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Medical Marijuana Laws by State
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Some physicians recommend medical marijuana for certain illnesses and chronic conditions. When they do, patients are exempt from criminal prosecution in states that have passed medical marijuana laws.
Medical marijuana laws vary drastically. This includes the regulation of dispensaries. Some states only allow terminally ill patients to use marijuana, while others are less restrictive.
A growing number of states (and the District of Columbia) have medical marijuana laws. But remember, marijuana is still illegal under federal law. FindLaw’s Criminal Law section covers how state medical marijuana laws interact with federal law.
Important State Laws on Medical Marijuana
The following state-specific guide can help you understand current medical marijuana laws. States marked with an asterisk (*) have also legalized recreational marijuana.
If you have questions about your specific situation, consult with your doctor or a local attorney experienced in cannabis law.
Note: At least 18 states (including Texas, Missouri, and Georgia) have fully legalized CBD oil. CBD oil is a cannabis product with only negligible small amounts of THC. (THC produces the "high" associated with marijuana.) CBD products are not addressed in the table below.
| State Law | Qualifying Illnesses | What’s Allowed |
Alabama |
Patients must show registry ID cards. Dispensaries are allowed for specific conditions but not for patients of other states. Alabama SB46 – now Act 2021-450 |
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Alaska* | Ballot Measure #8 was passed in 1998 and enacted in 1999. Patients with written medical approval may use, possess, and cultivate marijuana for personal use. After securing a physician’s recommendation, patients must apply for a Registry Identification Card for Medical Use of Marijuana in order to be considered compliant. Alaska Stat. 17.37.10, et seq. |
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Arizona* | Proposition 207 passed in 2010, allowing the use and possession of marijuana for patients with "written certification" from their physician. The law recognizes "visiting qualifying patients," those with valid doctor’s recommendations from other medical marijuana states. Arizona Rev. Statutes 36-2801, et seq. |
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Arkansas | Voters approved passage of the Arkansas Medical Marijuana Amendment, known on the ballot as Issue 6, on Nov. 8, 2016. The measure removes criminal sanctions against those who use medical marijuana under doctor’s orders, although cultivation centers have yet to be developed. Patients who want access to medical marijuana must apply with the state, including a written certification from a physician licensed in the state within the last thirty days. Arkansas Constitution of 1874: Amendment 98, section 1, et seq. |
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California* |
Proposition 215, passed in 1996, was the nation’s first medical marijuana law (California Bureau of Medical Cannabis). Eligible patients must present a "written or oral recommendation" from their physician. Guidelines passed in 2003 set limits for the possession and cultivation of marijuana by eligible patients and their caregivers. California Health and Safety Code: Section 11362.5, et seq. |
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Colorado* | Amendment 20 passed in 2000 and took effect the following year, exempting patients with written documentation from their physicians from criminal sanctions. While the state maintains a confidential registry and issues identification cards, patients who do not join the registry and are arrested for possession or cultivation of marijuana may argue an "affirmative defense of medical necessity." Colorado Constitution Article XVIII 14; Colorado Revised Statutes 18-18-406.3, et seq. |
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Connecticut |
Public Act 12-55 was signed into law by the governor on June 1, 2012. Patients with a qualifying "debilitating medical condition" who have obtained a written certification from a physician may possess cannabis but may not cultivate the plant. Medical marijuana patients must register with Connecticut’s Department of Consumer Protection (DCP). As of July 2023, online applicants do not pay a fee. Connecticut Gen. Statutes: Title 21A, Section 21a-408, et seq. |
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Delaware |
Delaware’s governor signed Senate Bill No. 17 into law in May 2011. It permits the medical use of marijuana with a doctor’s recommendation by those 18 and older. Qualifying patients must have written documentation from their physician, which is then sent to the state Department of Health and Social Services for the issuance of a mandatory I.D. card. The statute also recognizes qualifying patients from other states. Qualifying patients who do not have an I.D. card may raise an affirmative defense motion to dismiss marijuana possession charges. Delaware Code: Title 16, Section 4901A, et seq. |
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District of Columbia* |
Ballot Initiative 59 was passed by a wide margin of voters in 1998 (69%) but was blocked by city lawmakers citing a congressional ban. The ban was lifted in 2010, followed by the passage of legislation authorizing the establishment of medical marijuana dispensaries. Patients may register online. Residents 21 years old or older can self-certify their needs, but residents 18-20 years old need a physician’s recommendation. D.C. Code Ann. 7-1671.01, et seq. Medical Cannabis Amendment Act was passed in 2023. |
