Should Medical Marijuana Be Legal?
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Last Updated: •Article History
The use ofmedical marijuanadates to ancient civilizations, though historians are undecided about whether the first medical use of cannabis was in China, where the plant isindigenous.[1]
Archaeologists unearthed traces of cannabis with high levels ofTHC(the main psychoactive component of cannabis) in wooden bowls dating to 500 bce in the Jirzankal Cemetery in China, marking the earliest instance of marijuana use found to date. This particular use of marijuana was more likely for a religious rite than medicinal purposes, though religion and medicine were not necessarily kept separate. Such use was described by Greek historianHerodotus: “TheScythiansthen take the seed of this hemp and, crawling in under the mats, throw it on the red-hot stones, where it smolders and sends forth such fumes that no Greek vapor-bath could surpass it. The Scythians howl in their joy at the vapor-bath.”[2][3][4]
The mythological Chinese EmperorShennong’spharmacopoeia,Treatise on Medicine(which itself has disputed dates–2737 bce or 1ce and unknown authorship), included marijuana as a treatment for “malaria,constipation,rheumaticpains, ‘absentmindedness’ and ‘female disorders.’”[5][6]
From China, marijuana was introduced to Iran andAnatoliaby the Scythians and then spread to India, Greece, Egypt, and throughout Africa. Evidence suggests Arab physicians used marijuana for pain, inflammation, andepilepticseizures, while in India marijuana was used for fevers,sexually transmitted infections(STIs), headaches, sleep,dysentery, digestion, and appetite inducement. In Rome,Emperor Nero’sprivate physician,Dioscorides, used the plant to treat pain in ears. Marijuana was similarly used in Africa, as evidenced by the EgyptianEbers papyrus(circa 1550 bce), for fever, pain, infected toenails, and uterine cramps. Other Egyptianpapyrusesinclude cannabis as treatment for eye infections (perhapsglaucoma),cholera,menstrualailments, headaches,schistosomiasis, fever, andcolorectal cancer.[1][4][7][8][9][10]
TheMoorsbrought marijuana toSpainduring the 8th-century occupation. The Spanish, in turn, took marijuana to the Americas where it was mainly used as a cash crop for producinghempfiber. Medical use followed quickly, with Mexicans using the drug forgonorrhea, menstrual ailments, pain, and toothaches.[10][11][12][13]
Robert Burton’sThe Anatomy of Melancholy(1621) heralded the arrival of marijuana inmedievalEurope by suggesting that cannabis be used to treatdepression. Thereafter marijuana was recommended for inflammation (New English Dispensatory, 1764) and coughs, STIs, andincontinence(Edinburgh New Dispensary, 1794).[1]
Medical use of marijuana did not gain much popularity in the United Kingdom until W.B. O’Shaughnessy, an Irish professor at the Medical College ofCalcutta, India, tested the indigenousCannabis indicaon animals and children after seeing how Indians used marijuana in medicine. O’Shaughnessy reported in 1839 that cannabis was safe and used marijuana to treatrabies, cholera,deliriumfrom alcohol withdrawal, pain, rheumatism, epilepsy,tetanus, and as a muscle relaxer. He deemed marijuana “ananticonvulsantremedy of the greatest value” and brought the drug with him when he returned to England in 1842.[1][7]
TheProvincial Medical and Surgical Journal(now theBritish Medical Journal) put medicalcannabis on the front pagein 1843, prompting popularity and regular use of the drug as a painkiller, with evenQueen Victoriareportedly being prescribed marijuanapostpartumand forpremenstrual syndrome(PMS) by her private physician J.R. Reynolds. Atinctureof marijuana, frequently added to tea, was used commonly in Victorian England. The 1894 Indian Hemp Drugs Commission stated marijuana was not harmful if used in moderation and could be particularly helpful in treating malaria.[7][14]
In 1860, American doctor R.R. M’Meens, crediting W.B. O’Shaughnessy, extolled the virtues of marijuana to treat “tetanus,neuralgia, dysmenorrhea (painful menstruation), convulsions, the pain of rheumatism and childbirth, asthma, postpartum psychosis, gonorrhea, and chronicbronchitis” as well as the drug’s use for sleep-inducement and appetite stimulation. Other American doctors prescribed marijuana for restlessness, anxiety, “senile insomnia,” neuralgia, migraines, depression, gastriculcers,morphineaddiction, andasthma, and as a topicalanesthetic.[1]
However, the arrival of marijuana wasn’t lauded by everyone. Mark Stewart, a member of the UK Parliament, complained in 1891 that “the lunatic asylums of India are filled withganjasmokers.” Along with negative associations withmental illness, marijuana was also attacked withracistpolitical commentary. In the United States, the Federal Bureau of Narcotics (FBN)Commissioner Harry Anslingerclaimed there were “100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos and entertainers. TheirSatanicmusic, jazz and swing result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.” Additionally, the agency was concerned that “marihuana leads topacifismandcommunistbrainwashing.”[1][7][13][15] [16]
By the 1890s, marijuana was falling out of favor among doctors, and U.S. states were working to ban marijuana because of the drug’s association with Mexican immigrants. Massachusetts led the charge, passing a ban on the drug in 1911.[7][10]
The FBN, which would merge with other departments to form what is now theDrug Enforcement Administration(DEA), worked to pass the Marihuana Tax Act of 1937. While the law only taxed marijuana, it effectively banned the drug as well as industrial hemp. The Marihuana Tax Act survived until 1969 when it was declared unconstitutional. However, PresidentRichard Nixonwould reinstate the marijuana ban in 1970 with theControlled Substances Act, which classified cannabis as aSchedule 1 drug(“drugs with no currently accepted medical use and a high potential for abuse”), beginning Nixon’s “War on Drugs” and effectively ending medical research on the drug.[7][10][16][37]
In the United Kingdom, theMisuse of Drugs Actwas passed in 1971, declaring marijuana to have “no known or limited medical use.” The law now classifies marijuana as a Class B drug, which are considered less dangerous than Class A drugs including cocaine, ecstasy, and crystal meth. Class B drugs includeamphetamines,barbiturates, andketamine, along with marijuana. The possession of any Class B drug carries a penalty of up to 5 years in prison.[7][17] [18]
While the American federal war on drugs would continue,US states began legalizingmedical marijuana in the 1990s. California was the first to legalize cannabis for medical use in 1996, quickly followed by Alaska, Oregon, and Washington state in 1998, and Maine in 1999. By Dec. 2022, 37 states and DC had legalized medical marijuana, leaving only 13 states where medical marijuana is illegal: Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Nebraska, North Carolina, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming.[19]
While states were legalizing medical marijuana, some of the earliest adopting states also began legalizingrecreational, or adult-use, marijuana. Colorado and Washington legalized this in 2012–19 other states and DC had done so by December 2022. Only states with legal medical marijuana have thus far legalizedadult-use marijuana.[20]
An Apr. 2021 Pew Research Center poll found that 91% of Americans believed marijuana should be legal for medical use (60% for medicalandrecreational legalization; and 31% foronlymedical legalization). Only 8% believed marijuana should not be legal for any reason, and 1% did not answer the question.Support for marijuana legalizationhas steadily increased over the years.[21]
(This article first appeared on ProCon.org and was last updated on January 9, 2023.)
