Appendix A State Medical Marijuana Laws

States with Effective Medical Marijuana Laws (Removal of Criminal Penalties)

State

Medical Marijuana Law Approved

Took Effect

Bill/Initiative #

Session Law

Citation for Medical Marijuana Law

Marijuana Schedule

Citation for Schedules

Current Law:

Amendment 20 removes state-level criminal penalties for medical marijuana use, possession, and cultivation.

History:

A therapeutic research program — which was never operational — for cancer and glaucoma (§ 25-5-901 to -907) was enacted and took effect on June 21,1979 (H.B. 1042, Ch. 265). The program was administered by the Chancellor for Health Affairs at the University of Colorado Medical Center. The Pharmacy and Therapeutics Committee (PTC) of the medical board of Colorado General Hospital was charged with reviewing applicants and their practitioners and certifying their participation in the program. Additionally, the PTC could include other disease groups after reviewing pertinent data presented by a "practitioner," who was authorized to prescribe and administer drugs, and the chancellor would apply to receive marijuana from the National Institute on Drug Abuse (NIDA). If unable to obtain marijuana from NIDA, the chancellor would investigate the feasibility of using marijuana acquired from other sources, including seized marijuana that had been tested for impurities; $15,000 was appropriated for the program. In 1981, the program was amended by H.B. 1224 (Ch. 322), which stipulated that other disease groups could be included after pertinent data was presented by a "clinical researcher" who was licensed to experiment with, study, or test any dangerous drug within the state and who had an IND (Investigational New Drug) number issued by the FDA. The amendment also provided that the chancellor would apply to receive marijuana from the "federal government" rather than NIDA. The law was repealed by H.B. 95-1020 in 1995 (Ch. 71).

HI

June 14,2000

June 14,2000

S.B. 862

Act 228, SLH 2000

§ 329-121

I

§ 329-14

Current Law:

S.B. 862 removes state-level criminal penalties for medical marijuana use, possession, and cultivation. This is the first law of this nature to be enacted by a state legislature, rather than by a ballot initiative. (Other state legislatures have enacted medical marijuana research laws and symbolic laws relating to marijuana scheduling or prescriptive access.) This is Hawaii's first medical marijuana law of any kind.

ME

Nov. 2,1999

Dec. 22,1999

Referendum Election Ballot Question 2

(Modified by L.D. 611, effective April 1,2002)

Laws of Maine 1999, Initiated Bill Ch. 1

L.D. 611 — Laws of Maine 2001, Chapter 580

22 MRSA§ 2383-B

Z

17-A MRSA § 1102

State

Medical Marijuana Law Approved

Took Effect

Bill/Initiative #

Session Law

Citation for Medical Marijuana Law

Marijuana Schedule

Citation for Schedules

Current Law: Question 2 removes state-level criminal penalties for medical marijuana use, possession, and cultivation. L.D. 611, effective April 1,2002, clarified protections for patients and caregivers and increased the amount of usable marijuana a patient may possess.

History: A therapeutic research program — which was never operational — for glaucoma and cancer chemotherapy (22 § 2401-2410) was enacted on Sept. 14,1979 (H.B. 665, Ch.

457). The program expired in 1981, but an almost identical law reinstated the program on Sept. 23,1983 (H.B. 1025, Ch. 423,22 § 2411-2420). That law, which expired on Dec. 31,1987, had authorized a research program within the Department of Human Services to use federal marijuana or, if necessary, marijuana confiscated by state law-enforcement agencies; a Participation Review Board would approve physicians.

Controlled substances are in Schedules W, X, Y, and Z, which determine the severity of penalties for possession, manufacture, and distribution of these substances. The schedules make no statement as to the medical value of the controlled substances.

Nov. 2,2004

Nov. 2,2004

Ballot Initiative

MCA Title 50,Chapter 46; MCA Title 37, Chapter 1, Section 136 and Title 45, Chapter 9, Sections 101 to noChapter 46; MCA Title 37, Chapter 1, Section 136 and Title 45, Chapter 9, Sections 101 to 110

Current Law: Initiative 148 removes state-level criminal penalties for medical marijuana use, possession, and cultivation.

History: Montana's symbolic law— §50-32-222(7) — was enacted on March 26,1979. It would automatically reschedule THC and marijuana to Schedule II if the federal government authorizes the prescription or administration of these substances.

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