2017 to evaluate the impacts of legalizing marijuana recreationally. The board was expected to issue recommendations for creating a market in March but instead wants to extend its work and release a report by February 2019. The governor is seeking to expand the medical marijuana program. There is a bill in the Senate that would increase the number of Compassion Centers permits from 3 to 12. Rhode Island law states; "provided that the qualifying patient cardholder possesses an amount of medical marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature marijuana plants that are accompanied by valid medical marijuana plant tags, two and one-half ounces (2.5 oz.) of dried medical marijuana..."
- Cancer or the treatment of this condition
- Glaucoma or the treatment of this condition
- Positive status for Human Immunodeficiency Virus (HIV) or the treatment of this condition
- Acquired immune deficiency syndrome (AIDS) or the treatment of this condition
- Hepatitis C or the treatment of this condition
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia or wasting syndrome
- Severe, debilitating, chronic pain
- Severe nausea
- Seizures, including but not limited to those characteristic of epilepsy
- Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis or Crohn's disease
- Agitation related to Alzheimer's Disease
Rhode Island states >>>>> for personal medical use
Rhode Island Medical cannabis program can be accessed here: https://health.ri.gov/programs/detail.php?pgm_id=150
SOUTH CAROLINA CBD/Low THC:
Only oil is allowed and it must be at least 15% CBD and not more than 0.9% THC. Licensed physicians are able to recommend CBD oil under FDA-approved clinical trials. The Medical University of South Carolina is conducting studies with the oil. A medical cannabis bill, known as the South Carolina Compassionate Care Act, passed the House Medical, Military, Public and Municipal Affairs Committee and will be sent to the House for consideration. While the session ended before it was voted on, advocates are optimistic that they will have the votes to pass it in the next session beginning in 2019.
Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.
There is no current regulatory agency for cannabis in the state of South Carolina. Department of Health and Environmental Control oversee what does currently exist.
SOUTH DAKOTA: MEDICAL only
2022 session: Measure 27 was ultimately defeated, leaving South Dakotan's behind in accessing cannabis. The highlights can be accessed here: https://www.marijuanamoment.net/south-dakota-marijuana-legalization-ballot-initiative-defeated-by-voters/
Marijuana Policy Project reports "During the 2021 South Dakota legislative session, Gov. Kristi Noem, House Speaker Spencer Gosch, and their legislative allies attempted to severely delay the implementation of the medical marijuana law established by Measure 26 — the ballot initiative approved by 70% of South Dakota voters on Election Day 2020....As a result, the medical marijuana law approved by voters was not changed at all. You can read the law here: SDCL 34-20G."
On the ballot 2020: Measure 26 and Constitutional amendment A. Medical access to cannabis and Adult use, Amendment A seeks to protect Medical access.- PASSED by the people, overturned by the courts.
- Directs the South Dakota Department of Health to establish a registration system for patients with qualifying health conditions, including those that cause severe pain, seizures, muscle spasms, or nausea.
- Requires patients to submit a written certification from a practitioner licensed to prescribe drugs.
- Allows registered patients to possess up to three ounces of marijuana, with additional allowances for infused products and cultivated plants, as permitted by the Dept. of Health and the patient’s physician.
- Mandates the implementation of stringent rules related to packaging and labeling of products and puts limitations on advertising by medical marijuana establishments.
- Prohibits the Dept. of Health from sharing private patient information for any reason other than enforcement of rules specified in the initiative.
- Grants authority to local governments to establish additional regulations on medical marijuana establishments.
- Establishes a system of licenses and regulations administered by the Dept. of Health for medical marijuana cultivation facilities, dispensaries, manufacturing facilities, and testing laboratories.
Amendment A- Adult use
- Legalizes possession of up to an ounce of marijuana for adults 21 as well as cultivation of up to three marijuana plants, if the individual lives in a city or town without a retail marijuana business.
- Tasks the State Dept. of Revenue to implement a system of licenses and regulations for adult-use marijuana establishments, including cultivation facilities, testing facilities, and retailers.
- Gives localities authority to issue additional regulations and licenses for adult-use marijuana establishments.
- Establishes a 15% tax on non-medical marijuana sales; after covering administrative costs, half of the revenue raised is directed to South Dakota public schools with the remainder would be deposited in the general fund.
- Requires the legislature to adopt laws for hemp and medical marijuana.
TENNESSEE-Limited medical-Low THC oil:
In 2015, legislature enacted SB 280, which allows a person who obtained cannabis oil lawfully in another state to possess it in Tennessee but one must have “proof of the legal order or recommendation from the issuing state”. It must contain less than 0.9% THC; no minimum amount of CBD is required. The sponsor of a 2018 bill that would legally allow qualifying Tennesseans to use medical cannabis killed the proposal due to lack of support. Lawmakers filed over 30 marijuana-related bills during the 2017-2018 legislative session but none were enacted.