PROS | CONS |
---|---|
Pro 1: Marijuana is beneficial as a medicine with fewer risks than opioids and other prescribed drugs. Read More. | Con 1: Medical legalization of marijuana makes a drug that is dangerous to children, teenagers, and young adults more readily available. Read More. |
Pro 2: Marijuana is safer than some legal drugs and preferred by patients. Read More. | Con 2: Marijuana has dangerous side effects. Read More. |
Pro 3: Americans have agreed for decades that medical marijuana should be legal. Read More. | Con 3: Recreational marijuana only should be decriminalized while researchers properly study the medicinal effects of the drug. Read More. |
Pro Arguments
(Go to Con Arguments)
Pro 1: Marijuana is beneficial as a medicine with fewer risks than opioids and other prescribed drugs.
Medical marijuana is most commonly used for pain in the US. “While marijuana isn’t strong enough for severe pain (for example, post-surgical pain or a broken bone), it is quite effective for the chronic pain that plagues millions of Americans, especially as they age,” explains primary care physician and cannabis specialist, Peter Grinspoon.[22]
Marijuana also offers pain relief for patients who are suffering the pain of multiple sclerosis or general nerve pain. In contrast with marijuana, the commonly prescribed drugs for these ailments are often heavily sedating, which can impair quality of life.[22]
Marijuana, particularly CBD (the main nonpsychoactive component in cannabis), has also shown potential to treat high blood pressure, inflammation and related neuropathic pain, anxiety disorders (including generalized anxiety, panic, social anxiety, obsessive-compulsive, and post-traumatic stress disorders), gastrointestinal (GI) disorders (including irritable bowel syndrome (IBS), inflammatory bowel disease (IBD), Crohn’s, and ulcerative colitis), epilepsy and other seizure syndromes, as well as the prevention of drug and alcohol addiction relapse and alleviation of the effects of chemotherapy.[23][24][25][26][27][28][29][30]
“Medical marijuana” also includes drugs chemically derived from marijuana, rather than only preparations of the plant itself. According to the National Institutes of Health, “THC itself has proven medical benefits in particular formulations.”[31]
In the US, the FDA approved THC-based Marinol and Cesamet to treat nausea in chemotherapy patients and for appetite stimulation in AIDS patients. Also FDA-approved is the CBD-based Epidiolex, which treatsDravetandLennox-Gastautsyndromes in children. Sativex, a THC- and CBD-based drug formultiple sclerosis(MS) patients, is approved for use in the UK, Canada, and some European countries.[31]
The bottom line: marijuana has been used as medicine for thousands of years. The drug should be legalized and studied to reap the full benefits.
Pro 2: Marijuana is safer than some legal drugs and preferred by patients.
Many patients prefer marijuana for pain because it is less addictive and carries less risk of overdose than opiates.[22][32]
Three researchers from the University of British Columbia BC Centre on Substance Use in Vancouver, argue: “Although cannabis use is neither risk free nor a panacea, the risks it poses of physical dependence and accidental overdose compared with opioid use are substantially lower—indeed, fatal overdose with cannabis has never been documented and is thought to be impossible. Especially in the era of the opioid overdose crisis, the commonsequelae[results] of opioid use disorder (e.g., fatal overdose, acquisition or transmission of blood-borne diseases) are hardly comparable to those of cannabis use disorder at either individual or population levels. The lower relative risks associated with cannabis are reflected in substantially lower rates of cannabis-associated morbidity, mortality and societal costs compared with opioids in Canada, despite much higher levels of exposure. Simply put: it is not perception that cannabis has fewer relative harms than opioids; it is evidence.”[33]
Marijuana can also be used instead ofNSAIDs(Advil and Aleve, for example) if someone has kidney problems, ulcers, orgastroesophageal reflux disease(GERD), making it potentially safer for people with those conditions.[22]
Studies also show many patients prefer to use marijuana instead oflorazepam,clonazepam, andalprazolamfor anxiety disorders and instead ofsertraline,trazodone, orbupropionfor depression.[34]
Pro 3: Americans have agreed for decades that medical marijuana should be legal.
