TABLE 2 Tally of State Medical Marijuana Laws

TABLE 2: Tally of State Medical Marijuana Laws

State

Effective

Workable

Therapeutic Research Program

Symbolic

Non-Binding Resolution

Previously had

Currently has

Previously had

Currently has

Previously had

Currently has

Previously had

Currently has

Alabama

z

Alaska

z

z

Arizona

z

z

Arkansas

z

California

z

z

z

Colorado

z

z

Connecticut

z

Delaware

District of Columbia

z

Florida

z

Georgia

z

Hawaii

z

Idaho

Illinois

z

Indiana

Iowa

z

z

Kansas

Kentucky

Louisiana

z

z

Maine

z

z

Maryland

z

Massachusetts

z

Michigan

z

z

Minnesota

z

Mississippi

Missouri

z

Montana

z

Nebraska

Nevada

z

z

New Hampshire

z

z

New Jersey

z

PQ W

TABLE 2: Tally of State Medical Marijuana Laws

State

Effective

Workable

Therapeutic Research Program

Symbolic

Non-Binding Resolution

Previously had

Currently has

Previously had

Currently has

Previously had

Currently has

Previously had

Currently has

New Mexico

z

z

New York

z

North Carolina

z

North Dakota

Ohio

z

z

Oklahoma

Oregon

z

z

Pennsylvania

Rhode Island

z

z

z

South Carolina

z

South Dakota

Tennessee

z

z

Texas

z

Utah

Vermont

z

Virginia

z

Washington

z

z

z

West Virginia

z

Wisconsin

z

Wyoming

Totals

0

11

1

1

13

13

2

8 plus D.C.

7

Grand Totals

11

2

26

10 plus D.C.

7

Thirty-six states have had favorable medical marijuana laws at one point or another. Thirteen of those 36 states have had more than one type of medical marijuana law. California, for example, currently has both an effective law and a research law, while Arizona previously had a research law and currently has a symbolic law.

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

AK

Nov. 3,1998

(modified by S.B. 94, effective June 2,1999)

S.B. 94 — Chapter 37, SLA 1999

§ 17-37

VIA

§ 11.71.160

Current Law: History:

Ballot Measure 8 removes state-level criminal penalties for medical marijuana use, possession, and cultivation. However, S.B. 94, which took effect June 2,1999, made the state's medical marijuana registry program mandatory and removed the affirmative defense for patients (or their caregivers) who possess more marijuana than is permitted by the law.

A therapeutic research program — which was never operational — for cancer chemotherapy and radiology and glaucoma (statute § 17.35) was enacted in 1982 (session law § 5 Ch. 45). The law was repealed by Ch. 146 (1986). Details of the program included administration by the Board of Pharmacy and patient certification by a Patient Qualification Review Committee; the Board of Pharmacy was also permitted to include other disease groups if a physician presented pertinent medical data.

As a Schedule VIA drug, marijuana has the "lowest degree of danger or probable danger to a person or the public."

CA

Nov. 5,1996

Nov. 6,1996

Ballot Initiative, Proposition 215

(added to by S.B. 420, effective January 1,2004)

S.B. 420 — Chapter 875, Statutes of 2003

Cal. Health & Safety Code § 11362.5, et seq.

I

Cal. Health & Safety Code § 11054

CO

Nov. 7,2000

June30,2001

Ballot Initiative, Amendment 20

N/A

Constitutional Amendment 20

N/A

§ 18-18-203

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