There is no current regulatory agency for cannabis in the state of Tennessee.
TEXAS-Medical/Compassionate use program, CBD/Low THC
2022 mid terms: Five cities in Texas voted to decriminalize cannabis. https://www.marijuanamoment.net/texas-voters-in-five-cities-approve-marijuana-decriminalization-ballot-initiatives/
- What is "Low-THC" Cannabis? Texas Occupations Code Sec. 169.001defines "Low-THC Cannabis" as the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:
- Not more than 1 percent by weight of tetrahydrocannabinols.
November 11, 2021: Ban on Delta 8 is temporarily lifted, it is legal to purchase Delta-8 products in the state of Texas. State law is under review on January 28th, 2022.
October 22, 2021: Delta 8 THC becomes illegal in the state of Texas, shocks many Retailers. Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances. A list of Schedule I controlled substances can be found at the following link: Schedule I Controlled Substances. https://www.marijuanamoment.net/texas-hemp-retailers-scramble-after-state-says-delta-8-thc-is-an-illegal-drug/
December 5, 2019: HB 3703 Implementation Update
Link to approved "Incurable neurodegenerative" Medical Conditions, State of Texas,
Beginning December 12, the CURT system will recognize incurable neurodegenerative disease as a medical condition for which low-THC cannabis may be prescribed. As required by HB 3703, the Texas Department of State Health Services has designated the applicable neurodegenerative diseases by rule effective December 5, 2019. See 25 Tex. Admin. Code 1, §1.61.
October 23, 2019: Program Development Update
- The department is not currently accepting new applications for dispensing organization licenses but ongoing operations are unchanged: qualified physicians continue to register as prescribers of low-THC cannabis, and current licensed dispensing organizations continue to fill prescriptions for patients with the required medical conditions.
- Physicians seeking to register as prescribers will now be able to select from a dropdown list the Medical Board issuing their specialty certification.
- The CURT prescription interface now includes:
- The ability to enter prescriptions as a ratio of CBD to THC,
- An expanded Prescription Instruction field to accommodate the need for additional information,
- A new field for dispensing organizations to add fulfillment notes. The physician will be able to see the fulfillment notes after the prescription is filled.
September 12, 2019: HB 3703 Implementation Update
Updated physician search is now available. The search results provide practice information of physicians who have expressly granted permission for publication.
August 15, 2019: HB 3703 Implementation Update
At this time, DPS is accepting physician registration applications to encompass the expanded list of medical conditions. Qualified physicians will now be able to issue prescriptions to patients with any of the following medical conditions:
- A seizure disorder
- Multiple sclerosis
- Amyotrophic lateral sclerosis
- Terminal cancer
NOTE: Incurable neurodegenerative diseases are not currently available as a basis for prescription, pending rule adoption by Health and Human Services Commission designating applicable diseases.
July 29, 2019: Changes to the Prescription Process:
With the passage of HB 3703 into law, secondary physician consultation is no longer necessary to create a prescription. Beginning July 25, 2019, physicians can proceed directly from treatment plan to prescription entry. Additional changes are in progress as the program expands to allow new physician specialties and conditions for which low-THC cannabis may be prescribed. Please check back as changes will be posted on the website as they are available.
June, 2019, Gov. Abbott signed legislation (House Bill 3703) expanding state's medical marijuana program; Compassionate Use Act now includes more conditions (terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, Alzheimer’s, Parkinson’s and Huntington’s Disease); Goes into effect immediately. The Texas Compassionate Use Act legalized the sale of cannabis oil for epilepsy patients who have found two FDA-approved drugs ineffective. Just 21 doctors across the state are registered with the Texas Department of Public Safety to prescribe it and two doctors must sign off on the treatment plan. The Texas Department of Public Safety authorized three dispensaries to begin growing and distributing the oil. CBD is allowed, so long as at least 10% CBD and not more than 0.50% THC. Smoking is banned. Some critics believe more statutes amending the existing law will need to be passed before the program can effectively function. For example, as formerly mentioned doctors must "prescribe," rather than "recommend," a hurdle which could stop the entire program.
As of June, 2019, the following qualifying conditions were added: Terminal Cancer, Autism, Multiple Sclerosis, Amyotrophic Lateral Sclerosis (ALS), Seizure disorders, Alzheimer’s, Parkinson’s and Huntington’s Disease. "Intractable epilepsy," meaning a seizure disorder in which the patient's seizures have been treated by two or more appropriately chosen and maximally titrated anti-epileptic drugs that have failed to control the seizures.