Widespread American approval of marijuana is seen in the many states that have legalized its use. Since California legalized medical marijuana in 1996, 36 states and DC have followed suit as of December 2022.[19]
Of those living in the United States, 83.5% live in a state (or DC)withlegal medical marijuana. Only 16.5% live in one of the 13 stateswithoutlegal medical marijuana.[19][45]
Additionally, polls and elections for more than 20 years have shown Americans united on the legalization of medical marijuana.[35]
Of 96 polls and elections collected by ProCon between 2000 and 2022, only three had less than 50% support for legalizing medical marijuana. Two were elections in South Dakota (Nov. 2006 and Nov. 2010); however, South Dakota legalized medical marijuana in 2020.[35]
The third was a poll of 960 physicians nationwide by researchers at Rhode Island Hospital for presentation to the American Society of Addiction Medicine in Apr. 2001. The doctors were split fairly evenly: 36% believed they should be able to legally prescribe medical marijuana, 26% were unsure, and 38% were against the practice.[35]
However, a 2021 study found 70.7% of physicians at the 2019 American College of Emergency Physicians’ Annual Conference “believed that cannabis has medical value,” and, further, that 79.6% of the physicians would choose marijuana over opioids if cannabis were found to be more effective, and 52.3% would choose marijuana if it were found to be equally as effective as opioids.[36]
Approval of legalization crosses party lines as well as age and race demographics in what Pew Research Center deemed “overwhelming support” in an Apr. 16, 2021, poll. Among Democrats, 95% believed medical marijuana should be legal, joined by 87% of Republicans.[21]
92% of white Americans would legalize medical marijuana, along with 91% of Black Americans, 89% of Asian Americans, and 87% of Hispanic Americans.[21]
The largest support among age groups for medical marijuana comes from those aged 18-29 (94%) and 65-74 (93%). However, no age group dropped below 85% approval (those aged 75+).[21]
Medical marijuana enjoys so much support among Americans that many now approve of the legalization of recreational marijuana as well.[21]
Con Arguments
(Go to Pro Arguments)
Con 1: Medical legalization of marijuana makes a drug that is dangerous to children, teenagers, and young adults more readily available.
Whether medical marijuana is legalized for everyone or only adults, legalization provides everyone more access to the drug.[38]
“An ‘unintended consequence’ of marijuana legalization is the impact on the pediatric population. From prenatal exposure to unintentional childhood exposures, through concerns of adolescence abuse and marijuana use for medicinal indications in children, marijuana exposure can affect pediatric patients at every stage in childhood. Regardless of the stage or reason of exposure, concerns exist about short-term and long-term consequences in a child’s physical and mental health,” argues Sam Wang, Associate Professor of Pediatrics-Emergency Medicine at the University of Colorado School of Medicine.[39]
Adult use of marijuana, medical or otherwise, during pregnancy can cause child development problems during and after pregnancy. If exposed to marijuana before birth, children may be more susceptible to “increased hyperactivity, impulsivity, and inattention symptoms” and problems with “visual-motor coordination, processing speed, [and] visual memory.”[31][39][40][41]
Any drug at home poses potential risks for children, but medical marijuana edibles look like regular treats (gummy bears, hard candies, and chocolate bars, to name a few), yet are infused with potent marijuana. And, unlike a regular treat, a marijuana infused edibles should be carefully portioned for the correct dosage. A child accidentally eating an entire marijuana candy bar could overdose and end up in serious medical distress. Within just five years, accidental cannabis exposures in kids aged one to six who ate edibles increased 1,375% from 207 cases in 2017 to 3,054 in 2021.[39][42][47]
The danger does not decrease as children age. According to the National Institutes of Health, “heavy chronic marijuana consumption in young people under the age of 25 has been associated with decreased cognitive and executive function.” Researchers are not yet certain whether the damage is permanent, but one New Zealand study found teens who smoked marijuana heavily and developed a marijuana use disorder lost 8 IQ points on average between ages 13 and 38.[40]
Con 2: Marijuana has dangerous side effects.
TheNational Institutes of Healthoffers a litany of negative mental side effects, including “altered senses (for example, seeing brighter colors), altered sense of time, changes in mood, impaired body movement, difficulty with thinking and problem-solving, impaired memory,hallucinations(when taken in high doses),delusions(when taken in high doses), [and]psychosis(risk is highest with regular use of high potency marijuana).”[40]
Physical side effects include breathing problems such as “daily cough and phlegm, more frequent lung illness, and a higher risk of lung infections,” an increased heart rate (which, in turn, increases the risk of heart attack), and Cannabinoid Hyperemesis Syndrome (“regular cycles of severe nausea, vomiting, and dehydration, sometimes requiring emergency medical attention”).[40]
Further, between 9% and 30% of people who use marijuana are at risk of developing a substance use disorder. And, with THC levels steadily increasing, the potential for addiction only grows as users need more and more marijuana to feel the desired effects.[40][43]
Colorado legalized medical marijuana in 2000 and recreational marijuana in 2012. The state saw a 40% increase in cannabis-related emergency room (ER) visits between 2012 and 2014. Colorado hospitals have seen a 50% increase in marijuana-related cyclic vomiting syndrome. Burn admissions also increased.[44]
However, these are theknownside effects. Because the drug has not been studied as thoroughly as other drugs, there may be unexpected consequences to medical marijuana use.[44]
Con 3: Recreational marijuana only should be decriminalized while researchers properly study the medicinal effects of the drug.
