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Constitutional Issues
Existing State Medical Marijuana Laws
Myths
& Truths: Political and Legal Issues
MYTH
#1: "Medical marijuana sends the wrong message to children."
TRUTH: Since doctors can currently prescribe cocaine, morphine, and methamphetamine—all
addictive, abused drugs—there is no justification for this argument.
In Addition, the federal government's annual National Household Survey
on Drug Abuse has found that marijuana use has not increased among young
people in California since the passage of Proposition 215 in 1996. In
fact, the marijuana usage rates among California teens is currently lower
than the national average.
MYTH #2: "State-level medical marijuana laws will put states in violation of federal law."
TRUTH: There is no federal law that mandates that states must enforce federal laws against marijuana possession or cultivation. States are free to determine their own penalties--or lack thereof--for drug offense.
MYTH #3: "Medical marijuana bills are full of loopholes."
TRUTH: New York’s legislation has been drafted very carefully to ensure that there are no loopholes, real or imagined. In fact, the proposed bill is modeled after the state’s existing law for managing and prescribing controlled substances. While it may be true that certain bills and ballot initiatives in other states may be flawed, that has primarily been a function of the difficulties inherent when drafting language in uncharted legal waters.
MYTH #4: "Ballot initiatives were passed because well-funded campaigns hoodwinked voters."
TRUTH: Independent polls conducted before any money was spent on these campaigns indicated overwhelming support for these initiatives. Furthermore, opponents used millions in tax dollars, government officials (such as then-Drug Czar Barry McCaffrey) and
statements from three former presidents to oppose the initiatives, yet they still passed. A 1996 campaign poll showed 95% of California voters were aware that marijuana is sometimes used for medical purposes, while 32% of the voters said that they knew someone who had used medical marijuana.
MYTH #5: "This bill is too weak—it doesn't even require a doctor's prescription."
TRUTH: A prescription is a legal document ordering a pharmacy to release a controlled substance. Currently, the federal government does not allow this for marijuana. If the legislation were to include a prescription requirement, the federal government could render it ineffective through a court proceeding. Alternatively, the bill requires a physician to
"certify" that a patient has a debilitating medical condition whereby the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. The certification for marijuana must be written, and a copy must be filed with the state Department of Health.
MYTH #6: "These bills and initiatives are confusing to law-enforcement officials."
TRUTH: A November 2002 General Accounting Office report (#GAO-03-189 ), which investigated the impact of medical marijuana laws on law enforcement efforts in four states, found no evidence that medical marijuana laws impeded the enforcement of laws against the recreational use of marijuana or any other illegal drug.
MYTH #7: "Medical marijuana is just a sneaky step toward legalization."
TRUTH: There is no justifiable link between allowing seriously ill people to use marijuana and the prohibition of marijuana for recreational use. Doctors are allowed to prescribe cocaine, morphine and methamphetamines, and no one is claiming that these drugs are on the verge of being legalized for recreational use.
MYTH #8: "No one really goes to prison for medical marijuana offenses."
TRUTH: Neither Federal nor New York law makes any exceptions for medical marijuana. On the federal level, possession of even one joint carries a maximum penalty of one year in prison. And cultivation of even one plant is a felony, with a maximum sentence of five
years. Most state laws are in this same ballpark. With no medical necessity defense available, medical marijuana users are treated the same as recreational users. Many are sent to prison. With an estimated 60,000 marijuana offenders in prisons and jails nationwide at any given time, if only 1% of them are medical marijuana users, that is 600 patient incarcerations.
MYTH #9: "The federal government already allows medical marijuana research; patients can access that system."
TRUTH: Only five patients in the United States legally receive marijuana from the federal government. These patients are in an experimental program that was closed to all new applicants in 1992. Thousands of Americans used marijuana through experimental state programs in the late 1970s and early 1980s, but none of these programs are presently operational. In terms of general marijuana research, the 1999 federal medical marijuana research guidelines still make it nearly impossible to do research that would generate the necessary data to enable the FDA to approve natural, smokable marijuana as a prescription medicine. Two things that would make it much easier to conduct research would be: (1) moving marijuana from Schedule I to Schedule II of the federal Controlled
Substances Act, and (2) ending the National Institute on Drug Abuse's monopoly on the supply of marijuana for research.