There is no current regulatory agency for cannabis in the state of Texas.
Utah voters approved Proposition 2 on November 6, 2018, allowing the use of medical marijuana for certain illnesses, such as cancer and PTSD. Patients with a qualifying condition can obtain a recommendation for marijuana from a physician. Facilities will be authorized to grow and sell medical and their licensing and registration fees will fund the program. A provision effective January 1, 2021, allows medical marijuana card holders who live more than 100 miles from a dispensary to grow up to six plants for personal use. Smoking cannabis is prohibited. Patients can purchase up to two ounces of cannabis flower or cannabis product that has no more than 10 grams of THC or CBD during a 14-day period.
"Intractable epilepsy," meaning epilepsy that, as determined by a neurologist, does not respond to three or more treatment options overseen by the neurologist.
There is no current regulatory agency for cannabis in the state of Utah. Department of Health does maintain a hemp registry for cardholders.
Utah's Medical cannabis program can be accessed here: https://medicalcannabis.utah.gov/patients/i-am-a-patient/
Utah state law BH3001 states medical cannabis cardholders may "possess not more than
113 grams of unprocessed cannabis; or (B) an amount of cannabis product that contains 20 grams of total composite tetrahydrocannabinol [ or cannabidiol ]."
Oct 2022: Vermont is expected to begin recreational cannabis sales beginning 10/1/2022, if not sooner. https://www.cannabisbusinesstimes.com/article/vermont-adult-use-cannabis-sales-launch-3-dispensaries/
On October 7, 2020, Bill S.54, the bill to legalize, regulate and tax cannabis sales, was passed without Gov. Phil Scott's signature. The new laws take into effect January 1, 2021. https://legislature.vermont.gov/Documents/2020/Docs/BILLS/S-0054/S-0054%20As%20passed%20by%20the%20Senate%20Official.pdf
On January 22, 2018, Governor Phil Scott signed a bill legalizing the possession and the limited cultivation of cannabis by adults 21+. It took effect on July 1, 2018. Adults 21+ legally can possess up to one ounce of marijuana and can grow up to two mature marijuana plants and four immature marijuana plants per housing unit. The Marijuana Advisory Commission has completed a statewide listening tour and will compile a report on how to create and implement a regulated and taxed market. S. 54, which would establish the Cannabis Control Board as the state’s regulatory body for a legal cannabis market, was passed by the Senate in February.
Vermont has an established medical dispensary system. The State passed an amendment in 2016 that now allows for dispensaries to sell to one another, requires child-resistant packaging, and adds several qualifying conditions. In 2017, a bill was signed that added post-traumatic stress disorder (PTSD), Parkinson’s disease, and Crohn’s disease to the list of qualifying conditions.
Or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms;
PTSD, provided the applicant is undergoing psychotherapy or counseling with a licensed mental health care provider; or
A disease or medical condition or its treatment that is chronic, debilitating, and produces one or more of the following intractable symptoms: cachexia or wasting syndrome; chronic pain; severe nausea; or seizures.
Vermont law states "Possession limit is defined by Vermont law to mean the amount of marijuana collectively possessed between the registered patient and the patient’s registered caregiver. All registered patients may possess no more than two ounces of usable marijuana, 2 mature marijuana plants, and 7 immature marijuana plants."
PLEASE NOTE: The possession limit remains the same even if a registered patient registers as a caregiver for another registered patient.
Vermont's Medical Cannabis program can be accessed here: https://medicalmarijuana.vermont.gov/
VIRGINIA- Medical access and Adult use
Update: April 7, 2021, the Virginia Legislature gave final approval to Gov. Ralph Northam's amendments to the adult-use legalization bill, making Virginia the17th state—and the first in the South—to legalize cannabis! It is also the fourth state to pass legalization through its state legislature, as opposed to via voter referendum.
Adults in Virginia can legally possess and share up to one ounce of cannabis and cultivate up to four (4) cannabis plants at their primary residence.
Per Gov. Northam's amendments, personal possession and cultivation of cannabis will now become legal for adults on July 1, 2021, and the state will begin laying the groundwork for the regulated market beginning this summer. You can read Marijuana Policy Project's summary of the legislation here.
HB 265-marijuana decriminalization:
On 3/31/2021, Virginia’s Governor called for lawmakers to amend legislation in order to expedite the timeline for when Virginians can legally possess and grow marijuana from January 1, 2024 to July 1, 2021. Legislators will vote on the amendments next week.
