HIGHER GROUND HEMP NETWORK
State by State Laws

State Laws
Alabama

HB 434 is currently under review by the House Judiciary Committee. This bill would authorize the medical use of marijuana for certain qualifying patients who have been diagnosed by a physician as having a debilitating medical condition. Alabama has an Illegal Drug Stamp Tax law in effect.

Alaska

Ballot Measure 8 was approved in November of 1998. This law removes state level criminal penalties for the possession and use of marijuana by patients who possess written documentation from their physician advising that they might benefit from the medical use of marijuana.

The Alaska Bureau of Vital Statistics is responsible for managing the patient registry mandated by Measure 8. As of May 2009, no statistics regarding patient enrollment were available on the Bureau’s website.

Arizona

Ballot Proposition 200 was approved by voters in November of 1996. This law permits doctors to prescribe Schedule I controlled substances, including marijuana, to treat a disease or to relieve pain and suffering in seriously ill and terminally ill patients. However, under federal law physicians are prohibited from writing prescriptions for illegal drugs and this difference in terminology is the reason Prop 200 is not considered to make medical marijuana legal in Arizona.



Arkansas

This state has an active hemp industry.

California

Proposition 215 was approved in 1996, making California the first state to legalize marijuana for medical use. Senate Bill 420 signed into law in 2004, grants implied legal protection to the state’s medicinal marijuana dispensaries. According the California Medical Marijuana program website, as of May 2009 over 30,000 identification cards had been issued in 48 of 58 counties.

Colorado

In November of 2000, voters of the state of Colorado passed Amendment 20 to the state’s constitution which effectively legalized medicinal marijuana. According to the Colorado Department of Public Health and Environment there are currently 5,920 patients possessing valid Registry ID cards. This represents patients in 62 of 64 counties.

Connecticut

HB 6156 is currently under review by the Joint Committee on Judiciary. This act would authorize the medical use of marijuana.

Connecticut has an Illegal Drug Stamp Tax law in effect.

Delaware

On May 13, 2009 Senate Bill # 94 was introduced to the Delaware State Legislature. This act would amend Title 16 of the Delaware Code creating the Delaware Medical Marijuana Act. This bill would create an exception to the state’s criminal laws to permit doctor-advised medical use of marijuana by patients with serious medical conditions. Senate Bill #94 is currently under review by the Senate Health and Social Services Committee.

District of Columbia

D.C. currently has a symbolic law in place that recognizes the medicinal value of marijuana but provides no legal protection to patients.

Florida

There are currently no relevant laws or statistics in the state of Florida.

Georgia

Georgia has an Illegal Drug Stamp Tax law in effect.

Hawaii

In June of 2000, Hawaii passed SB 862 HD1, which legalized marijuana for medical use in Hawaii. This bill removes state-level criminal penalties for qualified patients who possess a signed statement from their physician. As of the last available annual report (2007), the Hawaii Department of Public Safety reported 3,240 registered medical marijuana patients.

Hawaii has an active hemp industry.

Idaho

Idaho has an Illegal Drug Stamp Tax law in effect.

Illinois

HB 2514 and SB 1381 are currently under review in the Illinois General Assembly. Also known as the Compassionate Use of Medical Cannabis Pilot Program Act, these would remove state level criminal penalties for the use of medical marijuana by persons diagnosed by a physician as having a debilitating medical condition.

Illinois has an active hemp industry.

Indiana

There are currently no relevant laws or statistics in the state of Indiana.

Iowa

In March of 2009 Sen. John Bolkcom introduced SF293 to the Iowa State Legislature. This bill would protect medical marijuana patients from criminal sanctions and create non-profit compassion centers to distribute medical marijuana to qualified patients. SF293 is currently being reviewed by the Senate Human Resources Subcommittee.

Kansas

Kansas has an Illegal Drug Stamp Tax law in effect.

Kentucky

Kentucky has an active hemp industry.

Kentucky has an Illegal Drug Stamp Tax law in effect.

Louisiana

In July 1991 the Louisiana State Legislature enacted HB 1187 which allowed doctors to prescribe marijuana to victims of paralysis. This bill enacted an earlier 1978 bill that made suffers of glaucoma and cancer to receive doctor prescriptions for medicinal marijuana. This legislation also established the now-defunct Marijuana Prescription Review Board. Federal Law prohibits doctors from prescribing Schedule I substances, so this bill is void.

Louisiana has an Illegal Drug Stamp Tax law in effect.

Maine

In 1998 the state of Maine approved Ballot Question 2, also knows as the Maine Medical Marijuana Act of 1998, removing state level criminal penalties for patients possessing a written recommendation from a doctor. In Maine, no registry information has been established and no statistical data regarding the medical marijuana program is available on the Maine Department of Health website.

Maryland

In 2003 Senate Bill 502, known as the Darrell Putnam Compassionate Use Act was signed in law. This bill protects seriously ill patients from being sentenced to prison for possessing marijuana if they can prove a medical necessity for using it.

Massachusetts

Massachusetts has an Illegal Drug Stamp Tax law in effect.

Michigan

Proposal I, also known as the Michigan Medical Marijuana Act, was approved in November of 2008. 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.

Minnesota

Bills to provide for the medical use of marijuana in the treatment of qualified patients are under review in both chambers of the Minnesota State Legislature. HF 292 is under review in the House Finance Committee, and SF 0097 is under review in the Senate Finance Committee.