Any debilitating condition as recommended by a DC-licensed doctor or as self-certified by a patient. |
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Florida | Florida voters approved the Florida Medical Marijuana Legalization Initiative (on the ballot as Amendment 2) on Nov. 8, 2016, with a 71 percent "yes" vote. The amendment to Florida’s Constitution allows patients with a doctor’s recommendation to use marijuana to alleviate symptoms of certain illnesses and medical conditions. Florida Statutes: Title XXIX, Section 381.986, et seq. As of 2023, doctors must examine the patient in person before a medical cannabis license will be issued. |
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Hawaii | Senate Bill 862 was signed into law in 2000 and took effect later that year. Eligible patients must obtain a signed physician’s statement that medical marijuana would help their "debilitating condition" and that the "potential benefits… would likely outweigh the health risks" of medical marijuana. The state-run patient registry is mandatory for eligible patients. Hawaii Revised Statutes: Section 329-121, et seq. |
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Illinois |
Illinois Governor Pat Quinn signed House Bill 1 into law on Aug. 1, 2013. The Compassionate Use of Medical Cannabis Pilot Program Act instituted a 4-year pilot program for the supply and use of medical marijuana by eligible patients. It is now a permanent program. The Opioid Alternative Pilot Program began in 2018. It allows individuals who have or could receive a prescription for opioids access to medical marijuana. Patients with a doctor’s recommendation must register with the state to participate in the programs. Illinois Statutes: Chapter 410, Section 130/1, et seq. |
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Louisiana |
Louisiana law allowed physicians licensed in the state to recommend the use of medical marijuana for certain seriously ill patients for decades. It wasn’t until 2017 that legislation was signed into law to establish a legal framework for medical cannabis. The new law provides protection for patients, caregivers, and physicians, in addition to licensing protocols and other regulatory controls. Louisiana Revised Statutes: Title 40, Section 1046, et seq. |
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Maine* |
Question 2 was passed by voters in 1999 and took effect later that year, allowing patients to possess and cultivate medical marijuana with an oral or written "professional opinion" from their physician. Patients arrested for having more than the allowed amount of marijuana may use a "simple defense" against the charges. Amendments established a confidential registry and identification program (required for eligible patients). Maine allows qualifying medical marijuana patients with valid medical marijuana identification to purchase medical marijuana when visiting the state. Maine Revised Statutes: Title 22, Section 2421, et seq. |
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Maryland | Maryland lawmakers passed legislation in 2013 legalizing the medical use of marijuana by eligible patients. The state allows physicians, nurse practitioners, dentists, podiatrists, and nurse midwives to recommend it to their patients. The program became operational on Dec. 1, 2017. Patients must register with the Maryland Medical Cannabis Commission in order to access their medicine. Code of Maryland Regulations: Chapter 10, Section 62.01, et seq. |
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Massachusetts* |
Question 3 (An Act for the Humanitarian Medical Use of Marijuana) passed with the support of 63 percent of voters in 2012. This legalized the use of marijuana for medicinal purposes and took effect on January 1, 2013. The law mandates a state-run patient registry and allows up to 35 state-licensed (and nonprofit) medical marijuana dispensaries. Code of Massachusetts Regulations: 935 CMR 501.00, et seq. |
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Michigan* |
Voters approved Proposal 1 in 2008. Upon implementation, it allowed possession and cultivation of marijuana by patients who obtained written documentation from their physician. Recreational marijuana was legalized through a ballot initiative on Nov. 6, 2018. The state operates a confidential patient registry and issues identification cards. Michigan allows visiting qualifying medical marijuana patients with valid medical marijuana identification to medicate within the state. Michigan Compiled Laws: Chapter 333, Section 26421, et seq. |
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Minnesota* |
The Minnesota legislature passed a bill that was signed into law in 2014 authorizing the medical use of cannabis by eligible patients. The Minnesota Department of Health has a 3-step process for patients to register, including an online registration. Minnesota Statutes: Chapter 152, Section 22, et seq. |
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Mississippi | Initiative 65 was proposed in 2020. The Mississippi Supreme Court overturned the amendment on May 14, 2021. In January 2022, the Mississippi Medical Cannabis Act (SB 2095) was passed and signed into law one month later. Mississippi Code Annotated § 41-137-39, et seq. |
