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States with Legal Medical Marijuana

Medical Marijuana Laws by State

Marijuana possession and usage remains illegal under federal law. But as of April, 2016, 24 states have enacted legislation providing for legal medical marijuana. This list is constantly changing and updating, so it's crucial to research the laws in your jurisdiction. 

It's crucial to carefully and repeatedly research marijuna laws in your state and any states you may travel in. This is the best way to avoid accidentally getting arrested or cited for marijuana possession.

Medical marijuana statutes vary from state to state, including who qualifies, possession and home cultivation limits. To find out more about the medical marijuana laws in your state, find them below.

Alaska

Year enacted: 1999
State statute: http://www.legis.state.ak.us/basis/statutes.asp#17.37
Possession limit: Up to 1 oz.
Conditions qualifying for treatment:
• Chronic pain
• Seizures
• Nausea
• Multiple sclerosis
• Cancer
• HIV/AIDS
• Glaucoma
• Cachexia

Number of plants allowed for cultivation: 6; no more than 3 mature plants
Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substances. They must be listed as either a primary or secondary caregiver.
A written statement is required from a physician. Use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in Alaska.

Arizona

Year enacted: 2010
State statute: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/36/02801.htm&Title=36&DocType=ARS
Possession limit: Up to 2.5 oz.
Conditions qualifying for treatment:
• Cachexia
• Chronic pain
• Severe nausea
• Multiple sclerosis
• Seizures
• Muscle spasms
• Glaucoma

Number of plants allowed for cultivation: 12
Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance or violent crime. A single caregiver can assist up to 5 patients with medical marijuana treatment.
Patients must acquire a registry identification card from the Arizona Department of Health Services in order to purchase medical marijuana. Registry identification cards are only issued to patients who receive a physician’s written statement confirming a qualifying medical condition. Non-resident medical marijuana cards are recognized in Arizona, but cardholders may not purchase marijuana within the state.

California

Year enacted: 1996
State statute: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11362.7-11362.83
Possession limit: Up to 8 oz; more may be permitted if specifically indicated by an attending physician.
Conditions qualifying for treatment:
• AIDS
• Anorexia
• Arthritis
• Cachexia
• Cancer
• Chronic pain
• Glaucoma
• Migraine
• Muscle spasms/MS
• Seizures
• Severe nausea

An attending physician may also prescribe medical marijuana for any other condition that significantly limits a person’s ability to “conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990.”
Number of plants allowed for cultivation: 6 mature or 12 immature plants
Caregivers administering medical marijuana must be over the age of 18 unless they are the parent of a qualifying minor. They must be listed as an authorized caregiver on the patient’s identification card.
A written or oral recommendation is required from a physician. Use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in California.

Colorado

Year enacted: 2001
State statute: https://www.colorado.gov/pacific/sites/default/files/CHEIS_MMJ_Colorado-Constitution-Article-XVIII.pdf
Possession limit: Up to 2 oz.
Conditions qualifying for treatment:
• Cachexia
• Severe pain
• Severe nausea
• Seizures
• Muscle spasms

Number of plants allowed for cultivation: 6
Caregivers administering medical marijuana must be over the age of 18 and must not be the patient’s physician. They must be listed on the state’s medical marijuana registry.
A written statement is required from a physician. Use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in Colorado.

Connecticut

Year enacted: 2012
State statute: https://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00055-R00HB-05389-PA.pdf
Possession limit: A one-month supply, as determined by the Department of Consumer Protection.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Parkinson’s disease
• Multiple sclerosis
• Nerve or spine damage
• Epilepsy
• Cachexia
• Wasting syndrome
• Crohn’s disease
• PTSD

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers administering medical marijuana must be over the age of 18 and cannot be the patient’s physician. The need for a caregiver must be assessed and confirmed by a physician.
A written statement is required from a physician, and patients must register with the Department of Consumer Protection. Use of marijuana is not permitted in public or in the presence of minors. Non-resident medical marijuana cards are not recognized in Connecticut.

