Criminal Law

States with Legal Medical Marijuana

Marijuana possession and usage remain illegal under federal law. In 1996, California became the first state to legalize marijuana for medical use. Since then, 37 states and the District of Columbia have legalized medical marijuana, in addition to the U.S. territories of Guam, the U.S. Virgin Islands, Puerto Rico, and the Northern Mariana Islands.

A number of other states only allow limited access to medical CBD oil, and in those states, even medical marijuana remains illegal. These states are:

  • Georgia
  • Kansas
  • Indiana
  • Iowa
  • Kentucky
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Wisconsin
  • Wyoming

Laws have been changing a lot lately across different states, so if you are concerned about a legal issue related to marijuana, it is best to consult a marijuana criminal lawyer in your state. If you are interested in obtaining a medical marijuana card to buy or sell medical marijuana, there are also lawyers who can help you with marijuana licensing and business issues.

Medical Marijuana Reciprocity

Some states that do not allow medical marijuana have reciprocity agreements with states that do allow it. This means that you could use or even buy medical marijuana with a valid license from a different state even in a state that does not otherwise allow it. However, many states do not have reciprocity, so you cannot count on this. It is important to carefully and regularly research marijuana laws in your state and any states you may travel in. This is the best way to avoid accidentally getting arrested or cited for marijuana possession.

Medical marijuana statutes vary from state to state, including who qualifies, possession limits, and home cultivation limits. To find out more about the state marijuana laws, find your state below.

Alabama

Year approved: 2021

State statute: http://agi.alabama.gov/docs/default-source/Executive/medicalcannabisact/medical-cannabis-act-2021-450.pdf?sfvrsn=2

Possession limit: Up to 70 daily doses

Conditions qualifying for treatment:

  • Autism spectrum disorder (ASD)
  • Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain
  • Chronic pain
  • Crohn's disease
  • Depression
  • Epilepsy
  • HIV/AIDS-related nausea or weight loss
  • Panic disorder
  • Parkinson's disease
  • Persistent nausea
  • Post-traumatic stress disorder (PTSD)
  • Sickle cell anemia
  • Spasticity associated with a motor neuron disease
  • Spasticity associated with multiple sclerosis or a spinal cord injury
  • Terminal illness
  • Tourette syndrome

Click here to find a top Alabama marijuana lawyer near you.

Alaska

Year approved: 1998

State statute: http://www.legis.state.ak.us/basis/statutes.asp#17.37

Possession limit: Up to 1 oz.

Conditions qualifying for treatment:

  • Chronic pain
  • Seizures
  • Nausea
  • Multiple sclerosis
  • Cancer
  • HIV/AIDS
  • Glaucoma
  • Cachexia

A written statement is required from a physician. The use or cultivation of marijuana is not permitted in public. Alaska will not accept medical marijuana cards from other states.

Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance violations. They must be listed as either a primary or secondary caregiver.

Restrictions for growing marijuana: You can have no more than six total plants and no more than three mature plants.

Click here to find a top marijuana lawyer near you in Alaska.

Arizona

Year approved: 2010

State statute: https://www.azdhs.gov/licensing/medical-marijuana/index.php#faqs-home

Possession limit: Up to 2.5 oz.

Conditions qualifying for treatment:

  • Cachexia
  • Chronic pain
  • Severe nausea
  • Multiple sclerosis
  • Seizures
  • Muscle spasms
  • Glaucoma

Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance violations or violent crimes. A single caregiver can assist up to five patients with medical marijuana treatment.

To buy medical marijuana, you must acquire a registry identification card from the Arizona Department of Health Services. In order to get a card, you must have a written note from a doctor saying that you have a qualifying medical condition. You can use your out-of-state medical marijuana card to use marijuana in Arizona, but not to purchase it.

Restrictions for growing marijuana: You can have up to 12 plants.

Click here to find a qualified marijuana lawyer near you in Arizona.

