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Summarized State Laws

Alaska: Measure 8 protects patients diagnosed with 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 subject to approval by the Department of Health and Social Services. Patients (or caregivers) may possess no more than one ounce of usable cannabis and cultivate no more than six plants, no more than three mature. Senate Bill 94 mandates that all patients must enroll the confidential state-run registry and possess a valid ID card or they cannot argue "affirmative defense of medical necessity."

Arizona: Prop. 200 attempted to allow doctors to "prescribe" schedule I controlled drugs. However, federal law forbids physicians from "prescribing" cannabis, so this statute offers no legal benefits whatsoever. Colorado: Amendment 20 protects patients with 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 may be approved by the Board of Health. Patients (or caregivers) may have no more than two ounces of cannabis and cultivate no more than six plants. A confidential state-run registry issues ID cards to patients. Patients must possess documentation prior to arrest. Patients who do not join the registry or who possess greater amounts may argue "affirmative defense of medical necessity." Hawaii: Senate Bill 862 protects patients having a statement from their physician affirming a debilitating condition and that "potential benefits of medical use of marijuana would likely outweigh the health risks." It covers 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 approved by the Dept of Health. Patients (or caregivers) may possess no more than one ounce of usable cannabis, and cultivate no more than seven plants, no more than three mature. A mandatory, confidential state-run registry issues ID cards. Maine: Question 2 protects patients with an oral or written "professional opinion" from their physician authorizing cannabis for 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 caregivers) may possess no more than two and one-half ounces of usable cannabis (Senate Bill 611), and cultivate no more than six plants, no more than three mature. Patients with greater amounts have a "simple defense" to a possession charge. No state-run patient registry. Maryland: The affirmative defense law requires the court to consider a defendant's medical use of cannabis as a factor in marijuana prosecutions. If the patient successfully makes the medical necessity case at trial, the maximum penalty would be a $100 fine. Montana: Initiative 148 protects patients with their physician's written authorization for 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 primary caregivers) may possess no more than six plants. Aconfiden-tial state-run patient registry issues ID cards.

Nevada: Question 9 protects patients with their physician's written authorization for 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 may be approved by the Dept of Human Resources. Patients (or caregivers) may possess no more than one ounce of usable marijuana, and cultivate no more than seven marijuana plants, no more than three mature. A confidential registry issues patient ID cards. Patients who do not join the registry or who possess greater amounts than allowed may argue "affirmative defense of medical necessity"

New Mexico has one of the most regulated state medical marijuana laws passed in the US to date. Only 7 debilitating medical conditions are Page 20 • Cannabis Yields and Dosage listed in the law: HIV/AIDS, cancer, epilepsy, glaucoma, multiple sclerosis, spinal cord injury with intractable spasticity, admittance into hospice care. A patient who does not have one of these conditions is not currently eligible for the Medical Cannabis Program in NM. For information visit www.nmhealth.org/marijuana.html

Oregon: Marijuana is legal to use, possess, cultivate, and deliver for patients who have a doctor's prescription and are registered under the auspices of the Oregon Medical Marijuana Program, a confidential staterun registry that issues patient ID cards. Measure 67 protects patients with 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 have been added by the Dept of Human Resources. House Bill 3052 limits patients (or caregivers) to cultivate in only one location, requires patients be diagnosed by their physician at least 12 months prior to arrest for the "affirmative defense" and states that law enforcement does not have to keep seized plants alive. In 2001, administrators added temporary procedures defining the attending physician protocols. Caregivers or patients may possess up to 24 ounces of usable marijuana and up to 6 mature and 18 immature plants at any time. There is no longer an affirmative defense for larger quantities. The citizen advisory committee on medical marijuana created by SB 1085 has now been seated. Rhode Island: The General Assembly directed the Department of Health to create a medical marijuana program (MMP), Public Laws 05442 and 05-443. To see the law visit www.rilin.state.ri.us/PublicLaws/ law05/law05443.htm. The MMP permits people with debilitating medical conditions to use marijuana if a physician certifies in writing that cannabis may mitigate symptoms and that the potential medical benefits would likely outweigh any health risks to the patients. Registered patients and caregivers may, under certain circumstances, possess a limited amount of marijuana without violating state law. To access the proposed Rules and Regulations for registration please visit www2.sec.state.ri.us/rules/ released/pdf/DOH/DOH_3902.pdf

Vermont: Senate Bill 76 protects patients diagnosed with a "debilitating medical condition" including HIV or AIDS, cancer and Multiple Sclerosis. Patients (or caregivers) may possess no more than two ounces of usable cannabis, and cultivate no more than three plants, only one mature. A mandatory, confidential registry issues ID cards. Washington: Measure 692 protects patients with authorization from their physician for cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; multiple sclerosis; and intractable pain (i.e., pain unrelieved by standard treatment or medications). The Board of Health may approve other conditions. Patients or caregivers may legally possess or cultivate up to a 60-day supply of marijuana. No state-run patient registry. The Medical Quality Assurance Commission added Crohn's disease, Hepatitis C, and "any disease, including anorexia, which results in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, and/or spasticity, when these symptoms are unrelieved by standard treatments."

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