Delaware

Year enacted: 2011
State statute: http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+17/$file/legis.html?open
Possession limit: Up to 6 oz.
Conditions qualifying for treatment:
• Cancer
• HIV/AIDS
• Hepatitis C
• ALS
• PTSD
• Cachexia
• Severe pain
• Severe nausea
• Seizures
• Muscle spasms
• Glaucoma

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance or violent crime.
Written certification is required from a physician, and qualifying patients must receive an identification card from the Department of Health and Social Services. The use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in Delaware.

District of Columbia

Year enacted: 2010
State statute: http://dccode.org/simple/Title-7/Chapter-16B/
Possession limit: Up to 2 oz.
Conditions qualifying for treatment:
• HIV/AIDS
• Glaucoma
• Muscle spasms
• Multiple sclerosis
• Cancer

A physician may also prescribe medical marijuana for other conditions for which the drug is likely to be less addictive than conventional treatments.
Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers administering medical marijuana must be over the age of 18 and must register with the Department of Health. Caregivers may only provide care to a single patient.
Patients must obtain a written recommendation from a physician and register with the mayor’s office. The use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in the District of Columbia.

Hawaii

Year enacted: 2000
State statute: http://dps.hawaii.gov/wp-content/uploads/2012/09/Physian-Information-Med-Marijuana-rev113011.pdf
Possession limit: Up to 3 oz.
Conditions qualifying for treatment:
• Cachexia
• Cancer
• Chronic pain
• Crohn’s disease
• Glaucoma
• HIV/AIDS
• Multiple sclerosis
• Nausea
• PTSD
• Seizures

Number of plants allowed for cultivation: 7; no more than 3 mature plants
Primary caregivers must be at least 18 years of age and can only provide care to a single qualifying patient. Likewise, each patient is limited to a single primary caregiver.
A written certification is required from a physician, and patients must register with the Narcotics Enforcement Division. Non-resident medical marijuana cards are not recognized in Hawaii.

Illinois

Year enacted: 2014
State statute: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1&GAID=12&DocTypeID=HB&SessionID=85&GA=98
Possession limit: Up to 2.5 oz.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• ALS
• Crohn’s disease
• Alzheimer’s disease
• Cachexia
• Muscular dystrophy
• Severe fibromyalgia
• Spinal cord disease
• Rheumatoid arthritis
• Fibrous dysplasia
• Traumatic brain injury
• Multiple sclerosis
• Syringomyelia
• Parkinson’s disease
• Tourette’s syndrome
• Myoclonus
• Dystonia
• RSD
• Causalgia
• CRPS

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Primary caregivers must be at least 21 years of age with no violent criminal convictions.
Written certification is required from a physician, and patients and their caregivers must obtain a valid registry identification card from the Department of Public Health. The possession of cannabis is forbidden on school grounds and in other child care facilities. Non-resident medical marijuana cards are not recognized in Illinois.

Maine

Year enacted: 1999
State statute: http://www.mainelegislature.org/legis/statutes/22/title22ch558-Csec0.html
Possession limit: Up to 2.5 oz.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• ALS
• Alzheimer’s disease
• Nail-patella syndrome

Number of plants allowed for cultivation: 6; no more than 3 mature plants
Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance.
A written statement is required from a physician. Maine law dictates that out-of-state medical marijuana patients may purchase cannabis from qualified providers in Maine, within the limits of state law. Non-resident medical marijuana cards are recognized in Maine. Visiting qualifying patients may medicate in the state for up to 30 days but may not purchase marijuana within the state.