Arkansas

Year approved: 2016

State statute: Amendment 98 to the Constitution of Arkansas of 1874

Possession limit: Up to 2.5 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • Positive status for HIV or AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Tourette syndrome
  • Crohn's disease
  • Ulcerative colitis
  • Post-traumatic stress disorder
  • Severe arthritis
  • Fibromyalgia
  • Alzheimer's disease
  • Cachexia or wasting syndrome
  • Peripheral neuropathy
  • Intractable pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months
  • Severe nausea
  • Seizures
  • Severe and persistent muscle spasms including those associated with multiple sclerosis

You must acquire a medical marijuana ID card from the Arkansas Department of Health. Designated caregivers must apply for a registry card to possess or to buy marijuana for a patient. If you are visiting the state and you are a qualifying patient, you may be able to get special approval to buy marijuana from a dispensary.

Restrictions for growing marijuana: You cannot grow marijuana for personal use.

Click here to find a top marijuana lawyer near you in Arkansas.

California

Year enacted: 1996

State statute: https://cannabis.ca.gov/laws-regulations/

Possession limit: Up to 8 oz; more may be allowed if specifically prescribed by your doctor.

Conditions qualifying for treatment:

  • AIDS
  • Anorexia
  • Arthritis
  • Cachexia
  • Cancer
  • Chronic pain
  • Glaucoma
  • Migraine
  • Muscle spasms
  • Multiple sclerosis
  • Seizures
  • Severe nausea
  • Your doctor may also be able to prescribe you medical marijuana for any other condition that significantly limits your ability to "conduct one or more major life activities," as laid out in the Americans with Disabilities Act (ADA).

A written or oral recommendation is required from a physician in order to get a card.

Caregivers administering medical marijuana must be over the age of 18 unless they are the parent of a qualifying minor. They must be listed as an authorized caregiver on the patient's identification card.

The use or cultivation of marijuana is not permitted in public. California does not recognize non-resident medical marijuana cards.

Restrictions for growing marijuana: You can have up to 12 total plants, and no more than six mature plants.

Click here to find a qualified California marijuana lawyer near you.

Colorado

Year enacted: 2001

Possession limit: Up to 2 oz.

State statute: https://cdphe.colorado.gov/medical-marijuana-registry-laws-policies

Conditions qualifying for treatment:

  • Cachexia
  • Severe pain
  • Severe nausea
  • Seizures
  • Muscle spasms

A written statement from your doctor is required to get a card.

Caregivers administering medical marijuana must be over the age of 18 and must not be the patient's physician. They must be listed on the state's medical marijuana registry.

The use or cultivation of marijuana is not permitted in public. Colorado does not recognize non-resident medical marijuana cards.

Restrictions for growing marijuana: You can have up to six plants.

Click here to find a top marijuana lawyer near you in Colorado.

Connecticut

Year enacted: 2012

State statute: https://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00055-R00HB-05389-PA.pdf

Possession limit: A one-month supply, as determined by the Department of Consumer Protection

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Parkinson's disease
  • Multiple sclerosis
  • Nerve or spine damage
  • Epilepsy
  • Cachexia
  • Wasting syndrome
  • Crohn's disease
  • Post-traumatic stress disorder (PTSD)

A written statement from your doctor is required to get a card, and you must register with the Department of Consumer Protection. The use of marijuana is not permitted in public or in the presence of minors. Connecticut does not recognize non-resident medical marijuana cards.

Caregivers administering medical marijuana must be over the age of 18 and cannot be the patient's physician. The need for a caregiver must be assessed and confirmed by a physician.

Restrictions for growing marijuana: You cannot grow marijuana for personal use.

Click here to find a top Connecticut marijuana lawyer near you.

Delaware

Year enacted: 2011

State statute: https://delcode.delaware.gov/title16/c049A/#4903A.

Possession limit: Up to 6 oz.

Conditions qualifying for treatment:

  • Cancer
  • HIV/AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Post-traumatic stress disorder
  • Cachexia
  • Severe pain
  • Severe nausea
  • Seizures
  • Muscle spasms
  • Glaucoma

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance violations or violent crimes.

Written certification is required from a physician, and qualifying patients must receive an identification card from the Department of Health and Social Services. The use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in Delaware.

Click here to find a top marijuana lawyer near you in Delaware.