Decriminalizing recreational marijuana means possession of a small amount for personal use does not carry the risk of arrest, jail time, or a criminal record, but instead are ticketed like a minor traffic violation, according to NORML (National Organization for the Reform of Marijuana Laws), which reports 26 states have partially or fully decriminalized recreational marijuana.[46]
However, the medical benefits and safety of marijuana have not been studied enough to determine if the benefits outweigh the risks associated with the drug. Additional study also allows more specific-use analysis (for example, does a particular marijuana derivative help a particular ailment, and does marijuana treat a condition not yet associated with the drug?).[38]
Sarah C. Hull, cardiologist at Yale School of Medicine, explains why we should not rush into legalization of medical marijuana: “Decriminalization of marijuana will create significant opportunities to conduct this research, but common-sense regulation based on science must be implemented simultaneously to create an ethical policy framework. This should aim to promote public health through comprehensive education programs and protection of vulnerable populations such as adolescents, while recognizing the right of autonomous adults to make decisions about their own health but not to act in a way that might compromise the health of others.[38]
Hull argues further that “significant criminal penalties” should not be attached to adult possession or use of marijuana as such punishments have “entrench[ed] systemic racism.”[38]
She concludes, “There is substantial need for more research to guide specific policy development going forward, and in the meantime, recreational use (though not medicinal use) should be generously taxed to fund research efforts as well as addiction treatment in order to enhance benefits to society.”[38]
As with any drug, marijuana should be thoroughly studied for medical applications before being widely used as medicine. “Once we understand on the brain level what effect it is having on cognition, then we can see how it can be applied for all sorts of purposes, but first we need to know exactly what it’s doing. If it’s going to be introduced to society in a big way, we need to know what the potential harms and benefits are,” argues Earl Miller, cognitive neuroscientist at the Massachusetts Institute of Technology’s Picower Institute for Learning and Memory.[44]
State-by-State Medical Marijuana Laws
*Please consult the state for the most recent information.*
Why are some states not on this list?Our list includes states that have legalized use of the marijuana plant for medical purposes, or have been listed by the by the Marijuana Policy Project as having an effective medical marijuana program. States that limit use to the nonpsychoactive marijuana extract called cannabidiol (CBD) are not included on this list. Also not included are states whose legalization laws require physicians to “prescribe” marijuana (an illegal act under federal law) vs. “recommend” marijuana (considered protected free speech between doctor and patient), as well as states that have passed “affirmative defense” laws in which arrested marijuana users are allowed to mention medical use in their defense.
From the 1970s to the 1990s, several states passedsymbolic lawsthat liberalized their medical marijuana policies to some degree. For example, some states wrote laws that legalized medical marijuana with a physician’s prescription, however, those laws are considered symbolic laws because federal law prohibits physicians from “prescribing” marijuana, a schedule I drug. Some states wrote laws creating research programs to investigate medical use of marijuana; others allowed for “medical necessity” as a defense in state court. None of these laws made marijuana available to patients with a doctor’s recommendation, and are thus considered symbolic.
All states require proof of residency to apply to be qualifying patients, although the length of time considered to be a resident varies by state. Some state require registration and registry fees.
Alabama
Senate Bill 46— Passed by the Senate on Feb. 24, 2021 (20-10); Passed by the House on May 6, 2021 (68-34); Signed by Gov. Kay Ivey on May 17, 2021
Effective:May 17, 2021
Possession and Cultivation Limits: up to 70 daily dosages of ussable marijuana
Approved Conditions: “a. Autism Spectrum Disorder (ASD). b. Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain. c. Crohn’s Disease. d. Depression. e. Epilepsy or a condition causing seizures. f. HIV/AIDS-related nausea or weight loss. g. Panic disorder. h. Parkinson’s disease. i. Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome. j. Post Traumatic Stress Disorder (PTSD). SB46 k. Sickle Cell Anemia. l. Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis. m. Spasticity associated with Multiple Sclerosis or a spinal cord injury. n. A terminal illness. o. Tourette’s Syndrome. p. A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective”
Alaska
Ballot Measure 8— Approved Nov. 3, 1998 by 58% of voters
Effective:Mar. 4, 1999
Possession and Cultivation Limits:
up to 1 oz of usable marijuana
up to 6 plants with no more than 3 mature plants
Approved Conditions: Cancer, glaucoma, HIV or AIDS, any chronic or debilitating disease or treatment for such diseases, which produces conditions that 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. Other conditions are subject to approval by the Alaska Department of Health and Social Services.
Arizona
Ballot Proposition 203Arizona Medical Marijuana Act— Approved Nov. 2, 2010 by 50.13% of voters
Possession and Cultivation Limits:
up to 2.5 oz usable marijuana
up to 12 plants
Approved Conditions: Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Alzheimer’s disease, cachexia or wasting syndrome, PTSD, severe and chronic pain, severe nausea, seizures (including epilepsy), severe or persistent muscle spasms (including multiple sclerosis).
Arkansas
Medical Marijuana Amendment(Issue 6)– Approved Nov. 8, 2016 by 53.2% of voters
Effective:Nov. 9, 2016
Possession and Cultivation Limits: up to 2.5 oz of usable marijuana
Approved Conditions: Cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease; A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; Any other medical condition or its treatment approved by the Department of Health.
California
Ballot Proposition 215— Approved Nov. 5, 1996 by 56% of voters
Effective:Nov. 6, 1996
Possession and Cultivation Limits:
up to 8 oz of usable marijuana
up to 6 plants, or 12 immature plants
Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.