MYTH #10: "Medical marijuana is opposed by all major health and medical organizations."
TRUTH: No medical organization supports arresting and imprisoning seriously ill people for using marijuana with their doctors' approval. In reality, numerous health, medical and other prominent associations have favorable medical marijuana positions, including the American Academy of HIV Medicine, the American Bar Association, American Civil Liberties Union (ACLU), the American Nurses Association, American Medical Student Association, the American Public Health Association, Arthritis Research Campaign, the Episcopal Church, HIV Medicine Association of the Infectious Diseases Society of America, Lymphoma & Leukemia Society, the Lymphoma Foundation of America, the National Association for Public Health Policy, National Association of People with AIDS, National Black Police Association, the New York AIDS Coalition, the New York State Nurses Association, the New York State Association of County Health Officials, New York Statewide Senior Action Council, the Presbyterian Church USA, the United Church of Christ, the United the Methodist Church's Board of Church and Society, the Union of Reform Judaism, the Unitarian Universalist Association and numerous others.
MYTH #11: "Those
supporting medical marijuana base their belief on ideology, not science."
TRUTH: There is considerable scientific evidence supporting marijuana's
therapeutic benefits, most recently in the 1999 National Academy of Science’s
Institute of Medicine report (summarized elsewhere in the packet).
*Answers based on findings reported in "Marijuana and Medicine: Assessing
the Science Base," copyright 1999 by the National Academy of Sciences
(ISBN 0-309-07155-0).
The
full report by the National Academy of Sciences on-line
Constitutional
Issues
Nothing in the constitution prohibits states from enacting penalties that
differ from federal law
The federal government
cannot punish physicians for discussing or recommending marijuana with
patients
(Conant v. McCaffrey)
The federal government has not tried to overturn any state medical marijuana
law, nor does it plan on trying. High-ranking members of the U.S. Department
of Justice evaluated the legal prospects of a court challenge to the medical
marijuana initiatives, and they concluded that such a challenge would
fail. This was stated on the record by David Anderson of the U.S. Department
of Justice during a hearing in Wayne Turner v. D.C. Board of Elections
and Ethics, et al, (Civil Action No. 98-2634 RWR, September 17, 1999),
in a proceeding challenging the constitutionality of U.S. Rep. Bob Barr's
amendment to the fiscal year 1999 D.C. budget to prohibit the District
from spending any funds to conduct any initiative that would reduce the
penalties for possession, use, or distribution of marijuana. Anderson's
comments are supported by Footnote 5 in the federal court's. Turner opinion:
"In addition, whatever else Initiative 59 purports to do, it proposes
making local penalties for drug possession narrower than the comparable
federal ones. Nothing in the Constitution prohibits such an action."
The United States District Court for the District of Columbia ruled that
the votes were to be counted, and the medical marijuana initiative passed.
Testifying at a June 16, 1999, hearing of the Government Reform Subcommittee
on Criminal Justice, Drug Policy and Human Resources of the U.S. House
of Representatives, Drug Czar Barry McCaffrey also admitted that "these
[medical marijuana] statutes were deemed to not be in conflict with federal
law." Further, McCaffrey said that the federal government has "a
problem" because there are not enough DEA agents to enforce federal
law against personal use, possession, and cultivation in the states that
have removed criminal penalties for medical marijuana. It seems doubtful
that the federal government will ever be able to overturn a state medical
marijuana law because it cannot force states to have laws that are identical
to federal law, nor can the federal government force state and local police
to enforce federal laws. In select cases, however, the U.S. Department
of Justice may take legal action againstselected individuals and organizations
for federalmarijuana offenses.
Since 1996, there have been few cases of federal litigation
relating to medical marijuana.
1. Gonzales v. Raich
On June 6, 2005, the U.S. Supreme Court ruled 6-3 that the federal government has the power under the Commerce Clause of the U.S. Constitution to prohibit purely intrastate cultivation and possession of marijuana authorized by state medical marijuana laws. However, the court did not overturn state medical marijuana laws or in any way interfere with their continued operation.