Minnesota has an Illegal Drug Stamp Tax in effect.

Minnesota has an active hemp industry.

Mississippi

There are currently no relevant laws or statistics in the state of Mississippi.

Missouri

HB 277 was introduced in 2009. This bill would change the laws regarding the classification of marijuana as a controlled substance and allow the use of marijuana for medicinal purposes under certain conditions. This bill is awaiting action in the Missouri General Assembly.

Montana

Initiative 148, approved in November 2004, removes state level criminal penalties regarding the use of medical marijuana by patients possessing a written doctor’s recommendation.

Montana has an active hemp industry.

Nebraska

Nebraska has an Illegal Drug Stamp Tax act in effect.

Nevada

In November of 2007 Nevada voters approved Question 9, removing state level criminal penalties for the use of medical marijuana by qualified patients who possess a written doctor’s recommendation.

New Hampshire

HB 648 was passed by both chambers of the New Hampshire State Legislature in April of 2009. The bill allows the medical use of marijuana and sets up a commission to study whether the state should create a system for distributing medicinal marijuana, and the issues that state involvement would raise. HB 648 is still under review.

New Jersey

S119, also known as the New Jersey Compassionate Use Medical Marijuana Act, is currently under review by the Assembly Health and Senior Services Committee. This bill would allow for the use of medical marijuana by qualified patients and establish a mandatory state registry.

New Mexico

Senate Bill 523, also known as the Lynn and Erin Compassionate Use Act, was signed into law in April of 2007. This bill removes state-level criminal penalties on the use and possession of marijuana by qualified patients. SB 523 also addresses the creation of state-licensed cannabis production facilities, the development of a confidential patient registry and a state-authorized marijuana distribution system.

New Mexico has an active hemp industry.

New York

Assembly Bill AO 7542 and Senate Bill SO 4041A are currently under review in the New York State Legislature. These bills would remove state-level criminal penalties on the use and possession of marijuana by qualified patients with a doctor’s recommendation. AO7542 is under review by the Committee on Codes and SO 4041A is under review by the Committee on Health

North Carolina

Hemp industry, stamp tax House bill 1379, also known as the North Carolina Medical Marijuana Act, is currently under review by the state legislature. This bill would remove state level criminal penalties for the use of medical marijuana by qualified patients. H1379 has been referred to the Committee on Health.

North Carolina has an active hemp industry.

North Carolina has an Illegal Drug Stamp Tax law in effect.

North Dakota

North Dakota has an active hemp industry.

Ohio

There are currently no relevant laws or statistics in the state of Ohio.

Oklahoma

Oklahoma has an Illegal Drug Stamp Tax act in effect.

Oregon

Ballot Measure 67 was approved in November of 1998. This bill removes state-level criminal penalties on the use, possession, and cultivation of marijuana by patients who possess a signed recommendation from their physician.

According to the Oregon Medical Marijuana Program, as of April 1, 2009 there were 20,974 patients currently holding cards, 10,626 registered caregivers and 2,906 Oregon-licensed physicians who have signed applications.

Pennsylvania

House Bill 1393 was introduced in April of 2009 to the Pennsylvania State Legislature. Also known as the Barry Busch Compassionate Use Medical Marijuana Act of 2009, this bill would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The measure also seeks to allow for the state-licensed distribution and sale of medical marijuana by authorized compassion senators. HB 1393 is currently under review by the Committee for Health and Human Services.



Rhode Island

Senate Bill 0710, also known as the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, took effect in January 2006. This law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a written certification from their physician.

Rhode Island has an Illegal Drug Stamp Tax law in effect.

South Carolina

South Carolina has an Illegal Drug Stamp Tax law in effect.

South Dakota

There are currently no relevant laws or statistics in the state of South Dakota.

Tennessee

House Bill HB 0468 and Senate Bill SB 0209 have been introduced in the Tennessee State Legislature to establish the Tennessee Medical Marijuana Act. This bill would allow the use of medical marijuana by patients with certain debilitating or terminal illnesses. HB 0468 and SB 0209 are currently under committee review.

Tennessee has an Illegal Drug Stamp Tax law in effect.

Texas

HB 164, a bill offering medical marijuana patients who have their doctor’s recommendation an affirmative defense in court is under review by the Public Health Committee.

Texas has an Illegal Drug Stamp Tax law in effect

Utah

Utah has an Illegal Drug Stamp Tax law in effect.

Vermont

Senate Bill 76 and House Bill 645 became law in July 2004. This legislation removes state-level criminal penalties for the use of marijuana to alleviate the symptoms or effects of a debilitating medical condition. This law, also known as “An Act Relating to Marijuana Use by Persons with Severe Illness,” also creates a registry of individuals who are eligible to receive this exemption.

Vermont has an active hemp industry.

Virginia

Virginia has an active hemp industry.

Washington

Measure 692 took effect in November of 1998. This law provides an affirmative defense against criminal penalties on the use, possession and cultivation of marijuana by patients with valid documentation from their physician. Washington State does not require a patient registry.

West Virginia

West Virginia has an active hemp industry.

Wisconsin

There are currently no relevant laws or statistics in the state of Wisconsin.

Wyoming

There are currently no relevant laws or statistics in the state of Wyoming.
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