Update Feb 27, 2021: Possession and cultivation of cannabis will not become legal for adults until January 2024, but the state will begin laying the groundwork for the regulated market beginning this July.
Beginning January 1, 2024:
- Adults who are 21 or older could possess up to one ounce of cannabis, or the equivalent amount of cannabis products, and could gift the same amount to other adults.
- Adults could securely and discreetly cultivate up to four cannabis plants at their primary residence. (The four-plant cap also applies to households.) Each plant must have a tag with identifying information on the grower.
- Possessing more than an ounce, but no more than one pound, would be punishable by a civil fine of up to $25.
- Possessing more than one pound could result in up to 1-10 years in prison.
In May 2020, Gov. Ralph Northam signed SB 2/ HB 972 into law, which decriminalizes up to one ounce of marijuana. In doing so, Virginia became the 27th state to decriminalize simple marijuana possession It also creates a workgroup to study legalization and produce findings by November 30. The new law went into effect on July 1, 2020. You can read a full summary of the bill here.
Patients are now formally protected from arrest and prosecution for possessing their medicine — they no longer merely have an affirmative defense. Additionally, Virginia patients with any condition are now able to receive recommendations to use and purchase cannabis preparations with no more than 10 milligrams of THC per dose. Flower is not allowed.
Registration applications for patients, parents/legal guardians, and physicians are available through the Board of Pharmacy. Cannabis extracts are produced and sold in Virginia only by specially licensed businesses called “pharmaceutical processors.” The Board of Pharmacy has issued approval to five pharmaceutical processors to produce and dispense these oils. The first sales of cannabis extracts began on October 14, 2020.
Virginia Law BEFORE July 1, 2020: The oil must at least 15% CBD or at least 15% THCA-A and may contain no more than 5% THC. In March of 2018, the state expanded the affirmative defense for possession of medical cannabis oils to any diagnosed condition while the state establishes five “pharmaceutical processors”, one for each of Virginia’s five health regions. The Pharmacy Board released 24 pages of regulations that set rules for every stage of the CBD oil process. Patients and their doctors will have to register with the Pharmacy Board before they can make their first purchase. The earliest estimated date when the oil will be available at a licensed facility is late 2019.
Qualifying conditions: Intractable epilepsy, cancer, Crohn’s disease or any other medical condition.
There is no current regulatory agency for cannabis in the state of Virginia. However, the board of pharmacy issues pharmaceutical processor permits which can be accessed here: https://www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/default.htm
Marijuana Policy Project Updates: https://www.mpp.org/states/virginia/
The Washington medical program was subsumed into the recreational program. Recreational stores are open. Medical cardholders may purchase in certain recreational stores sales-tax free, and/or join a co-op (co-ops are limited to 4 members, and must be in a home). Washington currently does not mandate pesticide testing.
- Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders.
- Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications.
- Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications.
- Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications.
- Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications.
- Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications.
- Chronic renal failure requiring hemodialysis.
- Posttraumatic stress disorder.
- Traumatic brain injury.
Washington state's Recreational purchase limits are as follows: 21 or older, you can possess:
- One ounce of usable marijuana
- Sixteen ounces of marijuana-infused product in solid form
- Seventy-two ounces of marijuana-infused product in liquid form, or
- Seven grams of marijuana concentrate
Washington State's Medical limits are as follows: Qualified medical cardholders registered in the state of Washington can have:
- Up to three ounces of marijuana flower
- Up to 48 ounces of marijuana-infused products in solid form
- Up to 216 ounces of infused marijuana product in liquid form
- Up to 21 grams of marijuana concentrates
Washington State's Medical cannabis program can be accessed here: https://www.doh.wa.gov/YouandYourFamily/Marijuana/MedicalMarijuana
2023: Medical Cannabis Amendment Act passed! The Medical Cannabis Amendment Act further codifies that adults can self-certify as medical marijuana patients. https://www.marijuanamoment.net/d-c-medical-marijuana-expansion-bill-eliminating-licensing-caps-becomes-law-following-congressional-review/
2022: Supporting Dispensary member, Takoma Wellness is now open for anyone 21 and over! DC residents can self-certify (no need for a physician) at a dispensary for free and receive a card valid for two years immediately. Those with medical cards can also come to us and we will accept their cards. And those without a medical card (including people from outside the country) can obtain a temporary card for $30 that is valid for 30 days. Renewal is possible every 30 days. People can obtain these digital cards either on online at the https://abra.dc.gov/page/medical-cannabis-patients website or at our dispensary.
The above legislation, enacted immediately, allows for anyone over the age of 21 to self certify the need for medical cannabis.