Gonzales v. Raich does not affect states' ability to pass medical marijuana laws -- and it does not overturn the laws now protecting the right of more than 61 million Americans living in Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington to use medical marijuana legally under state laws.
2. United States of America v. Oakland Cannabis Buyers' Cooperative
(532 U.S. 483 (2001)
Ruling: The United States Supreme Court held that a medical marijuana
distributor may not assert the common law defense of necessity against
federal marijuana distribution charges brought under the federal Controlled
Substances Act.
Background: In January 1998, the U.S. Department of Justice filed
a civil suit to stop the operation of six distribution centers in northern
California, including the Oakland Cannabis Buyers' Cooperative (OCBC).
U.S. District Judge Charles Breyer issued a temporary injunction in May
1998 to shut down the distribution centers, pending the outcome of the
case. OCBC appealed the injunction. In 1999, the U.S> Court of Appeals
for the Ninth Circuit unanimously ruled that OCBC could assert the common
law defense of "medical necessity" against federal marijuana
distribution charges, provided that a distributor can prove in a trial
court that the patients it serves are
seriously ill, face imminent harm without marijuana, and have no effective
legal alternatives. The Ninth Circuit then returned the case to the district
court for further proceedings. The district court then modified its earlier
injunction, permitting OCBC to distribute marijuana to seriously ill people
who meet the Ninth Circuit Court's medical necessity criteria. The Federal
Department of Justice appealed to the district court order. In May, 2001,
the Supreme Court reversed the Ninth Circuit, holding that the third party
marijuana distributors like the OCBC could not assert the defense of medical
necessity against the charge of marijuana distribution under the Controlled
Substances Act.
Of Note: The OCBC ruling is very narrow. The Supreme Court did
not declare that patients in need of medical
marijuana could not assert a medical necessity defense. Nor did the Court
reach any of the constitutional claims raised by OCBC in its defense,
or question the rights of California patients and caregivers to grow,
possess, and use medical marijuana under the state law as provided by
Proposition 215. The case deals only with federal law, and only with the
distribution of medical marijuana by third parties.
12 states have active medical marijuana programs
Federal law,
through the Controlled Substances Act, does not allow medical marijuana.
State Laws on Medical Marijuana:
• 12 states have active programs: Alaska, California, Colorado, Hawaii,
Maine, N, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington
Alaska
SUMMARY: Fifty-eight percent of voters approved Ballot Measure #8 on November
3, 1998. The law took effect on March 4, 1999. It removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess written documentation from their physician advising
that they "might benefit from the medical use of marijuana."
Patients diagnosed with the following illnesses are afforded legal protection
under this act: cachexia; cancer; chronic pain; epilepsy and other disorders
characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and
other disorders characterized by muscle spasticity; and nausea. Other
conditions are subject to approval by the Alaska Department of Health
and Social Services. Patients (or their primary caregivers) may legally
possess no more than one ounce of usable marijuana, and may cultivate
no more than six marijuana plants, of which no more than three may be
mature. The law establishes a confidential state-run patient registry
that issues identification cards to qualifying patients. To date, approximately
200 cards have been issued to registered patients.
AMENDMENTS: Yes.
Senate Bill 94, which took effect on June 2, 1999, mandates all patients
seeking legal protection under this act to enroll in the state patient
registry and possess a valid identification card. Patients not enrolled
in the registry will no longer be able to argue the "affirmative
defense of medical necessity" if they are arrested on marijuana charges.
CONTACT INFORMATION: For more information on Alaska’s medical marijuana
law, please contact:
Alaskans for Medical Rights
P.O. Box 102320
Anchorage, AK 99510
Application information for the Alaska medical marijuana registry is available
by writing or calling:
Alaska Department of Health and Social Services
P.O. Box 110699
Juneau, AK 99811-0699
(907) 465-5423
Attention: Terry Ahrens
terry_ahrens@health.state.ak.us
California
SUMMARY: Fifty-six percent of voters approved Proposition 215 on November
5, 1996. The law took effect the following day. It removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess a "written or oral recommendation" from
their physician that he or she "would benefit from medical marijuana."