Maryland

Year enacted: 2013
State statute: http://mmcc.maryland.gov/pages/law/documents/Subtitle 33_Sept2015_Corrected.pdf
Possession limit: A 30-day supply, as determined by the Natalie M. LaPrade Medical Cannabis Commission
Conditions qualifying for treatment:
• Cachexia
• Chronic pain
• Nausea
• Seizures
• Severe muscle spasms

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers administering medical marijuana must be over the age of 18. If the patient is a minor, the parent or guardian is considered the legal caregiver.
Prospective patients must receive an evaluation and written statement from a physician who is registered with the Cannabis Commission and legally authorized to recommend cannabis for medical treatment. Non-resident medical marijuana cards are not recognized in Maryland.

Massachusetts

Year enacted: 2013
State statute: https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter369
Possession limit: A 60-day supply, as determined by the Department of Public Health of the Commonwealth of Massachusetts
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• ALS
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis

Number of plants allowed for cultivation: The number sufficient to maintain a 60-day supply as determined by the Department of Public health.
Caregivers administering medical marijuana must be over the age of 21 and are strictly prohibited from consuming marijuana obtained for the use of the patient.
Prospective patients must obtain a written statement from a physician and register with the Department of Public Health. Non-resident medical marijuana cards are not recognized in Massachusetts.

Michigan

Year enacted: 2008
State statute: http://www.legislature.mi.gov/(S(ydijfbcyixva5r2qidt4ifkl))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008
Possession limit: Up to 2.5 oz.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• ALS
• Crohn’s disease
• Alzheimer’s disease
• Nail-patella syndrome
• Cachexia
• Chronic pain
• Severe nausea
• Seizures
• Muscle spasms

Number of plants allowed for cultivation: 12
Primary caregivers administering medical marijuana must be over the age of 21. They must not have been convicted of any felony within the past 10 years, and they must not have been convicted of any assaultive or drug-related felony in their lifetime.
Prospective patients must obtain a written statement from a physician and receive a registry identification card from the Department of Licensing and Regulatory Affairs. Non-resident medical marijuana cards are recognized in Michigan if the patient's state of residency also offers reciprocity.

Montana

Year enacted: 2004
State statute: http://leg.mt.gov/bills/mca_toc/50_46_3.htm
Possession limit: Up to 1 oz.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Cachexia
• Severe chronic pain
• Crohn’s disease
• Epilepsy
• Multiple sclerosis
• Peripheral neuropathy
• Muscle spasms
• Nervous system disorder

Number of plants allowed for cultivation: 6
A primary caregiver administering medical marijuana must be over the age of 18 and must undergo a background check. The caregiver must be a Montana resident and is required to register with the Department of Public Health and Human Services. Caregivers are prohibited from receiving monetary compensation for the services that they provide to cardholders.
Physicians must provide prospective patients with a written statement to be completed on the appropriate Department of Public Health form. Qualifying patients must renew their medical marijuana identification card on an annual basis. Non-resident medical marijuana cards are not recognized in Montana.

Nevada

Year enacted: 2001
State statute: http://www.leg.state.nv.us/nac/nac-453a.html
Possession limit: Up to 1 oz.
Conditions qualifying for treatment:
• AIDS
• Cancer
• Cachexia
• Multiple sclerosis
• Seizures
• Severe nausea
• Severe pain

Number of plants allowed for cultivation: 7; no more than 3 mature plants. Home cultivation is limited within 25 miles of an operating dispensary.
A primary caregiver administering medical marijuana must be over the age of 18 and must register with the Division of Public and Behavioral Health of the Department of Health and Human Services.
Prospective patients must receive written documentation from a physician. Qualifying patients are then encouraged to register confidentially for a state ID card, but even in the absence of an ID card, qualifying patients may be able to avoid prosecution by arguing an affirmative defense. This means that they can prove a legitimate medical need for cannabis. Non-resident medical marijuana cards are recognized in Nevada if the cardholder agrees to abide by state possession laws.

