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MEDICALMARIJUANAATTORNEYS.COM |
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14 STATES HAVE LAWS THAT PERMIT MEDICAL MARIJUANA USE
ALASKA MARIJUANA LAWS: The Alaska Legislature passed the MEDICAL MARIJUANA STATUTES: Alaska Stat. §§ 17.37.10 – 17.37.80 (2007). The Law provides that 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. CALIFORNIA: California Compassionate Use Act 1996, Cal. Health & Saf. Code, § 11362.5 (1996) (codifying voter initiative Prop. 215); and Cal. Health & Saf. Code, §§ 11362.7 – 11362.83 (2003) (codifying SB 420). The California law allows 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. COLORADO: C.O. Const. art. XVIII, §14 (2001) (codified as §0-4-287 art. XVIII); Colo. Rev. Stat. § 18-18-406.3 (2001) (interpreting the provisions of the ballot initiative and constitutional amendment); Colo. Rev. Stat. § 25-1.5-106 (2003) (originally enacted as § 25-1-107(1)(jj) (2001)) (describing the powers and duties of the Colorado Department of Public Health).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. DISTRICT OF COLUMBIA: Legalization of Marijuana for Medical Treatment Initiative of 1998 Seriously ill patients can legally use marijuana for medical treatment when recommended by a licensed physician HAWAII: Haw. Rev. Stat. §§ 329-121 to 329-128 (2008). Patients (or their primary caregivers) may legally possess up to 3 ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. MAINE: Me. Rev. Stat. tit. 22, § 2383-B(5), (6) (1999) (amended 2001); and Me. Rev. Stat. tit. 22, § 2383-B(3)(e) (amended 2001). Patients (or their primary caregivers) may legally possess no more than two and one-half ounces of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. MARYLAND: Maryland Darrell Putman Compassionate Use Act, Md. Code Ann., Crim. Law §5-601(c)(3)(II) (2003). This law requires the court to consider a defendant’s use of medical marijuana to be a mitigating factor in marijuana-related state prosecution. If the patient, post-arrest, successfully makes the case at trial that his or her use of marijuana is one of medical necessity, then the maximum penalty allowed by law would be a $100 fine. MICHIGAN: Michigan Medical Marijuana Act, Mich. Comp. Law §§ 333.26421 – 333.26430 (2008). Patients (or their primary caregivers) may possess no more than 12 marijuana plants kept in an enclosed, locked facility or 2.5 ounces of usable marihuana. MONTANA: Montana Medical Marijuana Act, Mont. Code Ann. §§ 50-46-1 to 50-46-2 (2007). Patients (or their primary caregivers) may possess no more than six marijuana plants. NEW JERSEY: Assembly Bill No. 804, know as The New Jersey Compassionate Use Medical Marijuana Act. Patients (or their primary caregivers) may possess no more than 12 marijuana Patients authorized to use marijuana under this act will not be permitted to cultivate their own cannabis, and are limited to the possession of two ounces of marijuana per month. NEW MEXICO: Senate Bill 523, known as the “Lynn and Erin Compassionate Use Act. Patients may legally possess six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature). OREGON: Oregon Medical Marijuana Act, Or. Rev. Stat. § 475.300 (2007). 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. 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. RHODE ISLAND: The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. R.I. Gen. Laws § 21-28.6 (2006). 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. VERMONT: Therapeutic Use of Cannabis, Vt. Stat. Ann. Title 18, §§ 4471- 4474d (2003). Patients may legally possess under state law from one mature and/or two immature plants to two mature and/or seven immature plants. WASHINGTON: Wash. Rev. Code §§ 69.51A – 69.51A.901 (2007). Patients (or their primary caregivers) 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 may legally possess or cultivate no more than a 60-day supply of marijuana. Senate Bill 6032 amended the code to allow patients to cultivate up to 15 cannabis plants and/or possess up to 24 ounces of usable marijuana. |
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