2/15/2022: https://abra.dc.gov/release/mayor-bowser-signs-bill-creating-medical-cannabis-sales-tax-holiday DC's Mayor signed the "Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022" This creates a Sales tax holiday for selected Dispensaries in the DC area, one of which is Leaf411 support member, Takoma Wellness. The holiday will start on Friday, April 15, 2022, and end on Sunday, April 24, 2022. During this time, any Cannabis products purchased at one of the seven (7) licensed dispensaries will be exempt from the 6% sales tax.
This Emergency Act also doubles caregiver and patient registration time limits from one to two years.
"Previously adopted emergency rulemaking waives registration fees ($100 for standard registrations, $25 for reduced rate registrations) through Sunday, April 24, 2022, and allows DC patients whose registrations expired on or after March 1, 2020 to continue to purchase medical cannabis at DC’s seven (7) licensed dispensaries until September 30, 2022."
"Lastly, the Act permits DC residents 65 years of age and older to self-certify that they will use cannabis for medical purposes in lieu of including a recommendation from their healthcare practitioner with their registration application as is required for all other applicants. The self-certification form is available online."
Regarding adult-use, those over 21 may grow and give away, but no recreational sales are allowed. Congress is preventing enforcement of any system to regulate; nonetheless, a task force is at work creating recommendations, and there is a pending bill that would create a regulatory scheme. Washington DC voters first approved medical cannabis in 1998, but it was many years before the Federal Congress let dispensaries open. The system now has almost 4,000 patients. Physicians in DC do not need to report a specific condition. DC recently increased the amount allowed to possess from two to four ounces, along with several other expansions to the system. Notably, DC recently approved medical card reciprocity.
N/A Physicians are no longer required to report a specific condition for patients; however, a bona fide physician-patient relationship must exist.
Washington DC's possession limits:You may purchase up to 4oz in a thirty (30) day timeframe.
Washington DC's medical cannabis program can be accessed here: https://abca.dc.gov/node/1672686#gsc.tab=0
WEST VIRGINIA-Medical only:
The West Virginia Medical Cannabis Act was signed into law on April 19, 2017. Cannabis can be in the following forms: pill; oil; topical forms including gels, creams or ointments; a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plant forms become acceptable under rules adopted by the Bureau for Public Health; tincture; liquid; or dermal patch. The Bureau for Public Health may not issue the patient and caregiver identification cards necessary to obtain medical cannabis until July 1, 2019. Up to that time, the Bureau will be preparing to issue formal rules in a sequential manner to implement the Act.
UPDATE* 11/19/2019 The West Virginia Department of Health and Human Resources, Bureau for Public Health today announced its Office of Medical Cannabis will begin accepting permit applications for medical cannabis growers, processors, dispensaries, and laboratories on December 19, 2019. The application period will be open for 60 days, ending on February 18, 2020 at 3:00 p.m. EST. After February 18, 2020, no additional applications will be accepted.
- Positive status for human immunodeficiency virus or acquired immune deficiency syndrome.
- Amyotrophic lateral sclerosis.
- Parkinson’s disease.
- Multiple sclerosis.
- Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.
- Huntington’s disease.
- Crohn’s disease.
- Post-traumatic stress disorder.
- Intractable seizures.
- Sickle cell anemia.
- Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective as determined as part of continuing care.
- Terminal illness that is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.
Current information regarding West Virginia's Medical cannabis program can be accessed here: https://dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx
WISCONSIN- No access
Medical : Limited - possession of marijuana-derived CBD oil is legal with a doctor's certification.
Adult Use : Limited. Voters in Milwaukee County will be asked on the November 6th ballot if Wisconsin should legalize recreational marijuana use. The ballot question is advisory in nature and is constructed to pressure the state legislature to pass a recreational marijuana bill.
Previously, it was strictly for a ‘seizure disorder’ but with the signing of 2017 Senate Bill 10 it changed it to "Medical condition". On April 27, 2018, the Wisconsin Department of Justice released a memo to advise law enforcement, saying: "CBD oil and other CBD products, with or without THC, are illegal to possess or distribute within the State of Wisconsin except for patients with a doctor's certification in very limited circumstances." The Attorney General later reversed the memo a few days later after meeting with industry representatives and said Wisconsin farmers who grow industrial hemp can produce CBD oil from it.
Limited CBD only. Must be at least 5% CBD and not more than 0.3% THC. There is no mechanism for obtaining it. There will be no cannabis proposals on the 2018 ballot.
"Intractable epilepsy," meaning epilepsy or seizure disorders that, as determined by a neurologist, does not respond to other treatment options overseen by the neurologist