New Hampshire

Year enacted: Not yet operational; law signed 2013
State statute: http://www.gencourt.state.nh.us/rsa/html/x/126-x/126-x-mrg.htm
Possession limit: 2 oz.
Conditions qualifying for treatment:
• ALS
• Traumatic brain injury
• Cancer
• Lupus
• Chemotherapy-induced anorexia
• Hepatitis C
• Epilepsy and seizures
• Multiple sclerosis
• Crohn’s disease
• Persistent muscle spasms
• Parkinson’s disease
• Glaucoma
• Spinal cord injury
• Severe pain
• Wasting syndrome
• Nausea
• Elevated intraocular pressure
• Muscular dystrophy
• Chronic pancreatitis
• Cachexia
• Alzheimer’s
• Vomiting

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers must be over the age of 21 and may not have any prior felony convictions. Caregivers may serve no more than five qualifying patients.
Written certification from a physician is required, and a patient/physician relationship must have existed for more than three months. Non-resident medical marijuana cards are recognized in New Hampshire with a written statement from a physician, but qualifying patients may not purchase cannabis in New Hampshire.

New Jersey

Year enacted: 2011
State statute: ftp://www.njleg.state.nj.us/20082009/S0500/119_I1.HTM
Possession limit: 2 oz. per month
Conditions qualifying for treatment:
• ALS
• Glaucoma
• HIV/AIDS
• Spasticity disorders and seizures
• Cancer
• IBD
• Multiple sclerosis
• Crohn’s disease
• Muscular dystrophy
• Terminal illness if death is predicted within a year

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers must be residents of New Jersey and at least 18 years of age. They must not have any prior convictions for felony drug offenses. Caregivers must not have more than 1 qualifying patient at a time.
Written certification is required and includes a statement from a physician or medical records. Both caregivers and qualifying patients must register with the state. Non-resident medical marijuana cards are not recognized in New Jersey.

New Mexico

Year enacted: 2007
State statute: http://nmhealth.org/publication/view/regulation/128/
Possession limit: 6 oz.; more possible with authorization from physician
Conditions qualifying for treatment:
• Spinal cord damage
• Anorexia
• Multiple sclerosis
• Cachexia
• Crohn’s disease
• Hepatitis C
• Cancer
• HIV/AIDS
• Parkinson’s disease
• Huntington’s disease
• Epilepsy
• Cervical dystonia
• Hospice patients
• ALS
• PTSD
• Arthritis
• Painful peripheral neuropathy
• Intractable nausea
• Chronic pain
• Glaucoma

Number of plants allowed for cultivation: 16 plants; no more than 4 may be mature
Caregivers must be at least 18 years of age and residents of New Mexico. Caregivers are designated by the patient's physician as necessary.
Written certification is required from a practitioner, and qualifying patients must be entered into a confidential state registry. Non-resident medical marijuana cards are not recognized in New Mexico.

New York

Year enacted: 2014
State statute: https://www.health.ny.gov/regulations/medical_marijuana/docs/regulations.pdf
Possession limit: 30-day supply; may not be in whole-plant form. Pills, oils and other non-smokable forms are permitted.
Conditions qualifying for treatment:
• Cancer
• Spinal cord damage
• Neuropathies
• IBD
• Parkinson’s disease
• Huntington’s disease
• ALS
• Epilepsy
• Multiple sclerosis
• HIV/AIDS

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.
Caregivers may not serve more than 5 certified patients. Patients may have up to 2 caregivers. Both caregivers and qualifying patients must register with the state to gain access to medication.
Written certification is required from a practitioner. Non-resident medical marijuana cards are not recognized in New York.

Oregon

Year enacted: 1998
State statute: https://www.oregonlegislature.gov/bills_laws/ors/ors475B.html
Possession limit: 24 oz.
Conditions qualifying for treatment:
• Seizures
• HIV/AIDS
• Cachexia
• Cancer
• Post-traumatic stress
• Glaucoma
• Persistent muscle spasms
• Alzheimer’s disease
• Chronic pain
• Nausea
• Other conditions subject to approval

Number of plants allowed for cultivation: 6 mature plants; up to 18 immature plants
Caregivers must be at least 18 years of age and cannot be the patient’s physician. A patient may only have 1 caregiver. Written documentation is required from a physician. Qualifying patients must enter into the confidential state registry. Non-resident medical marijuana cards are not recognized in Oregon, but recreational marijuana use is legal in the state.