Colorado
Ballot Amendment 20— Approved Nov. 7, 2000 by 54% of voters
Effective:June 1, 2001
Possession and Cultivation Limits:
up to 2 oz of usable marijuana
up to 6 plants, with 3 or fewer mature plants
Approved Conditions: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; persistent muscle spasms, including those that are characteristic of multiple sclerosis; PTSD; autism spectrum disorder; and all conditions for which opioids could be prescribed to treat. Other conditions are subject to approval by the Colorado Board of Health.
Connecticut
HB 5389— Signed into law by Gov. Dannel P. Malloy (D) on May 31, 2012
Effective:May 4, 2012 & Oct. 1, 2012
Possession and Cultivation Limits: up to 2.5 oz of usable marijuana
Approved Conditions: Cancer, glaucoma, HIV/AIDS, Parkinson’s Disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn’s Disease, Post-Traumatic Stress Disorder (PTSD), sickle cell disease, post laminectomy syndrome with chronic radiculopathy, severe psoriasis and psoriatic arthritis, ALS, ulcerative colitis, Complex Regional Pain Syndrome, cerebral palsy, cystic fibrosis, 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, muscular dystrophy, osteogenesis imperfecta, and chronic neuropathic pain associated with degenerative spinal disorders.
Delaware
Senate Bill 17— Signed into law by Gov. Jack Markell (D) on May 13, 2011
Effective:July 1, 2011
Possession and Cultivation Limits: up to 6 oz of usuable marijuana
Approved Conditions: Terminal illness, cancer, HIV/AIDS, decompensated cirrhosis, ALS, agitation of Alzheimer’s disease, Post-Traumatic Stress Disorder (PTSD), intractable epilepsy, autism with aggressive behavior, glaucoma, chronic debilitating migraine; A chronic or debilitating disease or medical condition or its treatment that produces 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, seizures, or severe and persistent muscle spasms, including but not limited to those characteristic of Multiple Sclerosis
D.C.
Amendment Act B18-622–Legalization of Marijuana for Medical Treatment Amendment Actof 2010 — Approved 13-0 by the Council of the District of Columbia on May 4, 2010; signed by the Mayor on May 21, 2010
Effective:July 27, 2010
Possession and Cultivation Limits: up to 2 oz of usuable marijuana
Approved Conditions: HIV, AIDS, cancer, glaucoma, conditions characterized by severe and persistent muscle spasms, such as multiple sclerosis; patients undergoing chemotherapy or radiotherapy, using azidothymidine or protease inhibitors, decompensated cirrhosis, Lou Gehrig’s disease, Cachexia or wasting syndrome, Alzheimer’s Disease, and seizure disorders.
Florida
Medical Marijuana Legalization Initiative(Amendment 2) – Approved Nov. 8, 2016 by 71.3% of voters. Amends the Florida Constitution.
Effective:Jan. 3, 2017
Possession and Cultivation Limits: Per notice of emergency rule 26220669: “A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana or more than six 35-day supply limits of marijuana in a form for smoking. A 35-day supply limit for marijuana in a form for smoking shall not exceed 2.5 ounces. … The equivalent daily dose amount limit and 70-day supply limit for approved routes of administration of marijuana are as follows: edibles (no more than 60 mg of THC daily | no more than 4,200 mg of THC per 70-day supply), vaporized products (no more than 350 mg of THC daily | no more than 24,500 mg of THC per 70-day supply), oral capsules or tinctures (no more than 200 mg of THC daily | no more than 14,000 mg of THC per 70-day supply), sublingual tinctures (no more than 190 mg of THC daily | no more than 13,300 mg of THC per 70-day supply), suppositories (no more than 195 mg of THC daily | no more than 13,650 mg of THC per 70-day supply), topical creams (no more than 150 mg of THC daily | no more than 10,500 mg of THC per 70-day supply), marijuana in a form for smoking (no more than 2.025 grams daily).”
Approved Conditions: Cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, a terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification, and 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.
Hawaii
Senate Bill 862— Signed into law by Gov. Ben Cayetano on June 14, 2000; Approved:By House 32-18, by Senate 13-12
Effective:Dec. 28, 2000
Possession and Cultivation Limits:
up to 4 ounces of usable marijuana
up to 10 plants
Approved Conditions: Amyotrophic Lateral Sclerosis (ALS), cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, HIV/AIDS, PTSD; a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome, severe pain, severe nausea, seizures, severe and persistent muscle spasms including those characteristic of multiple sclerosis or Crohn’s disease.
Illinois
House Bill 1— Approved:Apr. 17, 2013 by House, 61-57 and May 17, 2013 by Senate, 35-21; Signed into law by Gov. Pat Quinn on Aug. 1, 2013
Effective:Jan. 1, 2014
Possession and Cultivation Limits:
2.5 ounces of usable marijuana
up to 5 plants
Approved Conditions: Alzheimer’s disease, HIV/AIDS, Amyotrophic lateral sclerosis (ALS), Arnold-Chiari malformation, cancer, causalgia, chronic inflammatory demyelinating polyneuropathy, Crohn’s disease, CRPS (complex regional pain syndrome Type II), dystonia, fibrous dysplasia, glaucoma, hepatitis C, hydrocephalus, hydromyelia, interstitial cystitis, lupus, multiple sclerosis, muscular dystrophy, myasthenia gravis, myoclonus, nail-patella syndrome, neurofibromatosis, Parkinson’s disease, post-concussion syndrome, reflex sympathetic dystrophy, residual limb pain, rheumatoid arthritis, seizures (including those characteristic of epilepsy), severe fibromyalgia, Sjogren’s syndrome, spinal cord disease (including but not limited to arachnoiditis), spinal cord injury, spinocerebellar ataxia, syringomyelia, Tarlov cysts, tourette syndrome, traumatic brain injury, and cachexia/wasting syndrome, alternative to opioid treatment, autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehler-Danlos Syndrome, Neuro-Behcet’s Autoimmune Disease, neuropathy, polycystic kidney disease, PTSD, superior canal dehiscence syndrome, and terminal illness with a life expectancy of fewer than six months.