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Missouri* |
Missouri voters approved Amendment 2 on Nov. 6, 2018, changing the state constitution to allow for the medical use of marijuana by eligible patients with a physician’s approval. The law went into effect on Dec. 6, 2018. Only Missouri-licensed medical doctors, doctors of osteopathic medicine, or nurse practitioners can qualify patients. |
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Montana* |
Initiative 148 took effect in 2004 as the Montana Marijuana Act. It was later amended in 2011 (SB 423) and 2016 (I-182). It is now known as the Montana Medical Marijuana Act. Patients must submit written medical certification by a licensed physician, pay an application fee, and fill out an application form in order to become registered with the state. They then get a valid medical marijuana identification card. Current patients must renew their application each year. Minor applications need two physicians to approve their request unless the minor’s treating physician or referral physician is an oncologist, neurologist, or epileptologist. Montana allows visiting qualifying medical marijuana patients with valid medical marijuana identification to medicate in the state. Montana Code Annotated: Title 50, Section 46-301, et seq. Adult-use marijuana is legal in some Montana counties after I-190 was passed in 2022. |
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Nevada* |
Question 9 was approved by voters in 2000 and took effect the following year. Patients with "written documentation" from their physician may qualify and are encouraged to register (confidentially) with the state, which issues identification cards. Title 56 Nevada Revised Statutes 678A‐678C and Nevada Administrative Code 453A. |
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New Hampshire |
House Bill 573, legalizing medical use of marijuana, was signed into law on July 23, 2013. Patients must obtain a recommendation from a physician they’ve had a medical relationship with for more than three months. Visit the Therapeutic Cannabis Program site to learn more. Out-of-state and Canadian patients with valid documentation can be served at state dispensaries. New Hampshire Revised Statutes: Title X, Chapter 126-X, et seq. |
Stand-alone medical conditions:
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New Jersey* |
Senate Bill 119 was signed into law in 2010, legalizing medical marijuana in New Jersey through the New Jersey Compassionate Use Medical Marijuana Act (CUMMA). Eligible patients with a physician’s recommendation must submit an application to the state, which issues identification cards. Rules for New Jersey’s medical marijuana program were posted in early 2011. The New Jersey Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act legalized recreational cannabis in 2021. New Jersey Statutes: Title 24, Section 6I-1, et seq. |
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New Mexico* |
Senate Bill 523, called the "Lynn and Erin Compassionate Use Act," was signed into law in 2007 and took effect later that year. New Mexico maintains a confidential state registry and issues identification cards to qualified patients. Patients who are under the age of 18 may qualify for the medical marijuana program with written consent from a parent or guardian, in addition to a physician’s recommendation (doctor of medicine, doctor of osteopathy, and nurse practitioner only). As of April 2023, only electronic applications are accepted. New Mexico Statutes: Chapter 26, Section 2B-1, et seq. Current New Mexico Medical Marijuana Rules and Regulations after a 2022 amendment. |
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New York* |
Governor Andrew Cuomo and the legislature enacted the Compassionate Care Act in 2014. This legalized the medical use of prepared cannabis products by eligible patients. Only New York licensed physicians, nurse practitioners, physician assistants, dentists, podiatrists, and midwives who complete a two-hour course can issue certifications for patients to access medical marijuana. New York medical marijuana law requires patients (and caregivers, if applicable) to register with the state in order to access medicine. The state legalized adult-use cannabis in 2021 with the Marihuana Regulation & Taxation Act (MRTA). New York Consolidated Laws: PBH Section 3360, et seq. |
Any condition deemed clinically appropriate by a certifying health care provider. |
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North Dakota |
The North Dakota Compassionate Care Act, or Statutory Measure 5 on the ballot, was approved by voters by a wide margin (64 percent) on Nov. 8, 2016. The law requires eligible patients with a doctor’s recommendation (terminally ill hospice patients can self-certify) to apply for a state I.D. card in order to lawfully obtain their medicine. Must be 19 years old or have guardian permission. North Dakota does not recognize other states’ medical marijuana cards. North Dakota Century Code: Title 19, Section 24.1-01, et seq. Changes to the law in 2023 can be found here. |
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Ohio* | Ohio Governor John Kasich signed HB 523 into law in June 2016. This allows for the medicinal use of marijuana by those who have an Ohio doctor’s recommendation. Recommendations must be renewed yearly. Ohio Revised Code: Title XXXVII, Section 3796.01, et seq. |