Patients diagnosed with any debilitating illness where the medical use
of marijuana has been "deemed appropriate and has been recommended
by a physician" are afforded legal protection under this act. Conditions
typically covered by the law include but are not limited to: arthritis;
cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple
sclerosis. No set limits regarding the amount of marijuana patients may
possess and/or cultivate were provided by this act, though the California
Legislature adopted guidelines in 2003.
AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October
2003 and took effect on January 1, 2004, imposes statewide guidelines
outlining how much medicinal marijuana patients may grow and possess.
Under the guidelines, qualified patients and/or their primary caregivers
may possess no more than eight ounces of dried marijuana and/or six mature
(or 12 immature) marijuana plants. However, S.B. 420 allows patients to
possess larger amounts of marijuana when such quantities are recommended
by a physician. The legislation also allows counties and municipalities
to approve and/or maintain local ordinances permitting patients to possess
larger quantities of medicinal pot than allowed under the new state guidelines.
Senate Bill 420 also mandates the California Department of State Health
Services to establish a voluntary medicinal marijuana patient registry,
and issue identification cards to qualified patients.
Senate Bill 420 also grants implied legal protection to the state's medicinal
marijuana dispensaries, stating, "Qualified patients, persons with
valid identification cards, and the designated primary caregivers of qualified
patients ... who associate within the state of California in order collectively
or cooperatively to cultivate marijuana for medical purposes, shall not
solely on the basis of that fact be subject to state criminal sanctions."
CONTACT INFORMATION:
For more information on California’s medical
marijuana law, please contact:
California NORML
2215-R Market Street #278
San Francisco, CA 94144
(415) 563-5858
California Department of Health Services
Office of County Health Services
Attention: Medical Marijuana Program Unit
MS 5203
P.O. Box 997413
mmpinfo@dhs.ca.gov
http://dhs.ca.gov/mmp/default.htm
A list of California doctors who recommend medical cannabis
A list of California medical cannabis providers
Colorado
SUMMARY: Fifty-four percent of voters approved Amendment 20 on November
7, 2000, which amends the state’s constitution to recognize the medical
use of marijuana. The law took effect on June 1, 2001. It removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess written documentation from their physician affirming
that he or she suffers from a debilitating condition and advising that
they "might benefit from the medical use of marijuana." (Patients
must possess this documentation prior to an arrest.) Patients diagnosed
with the following illnesses are afforded legal protection under this
act: cachexia; cancer; chronic pain; chronic nervous system disorders;
epilepsy and other disorders characterized by seizures; glaucoma; HIV
or AIDS; multiple sclerosis and other disorders characterized by muscle
spasticity; and nausea. Other conditions are subject to approval by the
Colorado Board of Health. Patients (or their primary caregivers) may legally
possess no more than two ounces of usable marijuana, and may cultivate
no more than six marijuana plants. The law establishes a confidential
state-run patient registry that issues identification cards to qualifying
patients. Patients who do not join the registry or possess greater amounts
of marijuana than allowed by law may argue the "affirmative defense
of medical necessity" if they are arrested on marijuana charges.
To date, approximately 700 cards have been issues to registered patients.
CONTACT INFORMATION:
Application information for the Colorado medical
marijuana registry is available online or by writing:
Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
Hawaii
SUMMARY: Governor Ben Cayetano signed Senate Bill 862 into law on June
14, 2000. The law took effect on December 28, 2000. The law removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess a signed statement from their physician affirming
that he or she suffers from a debilitating condition and that the "potential
benefits of medical use of marijuana would likely outweigh the health
risks." Patients diagnosed with the following illnesses are afforded
legal protection under this act: cachexia; cancer; chronic pain; Crohn’s
disease; epilepsy and other disorders characterized by seizures; glaucoma;
HIV or AIDS; multiple sclerosis and other disorders characterized by muscle
spasticity; and nausea. Other conditions are subject to approval by the
Hawaii Department of Health. Patients (or their primary caregivers) may
legally possess no more than one ounce of usable marijuana, and may cultivate
no more than seven marijuana plants, of which no more than three may be
mature. The law establishes a mandatory, confidential state-run patient
registry that issues identification cards to qualifying patients. To date,
approximately 2,600 cards have been issued to registered patients.
