Which States Legalized Medical Marijuana?

Which States Legalized Medical Marijuana? thumbnail
Marijuana is used for pain management by millions of people.

Fifteen states and Washington D.C. legalized medical marijuana use between 1996 and 2010. States that have legalized use are Alaska (1998), Arizona (2010), California (1996), Colorado (2000), Hawaii (2000), Maine (1999), Michigan (2008), Montana (2004), Nevada (2000), New Jersey (2010), New Mexico (2007), Oregon (1998), Rhode Island (2006), Vermont (2004) and Washington (1998); Washington D.C. legalized use in 2010. States that have legalized use have different laws on how much usable marijuana a prescription holder can possess or grow.

  1. California

    • California was the first state to legalize the use, possession and cultivation of medical marijuana. The state law became effective November 6, 1996. California amended the law (effective Jan. 1, 2004) with Senate Bill 420, which imposed guidelines concerning how many plants may be grown and how much usable marijuana may be possessed. S.B. 420 allowed counties and municipalities control over local ordinances. It also permitted the organization of cooperatives to dispense marijuana to its eligible members. The California Supreme Court ruled on January 21, 2010, that S.B. 420 violated the Constitution and that Proposition 215, which legalized medical marijuana, can only be amended by voters. The legal amount is now whatever is needed by the patient.

    Oregon and Washington

    • The next states to allow the use of medical marijuana were Oregon and Washington, which became effective in 1998. They both allow the possession of 24 oz., which is more dried, usable medical marijuana than allowed by any other state (with the possible exception of California) at the time of publication. These states also allow possession of plants by cardholders and their caregivers. Only New Jersey and Washington D.C. disallow the possession of plants, though D.C. allows plants in some situations. Alaska's legalization was voter-approved in 1998 but didn't become effective until 1999.

    Medical Conditions

    • Medical conditions that permit a patient with a doctor's approval to use marijuana differ from state to state, but they all include diseases such as cancer, glaucoma and HIV/AIDS. Generally, any disease that produces severe pain or spasms in a patient would be approved by the states' laws. California approved use for premenstrual symptoms in 1996, and in other states there is an allowance for more symptoms or diseases to be added to the list through the approval of the state's department of health.

    States with Pending Legislation

    • Although several states have introduced legislation that was shot down by voters, there were 12 states that had legislation pending at the time of publication. These include Connecticut, Delaware, Idaho, Illinois, Iowa, Kansas, Maryland, Massachusetts, New Hampshire, New York, Oklahoma and West Virginia. The voters in most of the states where medical marijuana was legalized approved the measures by percentages ranging from mid 50s to lower 60s. The lowest percentage was Arizona (50.13), and the greatest was Nevada (65).

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