Kentucky
Senate Bill 47— Approved:Mar. 16, 2023 by Senate (26-11) and May 30, 2023 by House (66-33); Signed into law asActs Ch. 146by Gov. Andy Beshear on Mar. 31, 2023
Effective:Jan. 1, 2025
Possession and Cultivation Limits:uninterrupted thirty (30) day supply of usable marijuana
Approved Conditions: “Any type or form of cancer regardless of stage; chronic, severe, intractable, or debilitating pain; epilepsy or any other intractable seizure disorder; multiple sclerosis, muscle spasms, or spasticity; chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments; post-traumatic stress disorder; and any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis”
Louisiana
Senate Bill 271— Approved:May 11, 2016 by House, 62-32 and May 16, 2016 by Senate, 22-14; Signed into law as Act 96 by Gov. John Bel Edwards on May 19, 2016
Effective:May 19, 2016
Possession and Cultivation Limits: one-month supply of usable marijuana
Approved Conditions: Cancer, HIV/AIDS, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, multiple sclerosis, glaucoma, Parkinson’s disease, severe muscle spasms, intractable pain, and post traumatic disorder (PTSD), and four conditions associated with autism spectrum disorder.
Maine
Ballot Question 2— Approved Nov. 2, 1999 by 61% of voters
Effective:Dec. 22, 1999
Possession and Cultivation Limits:
up to 2.5 ounces of usable marijuana
up to 6 plants
Approved Conditions: Cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.
Maryland
House Bill 881— Approved:Apr. 8, 2014 by House, 125-11 and by Senate, 44-2; Signed by Gov. Martin O’Malley on Apr. 14, 2014
Effective:June 1, 2014
Possession and Cultivation Limits:“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.”
Approved Conditions: A chronic or debilitating disease or medical condition that causes: cachexia, anorexia, wasting syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, glaucoma, post-traumatic stress disorder (PTSD), “or another chronic medical condition which is severe and for which other treatments have been ineffective.”
Massachusetts
Ballot Question 3— Approved Nov. 6, 2012 by 63% of voters
Effective:Jan. 1, 2013
Possession and Cultivation Limits:10 ounces of usable marijuana
Approved Conditions: “Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient’s physician.”
Michigan
Proposal 1— Michigan Medical Marihuana Act— Approved by 63% of voters on Nov. 4, 2008
Effective:Dec. 4, 2008
Possession and Cultivation Limits:
2.5 ounces of usable marijuana
up to 12 plants
Approved Conditions: Approved for treatment of debilitating medical conditions, defined as cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, epilepsy, muscle spasms, multiple sclerosis, PTSD, arthritis, autism, chronic pain, colitis, inflammatory bowel disease, obsessive compulsive disorder, Parkinson’s, Rheumatoid arthritis, spinal cord injury, Tourette’s syndrome, and ulcerative colitis.
Minnesota
SF 2470— Signed into law by Gov. Mark Dayton on May 29, 2014;Approved by Senate 46-16, and by House 89-40
Effective:May 30, 2014
Possession and Cultivation Limits: a maximum of a 30-day supply of the dosage determined for that patient. Pharmacists at registered Cannabis Patient Centers recommend specific dosage and type for patients.
Approved Conditions: Cancer (if the underlying condition or treatment produces severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting), glaucoma, HIV/AIDS, Tourette’s syndrome, ALS, seizures/epilepsy, severe and persistent muscle spasms/MS, Crohn’s disease, terminal illness with a life expectancy of under one year, PTSD, intractable pain; chronic pain, age-related macular degeneration, autism spectrum disorders, and obstructive sleep apnea.
Mississippi
Senate Bill 2095— Signed into law by Governor Tate Reeves on Feb. 2, 2022; Approved by the House (104-13) and Senate (46-4) on Jan. 26, 2022
Effective:Jan. 25, 2023
Possession and Cultivation Limits:no more than 98 grams (3.45 ounces) at a time
Approved Conditions: “Cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions; A chronic, terminal or debilitating disease or medical condition, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in Section 9 of this act.”
Missouri
Ballot Amendment 2– Approved by 66% of voters on Nov. 6, 2018
Effective:Dec. 6, 2018
Possession and Cultivation Limits:
4 ounces per 30 days of usable marijuana
up to 6 plants
Approved Conditions: Cancer, epilepsy, glaucoma, intractable migraines unresponsive to other treatment, chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome, debilitating psychiatric disorders, including PTSD, HIV/AIDS, chronic medical condition normally treated with a prescription medication that could lead to physical or psychological dependence, terminal illness, or any other condition in the professional judgment of a physician, such as hepatitis C, ALS, IBD, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, Alzheimer’s, cachexia, and wasting syndrome.
Montana
Initiative 148— Approved by 62% of voters on Nov. 2, 2004
Effective:Nov. 2, 2004
Possession and Cultivation Limits:
up to 1 ounce of usable marijuana
up to 6 plants
Approved Conditions: Cancer, glaucoma, or positive status for HIV/AIDS, or the treatment of these conditions; a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including seizures caused by epilepsy, or severe or persistent muscle spasms, including spasms caused by multiple sclerosis or Crohn’s disease; admittance to hospice care; painful peripheral neuropathy, a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms, or PTSD.