AMENDMENTS: No, although Hawaii has a separate statute allowing patients
arrested on marijuana charges to present a "choice of evils"
defense arguing that their use of marijuana is medically necessary.
CONTACT INFORMATION:
Administrative rules for Hawaii’s medical marijuana
program are available online from the Drug Policy Forum of Hawaii website
at: http://www.dpfhi.org/
Application information for the Hawaii medical marijuana registry is available
by writing or calling:
Hawaii Department of Public Safety
919 Ala Moana Boulevard
Honolulu, HI 96814
(808) 594-0150
Maine
SUMMARY: Sixty-one percent of voters approved Question 2 on November 2,
1999. The law took effect on December 22, 1999. It removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess an oral or written "professional opinion"
from their physician that he or she "might benefit from the medical
use of marijuana." Patients diagnosed with the following illnesses
are afforded legal protection under this act: epilepsy and other disorders
characterized by seizures; glaucoma; multiple sclerosis and other disorders
characterized by muscle spasticity; and nausea or vomiting as a result
of AIDS or cancer chemotherapy. Patients (or their primary caregivers)
may legally possess no more than one and one-quarter ounces of usable
marijuana, and may cultivate no more than six marijuana plants, of which
no more than three may be mature. Those patients who possess greater amounts
of marijuana than allowed by law are afforded a "simple defense"
to a charge of marijuana possession. The law does not establish a state-run
patient registry.
AMENDMENTS: Yes. Senate Bill 611, which was signed into law on April
2, 2002, increases the amount of useable marijuana a person may possess
from one and one-quarter ounces to two and one-half ounces.
CONTACT INFORMATION:
Brochures outlining Maine’s medical marijuana
law are available from:
Mainers for Medical Rights
P.O. Box 746
Gorham, ME 04084
(800) 846-1039
New Mexico
New Mexico
SUMMARY: In the spring of 2007, New Mexico became the 12th medical marijuana state. The New Mexico Senate approved the Lynn & Erin Compassionate Use Act with a 32-3 vote, and the House passed the bill with a 36-31 vote. Gov. Bill Richardson signed the bill into law, which took effect on July 1. The health department set regulations allowing registered patients and their caregivers to obtain temporary certificates and to posses up to six ounces of usable marijuana and seven plants, three of which can be mature. The law also instructs the health department to set up rules for regulated distribution by October 1, 2007. At that time, it will begin issuing permanent ID cards and will set permanent limits for medical marijuana possession.
CONTACT INFORMATION:
New Mexico Department of Health
Medical Cannabis Program Coordinator
(505) 827-2321
Montana
SUMMARY: Sixty-two percent of voters approved Initiative 148 on November
2, 2004. The law took effect that same day. It removes state-level criminal
penalties on the use, possession and cultivation of marijuana by patients
who possess written documentation from their physicians authorizing the
medical use of marijuana. Patients diagnosed with the following illnesses
are afforded legal protection under this act: cachexia or wasting syndrome;
severe or chronic pain; severe nausea; seizures, including but not limited
to seizures caused by epilepsy; or severe or persistent muscle spasms,
including but not limited to spasms caused by multiple sclerosis or Crohn's
disease. Patients (or their primary caregivers) may possess no more than
six marijuana plants. The law establishes a confidential state-run patient
registry that issues identification cards to qualifying patients.
To date, approximately 380 cards have been issued to registered patients.
AMENDMENTS: No
Contact Information:
Montana Medical Marijuana Program
Nevada
SUMMARY: Sixty-five percent of voters approved Question 9 on November
7, 2000, which amends the states’ constitution to recognize the medical
use of marijuana. The law took effect on October 1, 2001.
The law removes state-level criminal penalties on the use, possession
and cultivation of marijuana by patients who have “written documentation”
from their physician that marijuana may alleviate his or her condition.
Patients diagnosed with the following illnesses are afforded legal protection
under this act: AIDS; cancer; glaucoma; and any medical condition or treatment
to a medical condition that produces cachexia, persistent muscle spasms
or seizures, severe nausea or pain. Other conditions are subject
to approval by the health division of the state Department of Human Resources.