Pennsylvania

Year enacted: 2016
State statute: http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=16
Smoking prohibited: Patients may take marijuana in pill, oil, vapor, ointment or liquid form; not able to legally obtain marijuana to smoke or grow.

Conditions qualifying for treatment:

  • Cancer 
  • HIV
  • AIDS
  • ALS
  • Parkinson's disease
  • seizures
  • epilepsy
  • inflammatory bowel disease
  • neuropathies
  • Huntington's disease
  • Crohn's disease
  • post-traumatic stress disorder
  • intractable seizures
  • glaucoma
  • sickle cell anemia
  • autism
  • neuropathic pain
  • multiple sclerosis
  • damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • severe chronic or intractable pain that is untreatable.

Number of plants allowed for cultivation: Up to 25 growers and processors licenses available, and as many as 50 dispensaries, which can each operate three locations. Dispensaries and growers can not be located within 1,000 feet of a school or day care center (Department of Health may waive requirement on a case-by-case basis). Growers, processors and dispensaries must meet local zoning laws. Patients are not be allowed to legally grow their own marijuana.

Rhode Island

Year enacted: 2006
State statute: http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28.6/INDEX.HTM
Possession limit: 2.5 oz.
Conditions qualifying for treatment:
• Cancer
• Glaucoma
• HIV/AIDS
• Cachexia
• Persistent muscle spasms
• Seizures
• Alzheimer’s disease
• Chronic pain
• Crohn’s disease
• Hepatitis C
• Nausea
• Other conditions subject to approval

Number of plants allowed for cultivation: 12 mature plants, 12 immature plants; more allowed if multiple cardholders cooperatively cultivate. Marijuana plants must be stored indoors.
Caregivers must be at least 21 years of age and cannot serve more than 5 qualifying patients. Written certification is required from a physician. Qualifying patients must enter into the state's confidential registry. Non-resident medical marijuana cards are recognized in Rhode Island.

Vermont

Year enacted: 2004
State statute: http://legislature.vermont.gov/statutes/fullchapter/18/086
Possession limit: 2 oz.
Conditions qualifying for treatment:
• Cancer
• HIV/AIDS
• Cachexia
• Wasting syndrome
• Severe pain and nausea
• Multiple sclerosis

Number of plants allowed for cultivation: 9 plants; only 2 may be mature
Caregivers must be at least 21 years of age and may not have prior convictions for drug-related crimes. Caregivers may only serve 1 qualifying patient at a time. Diagnosis from an eligible physician is required. Eligible physicians must register with the state. Non-resident medical marijuana cards are not recognized in Vermont.

Washington

Year enacted: 1998
State statute: http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51a&full=true
Possession limit: 3 oz., 48 oz. solid infused product, 216 oz. liquid infused product, 21 g. concentrates
Conditions qualifying for treatment:
• Cancer
• Cachexia
• PTSD
• Traumatic brain injury
• Hepatitis C
• Intractable pain
• Seizures
• Crohn’s disease
• Nausea
• Glaucoma
• Persistent muscle spasms
• HIV/AIDS
• Spasticity
• Terminal or debilitating conditions

Number of plants allowed for cultivation: 6 plants if registered in voluntary patient database; 4 if not registered.
Caregivers must be at least 21 years of age and must be authorized by the patient’s physician or entered into an authorized database. Patients must receive valid documentation from a physician, a physician's assistant, a registered nurse or a naturopath. Nonresident medical marijuana cards are not recognized in Washington, but recreational marijuana use is legal in the state.

Speak to an Experienced Medical Marijuana Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical marijuana lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical marijuana attorney to discuss your specific legal situation.

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