Nevada
Ballot Question 9— Approved Nov. 7, 2000 by 65% of voters
Effective:Oct. 1, 2001
Possession and Cultivation Limits:
2.5 ounces per 14 days of usable marijuana
up to 12 plants
Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms (including multiple sclerosis) or seizures (including epilepsy), severe nausea or pain, and PTSD. Other conditions are subject to approval by the health division of the state Department of Human Resources.
New Hampshire
House Bill 573— Approved:May 23, 2013 by Senate, 18-6 and June 26, 2013 by House, 284-66; Signed into law by Gov. Maggie Hassan on July 23, 2013
Effective:July 23, 2013
Possession and Cultivation Limits:2 ounces per 10 days of usable marijuana
Approved Conditions: “(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, 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, or one or more injuries that significantly interferes with daily activities as documented by the patient’s provider; AND (2) 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.” Also: Hepatitis C, moderate to severe chronic pain, and moderate or severe post-traumatic stress disorder (PTSD), Ehlers-Danlos syndrome, and severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effect.
New Jersey
Senate Bill 119— Approved:Jan. 11, 2010 by House, 48-14; by Senate, 25-13; Signed into law by Gov. Jon Corzine on Jan. 18, 2010
Effective:July 2010
Possession and Cultivation Limits:Physicians determine how much marijuana a patient needs and give written instructions to be presented to an alternative treatment center. The maximum amount for a 30-day period is three ounces (unlimited for terminal patients).
Approved Conditions: Amyotrophic lateral sclerosis (ALS), anxiety, cancer, chronic pain, dysmenorrhea, glaucoma, inflammatory bowel disease including Crohn’s disease, intractable skeletal, spasticity, migraine, multiple sclerosis, muscular dystrophy, Opioid Use Disorder, positive status for Human Immunodeficiency Virus (HIV) and Acquired Deficiency Syndrome (AIDS), Post-Traumatic Stress Disorder (PTSD), seizure disorder including epilepsy, terminal illness with prognosis of less than 12 months to live, Tourette Syndrome
New Mexico
Senate Bill 523—The Lynn and Erin Compassionate Use Act; Approved:Mar. 13, 2007 by House, 36-31; by Senate, 32-3
Effective:July 1, 2007
Possession and Cultivation Limits:
8 ounces per three months of usable marijuana
up to 4 mature plants and 12 seedlings
Approved Conditions: Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease); cancer; Crohn’s disease; epilepsy; glaucoma; hepatitis C infection currently receiving antiviral treatment; HIV/AIDS; Huntington’s Disease; hospice care; inclusion body myositis; inflammatory autoimmune-mediated arthritis; intractable nausea/vomiting; multiple sclerosis; damage to the nervous tissue of the spinal cord; painful peripheral neuropathy; Parkinson’s disease; PTSD; severe chronic pain; severe anorexia/cachexia; spasmodic torticollis; ulcerative colitis
New York
Assembly Bill 6357— Approved:June 19, 2014 by Assembly, 117-13; June 20, 2014 by Senate, 49-10; Signed into law by Governor Andrew Cuomo on July 5, 2014
Effective:July 5, 2014
S854A— Passed Senate and Assembly, and signed into law by Governor Cuomo on Mar. 31, 2021
Effective:Mar. 31, 2021
Possession and Cultivation Limits:60-day supply of usable marijuana
Approved Conditions: “cancer, 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, epilepsy, inflammatory bowel disease, neuropathies, Huntington’s disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical cannabis is an alternative to opioid use, substance use disorder, Alzheimer’s, muscular dystrophy, dystonia, rheumatoid arthritis, autism or any other condition certified by the practitioner.”
North Dakota
Initiated Statutory Measure 5—North Dakota Compassionate Care Act— Approved Nov. 8, 2016 by 63.7% of the voters
Effective:2016
Possession and Cultivation Limits:32 ounces per 14 days of usable marijuana
Approved Conditions* Cancer, HIV/AIDS, hepatitis C, ALS, PTSD, Alzheimer’s disease, dementia, Crohn’s disease, fibromyalgia, 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, glaucoma, epilepsy; A chronic or debilitating disease 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 measures for more than three months or for which other treatment options produced serious side effects, intractable nausea, seizures, or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; Any other medical condition or its treatment added by the North Dakota Department of Health.
Ohio
House Bill 523— ApprovedMay 10, 2016 by House, 71-26; May 25, 2016 by Senate, 18-15; Signed into law by Governor John Kasich on June 8, 2016
Effective:Sep. 8, 2016
Possession and Cultivation Limits:90-day supply of usable marijuana
Approved Conditions* AIDS/HIV, Alzheimer’s disease, ALS, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, chronic, severe, or intractable pain, Parkinson’s disease, PTSD, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.
Oklahoma
Ballot Question 788— Approved by 56.84% of voters on June 26, 2018
Effective:2018
Possession and Cultivation Limits:
3 ounces of marijuana on their person
1 ounce of concentrated marijuana
72 ounces of edible marijuana
up to 8 ounces of marijuana in their residence
up to 6 mature plants and 6 seedlings
Approved Conditions: There is no list of approved conditions. According to the law, “A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.”
Oregon
Ballot Measure 67— Approved by 55% of voters on Nov. 3, 1998
Effective:Dec. 3, 1998
Possession and Cultivation Limits:
up to 24 ounces of usable marijuana
up to 6 plants and 18 seedlings
Approved Conditions: Cancer, glaucoma, degenerative or pervasive neurological condition; positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.