Patients (or their primary caregivers) may legally possess no more than
one ounce of usable marijuana, and may cultivate no more than seven marijuana
plants, of which no more than three may be mature. The law establishes
a confidential state-run patient registry that issues identification cards
to qualifying patients. Patients who do not join the registry or possess
greater amounts of marijuana than allowed by law may argue the “affirmative
defense of medical necessity” if they are arrested on marijuana charges.
To date, approximately 600 cards have been issued to registered patients.
AMENDMENTS: No.
CONTACT INFORMATION: Application information for the Nevada medical marijuana
registry is available by writing or calling:
Nevada Department of Agriculture
P.O. Box 11279
Reno, NV 89510
(775) 688-1180
(Attention: Jennifer Bartlett)
Oregon
SUMMARY: Fifty-five percent of voters approved Measure 67 on November
3, 1998. The law took effect on December 3, 1998. It removes state-level
criminal penalties on the use, possession and cultivation of marijuana
by patients who possess a signed recommendation from their physician stating
that marijuana "may mitigate" his or her debilitating symptoms.
Patients diagnosed with the following illnesses are afforded legal protection
under this act: cachexia; cancer; chronic pain; epilepsy and other disorders
characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and
other disorders characterized by muscle spasticity; and nausea. Other
conditions are subject to approval by the Health Division of the Oregon
Department of Human Resources. Patients (or their primary caregivers)
may legally possess no more than three ounces of usable marijuana, and
may cultivate no more than seven marijuana plants, of which no more than
three may be mature. The law establishes a confidential state-run patient
registry that issues identification cards to qualifying patients. Patients
who do not join the registry or possess greater amounts of marijuana than
allowed by law may argue the "affirmative defense of medical necessity"
if they are arrested on marijuana charges. To date, approximately 14,900
cards have been issued to registered patients.
AMENDMENTS: Yes.
House Bill 3052, which took effect on July 21, 1999, mandates that patients
(or their caregivers) may only cultivate marijuana in one location, and
requires that patients must be diagnosed by their physicians at least
12 months prior to an arrest in order to present an "affirmative
defense." This bill also states that law enforcement officials who
seize marijuana from a patient pending trial do not have to keep those
plants alive. Last year the Oregon Board of Health approved agitation
due to Alzheimer’s disease to the list of debilitating conditions
qualifying for legal protection.
In August 2001, program administrators filed established temporary procedures
further defining the relationship between physicians and patients. The
new rule defines attending physician as "a physician who has established
a physician/patient relationship with the patient; …is primarily
responsible for the care and treatment of the patients; …has reviewed
a patient’s medical records at the patient’s request, has conducted
a thorough physical examination of the patient, has provided a treatment
plan and/or follow-up care, and has documented these activities in a patient
file."
Also, Senate Bill 1085, which takes effect on January 1, 2006, raises
the quantity of cannabis that authorized patients may possess from seven
plants (with no more than three mature) and three ounces of cannabis to
six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable
cannabis. However, those state-qualified patients who possess cannabis
in amounts exceeding the new state guidelines will no longer retain the
ability to argue an "affirmative defense" of medical necessity
at trial. Patients who fail to register with the state, but who possess
medical cannabis in amounts compliant with state law, still retain the
ability to raise an "affirmative defense" at trial.
Other amendments to Oregon's medical marijuana law redefine "mature
plants" to include only those cannabis plants that are more than
12 inches in height and diameter, and establish a state-registry for those
authorized to produce medical cannabis to qualified patients.
CONTACT INFORMATION:
Application information for the Oregon medical marijuana
registry is available online or by writing:
Oregon Department of Human Services
800 NE Oregon St.
Portland, OR 97232
(503) 731-4000
Rhode Island
SUMMARY: The Edward O. Hawkins and Thomas C. Slater Medical
Marijuana Act took effect immediately upon passage on January 3, 2006.
The law removes state-level criminal penalties on the use, possession
and cultivation of marijuana by patients who possess "written certification"
from their physician stating, "In the practitioner's professional
opinion, the potential benefits of the medical use of marijuana would
likely outweigh the health risks for the qualifying patient."