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Oklahoma |
HB 2154 was approved in 2015, and SQ 788 was approved on June 26, 2018. Patients apply for a medical marijuana card. must show their patient ID cards at a dispensary. Legislative updates can be found here. | Patients under 18 years old who have:
All conditions subject to physician approval for 21 years and older:
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Oregon* |
Measure 67 was passed by voters in 1998, taking effect later that same year. Eligible patients must obtain a signed recommendation from their physician saying medical marijuana "may mitigate" a given medical condition. The physician must be licensed in the state as a medical doctor, doctor of osteopathy, physician assistant, nurse practitioner, clinical nurse, certified registered nurse anesthetist, or naturopathic physician. A confidential, state-run registry issues identification cards to qualifying patients. Oregon Revised Statutes: Section 475B.400. |
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Pennsylvania | SB 3 was signed into law in April 2016. The state recognizes patients from other states. Pennslyvania requires an approved Department of Health practitioner to recommend a patient’s need for medical marijuana.35 P.S. §§ 10231.101 -10231.2110 |
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Rhode Island |
House Bill 6052 took effect immediately after its passage in 2006. Patients who possess a written certification form their physician recommending the use of medical marijuana are required to sign up with the state’s confidential registry, which issues identification cards. Rhode Island allows visiting qualifying medical marijuana patients with valid medical marijuana identification to medicate within the state. Rhode Island General Laws: Title 21, Chapter 28.6-1, et seq. |
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South Dakota |
Measure 26 approved medical marijuana in 2020. Patients who have a chronic or debilitating disease determined by healthcare practitioners qualify for registration. The patient must be seen in-person by the practitioner. SDCL 34-20G, et seq.; Administrative Rule 44:90 |
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Utah |
Utah voters passed Proposition 2 on Nov. 6, 2018, which allows eligible patients with a physician’s recommendation (and a state-issued ID card) to purchase cannabis from state-licensed medical pharmacies. Patients aren’t allowed to smoke cannabis under the law (which leaves vaporizing, ingestion, etc.). It also prohibits candies, cookies, brownies, and other edible products. Out-of-state medical marijuana patients must get a 21-day nonresident card in order to purchase. Limit to two a year. Utah Code Chapter 26-61A; administrative codes and legislative summaries. |
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Vermont* |
Senate Bill 76 became law in the absence of the governor’s signature in 2004 and took effect later that year. Eligible physicians must sign up with Vermont’s mandatory, confidential registry, which also issues identification cards. Physicians, osteopathic physicians, naturopathic physicians, PAs (physician assistants), and nurse practitioners can recommend medical marijuana as a treatment. Vermont, New Hampshire, Massachusetts, or New York medical professionals can recommend it. Vermont Statutes: Title 18, Section 4471, et seq. |
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Virginia* |
16th state to legalize medical marijuana. Medical marijuana was legalized in 2017. Must be 21 years old and a Virginia resident. Code of Virginia §18.2-251.1; §4.1-1100 through 4.1-1112. Dispensing to patients § 54.1-3442.7 | Any state-licensed medical professional can recommend medical marijuana for a patient with a debilitating medical condition. |
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Washington* |
Measure 692 (Medical Use of Marijuana Act) was approved by voters in 1998. The Cannabis Patient Protection Act (SB 5052) went into effect in 2016. Patients at least 21 years old (or under 21 with an agent) who obtain "valid documentation" from their physician, osteopath, naturopath, physician’s assistant, or advanced registered nurse practitioner are eligible to use medical marijuana. Washington Revised Code: Title 69, Section 51A.005, et seq. |
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West Virginia* |
Governor Jim Justice signed the West Virginia Medical Cannabis Act into law on April 19, 2017. It allows patients with serious medical conditions to use medical marijuana. Qualifying patients with a written certification from their physician may register with the state to legally use medical marijuana. Must use a provider on the registered physician list. These physicians must complete a four hour course educational course and register with the Office of Medical Cannabis. West Virginia §16A-3-2, et seq. |
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Questions About Medical Marijuana Laws Where You Live? An Attorney Can Help
Many states relaxed their laws to allow for the medical use of marijuana, but where they draw the line isn’t always clear. If you have questions about the marijuana laws where you live or are facing criminal drug charges, it’s critical to protect your rights with a legal professional who knows the law and how it applies to you. Get in touch with an experienced cannabis law attorney near you to learn more.
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