Pennsylvania
Senate Bill 3— Apr. 12, 2016 by Senate, 42-7, and Apr. 13 by House, 149-46 Signed into law by Gov. Tom Wolf (D) on Apr. 17, 2016
Effective:May 2016
Possession and Cultivation Limits:30-day supply of usable marijuana
Approved Conditions: Amyotrophic lateral sclerosis (ALS), anxiety disorders, autism, cancer, 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, epilepsy, glaucoma, HIV/AIDS, Huntington’s disease, inflammatory bowel disease, intractable seizures, multiple sclerosis, neurodegenerative diseases, neuropathies, opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, Parkinson’s disease, PTSD, severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain, sickle cell anemia, terminal illness, Tourette syndrome
Rhode Island
Senate Bill 0710— Approved by state House and Senate (June 24 & 28, 2005) Vetoed by the Governor (June 29). Veto was over-ridden by Senate (June 30, 2005) and House (Jan. 3, 2006)
Effective:Jan. 3, 2006
Possession and Cultivation Limits:
2.5 ounces of usable marijuana
up to 12 plants
Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, Hepatitis C, or the treatment of these conditions; A chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn’s disease; or agitation of Alzheimer’s Disease; or any other medical condition or its treatment approved by the state Department of Health.
South Dakota
Initiated Measure 26— Approved Nov. 3, 2020
Effective:Aug. 2021
Possession and Cultivation Limits:
3oz usable, and “additional amounts” of marijuana products; marijuana and products made from allowed plants
3 plants
Approved Conditions: “(a) 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; severe nausea; seizures; or severe and persistent muscle spasms, including, those characteristic of multiple sclerosis; or… Any other medical condition or its treatment added by the department, as provided for in section 26 of this act.”
Utah
Proposition2—Utah Medical Cannabis Act— Approved by 53% of voters on Nov. 6, 2018
Effective:Dec. 1, 2018
Possession and Cultivation Limits:113 grams of unprocessed cannabis or an amount of cannabis product that contains 20 grams of total composite tetrahydrocannabinol
Approved Conditions: HIV/AIDS; Alzheimer’s disease; ALS; cancer; cachexia; persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome; Crohn’s disease or ulcerative colitis; epilepsy; multiple sclerosis or persistent and debilitating muscle spasms; PTSD (under specific conditions); autism; a terminal illness when the patient’s remaining life expectancy is less than six months; a condition resulting in the individual receiving hospice care; a rare condition or disease that affects fewer than 200,000 individuals in the United States; and pain (under specific conditions).
Vermont
Senate Bill 76— Approved 22-7;House Bill 645— Approved 82-59 “Act Relating to Marijuana Use by Persons with Severe Illness” (Sec. 1. 18 V.S.A. chapter 86passed by the General Assembly); Gov. James Douglas (R), allowed the act to pass into law unsigned on May 26, 2004; Amended:Senate Bill 00007
Effective:July 1, 2004
Possession and Cultivation Limits:
2 ounces of usable marijuana
up to 2 mature plants and 7 immature plants
Approved Conditions: Cancer, AIDS, positive status for HIV, multiple sclerosis, glaucoma, or the treatment of these conditions if the disease or the treatment results in severe, persistent, and intractable symptoms; or a disease, medical condition, or its treatment that is chronic, debilitating and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome, chronic pain or nausea or seizures. On June 11, 2017, Gov. Phil Scott (R) signed S.16 into law, adding Parkinson’s disease, Crohn’s disease, and PTSD
Virginia
HB 1445(signed Feb. 26, 2015 by Governor Terry McAuliffe; established a low-THC law for intractable epilepsy)
HB 1251(signed Mar. 9, 2018 by Governor Ralph Northam; expanded approved conditions)
SB 1557(signed Mar. 2019 by Northam; allows patients to obtain a medical certificate for THC-A and other CBD products and expands legal products to include oils, capsules, lozenges, patches, lollipops, and more)
SB 1015(signed Apr. 6, 2020 by Northam; legalizes CBD and THC-A oil)
House Bill 2218andSenate Bill 1333(signed Mar. 19, 2021 by Northam; legalizes botanical cannabis effective July 1, 2021)
Effective:July 1, 2020
Possession and Cultivation Limits:90 day supply of total marijuana products including cannabis extracts (5mg CBD or THC-A, and no more than 10mg THC) and botanical cannabis (4oz per 30 days)
Approved Conditions: All medical conditions may qualify
Washington
Chapter 69.51A RCW— Ballot Initiative I-692— Approved by 59% of voters on Nov. 3, 1998
Effective:Nov. 3, 1998
Possession and Cultivation Limits:
3 ounces of usable marijuana; 48 ounces of marijuana-infused product in solid form; 216 ounces of marijuana-infused product in liquid form;OR; 21 grams of marijuana concentrate
up to 6 plants and up to 8 ounces of usable marijuana from those plants
Approved Conditions: Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; Intractable pain, limited to pain unrelieved by standard medical treatments and medications; Glaucoma, either acute or chronic, limited 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; PTSD; Traumatic brain injury
West Virginia
Senate Bill 386— Signed into law by Gov. Jim Justice on Apr. 19, 2017
Effective:July 1, 2019
Possession and Cultivation Limits:
30-day supply of usable marijuana
up to 6 plants and up to 8 ounces of usable marijuana from those plants
Approved Conditions: chronic or debilitating diseases or medical conditions that result in a patient being admitted into Hospice or receiving palliative care; chronic or debilitating diseases or medical conditions or the treatment of chronic or debilitating diseases or medical conditions that produce: Cachexia, anorexia, or wasting syndrome; severe or chronic pain that does not find effective relief through standard pain medication; severe nausea; seizures; severe or persistent muscle spasms; refractory generalized anxiety disorder; Post-traumatic stress disorder (PTSD)