Patients diagnosed with the following illnesses are afforded legal protection
under this act: cachexia; cancer; glaucoma; Hepatitis C; 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. Other conditions are subject
to approval by the Rhode Island Department of Health. Patients (and/or
their primary caregivers) may legally possess 2.5 ounces of cannabis and/or
12 plants, and their cannabis must be stored in an indoor facility. The
law establishes a mandatory, confidential state-run patient registry that
issues identification cards to qualifying patients. Patients who
do not register with the Department of Health, but have received certification
from their physician to use medicinal cannabis, may raise an affirmative
defense at trial. The Department of Health has 90 days from the
passage of this act to establish rules for issuing identification cards
to qualifying patients.
AMENDMENTS: On June 21, 2007, the Rhode Island General Assembly enacted a law that prevented the medical marijuana
law from sunsetting on June 30, 2007, as it had been scheduled to do, and made minor revisions to the law.
The revisions cap the amount of marijuana that caregivers for multiple patients
can possess at 24 plants and five ounces. They also allow ID cards to be valid for two years instead of one year.
CONTACT INFORMATION:
Department of Health
Vermont
SUMMARY: Senate Bill 76 would became law without Gov. James Douglas' signature
on May 26, 2004. The law takes effect on July 1, 2004. The law removes
state-level criminal penalties on the use, possession and cultivation
of marijuana by patients diagnosed with a "debilitating medical condition."
Patients diagnosed with the following illnesses are afforded legal protection
under this act: HIV or AIDS, cancer, and Multiple Sclerosis. Patients
(or their primary caregiver) may legally possess no more than two ounces
of usable marijuana, and may cultivate no more than three marijuana plants,
of which no more than one may be mature. The law establishes a mandatory,
confidential state-run registry that issues identification cards to qualifying
patients. To date, approximately 20 cards have been issued to registered
patients.
AMENDMENTS: On July 1, 2007, a legislatively-enacted expansion to the medical marijuana law took effect.
The amended law expands the qualifying medical conditions, allowing seriously ill patients
suffering from conditions that cause nausea, wasting, chronic pain, or seizures to apply for the program.
It also increases the number of plants that patients and caregivers are allowed to
grow to two mature plants and seven immature plants.
CONTACT INFORMATION: Application information for the Vermont Marijuana
Registry is available online at:
Vermont Marijuana Registry
Department of Public safety
http://www.dps.state.vt.us/cjs/marijuana.htm
Washington
SUMMARY: Fifty-nine percent of voters approved Measure 692 on November
3, 1998. The law took effect on that day. It removes state-level criminal
penalties on the use, possession and cultivation of marijuana by patients
who possess "valid documentation" from their physician affirming
that he or she suffers from a debilitating condition and that the "potential
benefits of the medical use of marijuana would likely outweigh the health
risks." Patients diagnosed with the following illnesses are afforded
legal protection under this act: cachexia; cancer; HIV or AIDS; epilepsy;
glaucoma; intractable pain (defined as pain unrelieved by standard treatment
or medications); and multiple sclerosis. Other conditions are subject
to approval by the Washington Board of Health. Patients (or their primary
caregivers) may legally possess or cultivate no more than a 60-day supply
of marijuana. The law does not establish a state-run patient registry.
A
AMENDMENTS: Yes. A legislatively-enacted amendment (SB 6032) was passed in 2007.
The amendment requires the Department of Health to adopt rules defining the quantity
of marijuana that could reasonably be presumed to be a sixty-day supply for
qualifying patients. SB 6032 also codifies certain qualifying conditions that
have been approved by the Washington State Medical Quality Assurance Commission
since the original law took effect in 1998. Crohn's disease, Hepatitis C, and diseases
that cause nausea, vomiting, wasting, appetite loss, cramping, seizures, and muscle
spasms are now officially part of Washington's medical marijuana law.
CONTACT INFORMATION: Fact sheets outlining Washington’s medical marijuana
law are available from:
Washington State Department of Health
1112 SE Quince St.
P.O. Box 47890
Olympia, WA 98504-7890
(800) 525-0127 or (360) 236-4052
Attention: Glenda Moore
http://www.doh.wa.gov
ACLU of Washington, Drug Reform Project
(206) 624-2184
http://www.aclu-wa.org/detail.cfm?id=182