District of Columbia

Year enacted: 2010

State statute: https://code.dccouncil.us/dc/council/code/titles/7/chapters/16B/

Possession limit: Up to 2 oz.

Conditions qualifying for treatment:

  • HIV/AIDS
  • Glaucoma
  • Muscle spasms
  • Multiple sclerosis
  • Cancer

A physician may also prescribe medical marijuana for other conditions for which the drug is likely to be less addictive than conventional treatments.

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers administering medical marijuana must be over the age of 18 and must register with the Washington, D.C., Department of Health. Caregivers may only provide care to a single patient.

Patients must obtain a written recommendation from a physician and register with the mayor's office. The use or cultivation of marijuana is not permitted in public. Non-resident medical marijuana cards are not recognized in the District of Columbia.

Click here to find a top marijuana lawyer near you in Washington, D.C.

Florida

Year approved: 2016

State statute: Florida Administrative Code 64-4

Conditions qualifying for treatment:

  • Cancer
  • Chronic nonmalignant pain
  • Epilepsy
  • Glaucoma
  • HIV
  • AIDS
  • Post-traumatic stress disorder (PTSD)
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn's disease
  • Parkinson's disease
  • Multiple sclerosis (MS)
  • Terminal illness

Caregivers administering medical marijuana must be over the age of 21 and must register with the Florida Department of Health. The Department of Health may limit the number of patients a caregiver can have at one time.

When a patient's Medical Marijuana Identification Card application has been approved, the patient can fill an order placed by a qualified physician at a licensed medical marijuana treatment center (MMTC).

Click here to find a top marijuana lawyer near you in Florida.

Hawaii

Year enacted: 2000

State statute: http://dps.hawaii.gov/wp-content/uploads/2012/09/Physian-Information-Med-Marijuana-rev113011.pdf

Possession limit: Up to 3 oz.

Conditions qualifying for treatment:

  • Cachexia
  • Cancer
  • Chronic pain
  • Crohn's disease
  • Glaucoma
  • HIV/AIDS
  • Multiple sclerosis
  • Nausea
  • Post-traumatic stress disorder (PTSD)
  • Seizures

Number of plants allowed for cultivation: Seven; no more than 3 mature plants

Primary caregivers must be at least 18 years of age and can only provide care to a single qualifying patient. Likewise, each patient is limited to a single primary caregiver.

A written certification is required from a physician, and patients must register with the Narcotics Enforcement Division. Non-resident medical marijuana cards are not recognized in Hawaii.

Click here to find a qualified marijuana lawyer near you in Hawaii.

Illinois

Year enacted: 2014

State statute: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1&GAID=12&DocTypeID=HB&SessionID=85&GA=98

Possession limit: Up to 2.5 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn's disease
  • Alzheimer's disease
  • Cachexia
  • Muscular dystrophy
  • Severe fibromyalgia
  • Spinal cord disease
  • Rheumatoid arthritis
  • Fibrous dysplasia
  • Traumatic brain injury
  • Multiple sclerosis
  • Syringomyelia
  • Parkinson's disease
  • Tourette syndrome
  • Myoclonus
  • Dystonia
  • Complex regional pain syndrome (RSD or CRPS)
  • Causalgia

Number of plants allowed for cultivation: Up to five plants.

Primary caregivers must be at least 21 years of age with no violent criminal convictions. Caregivers can only serve one patient at a time.

Written certification is required from a physician, and patients and their caregivers must obtain a valid registry identification card from the Department of Public Health. The possession of cannabis is forbidden on school grounds and in other child care facilities. Non-resident medical marijuana cards are not recognized in Illinois.

Click here to find a top marijuana lawyer near you in Illinois.

Louisiana

Year approved: 2016

State statute: https://www.ldaf.state.la.us/medical-marijuana/

Possession limit: Up to a 30-day supply of non-smokable marijuana preparations

Conditions qualifying for treatment:

  • Cancer
  • Positive status for HIV/AIDS, cachexia, or wasting syndrome
  • Seizure disorders
  • Epilepsy
  • Spasticity
  • Crohn's disease
  • Muscular dystrophy
  • Multiple sclerosis
  • Glaucoma
  • Parkinson's disease
  • Severe muscle spasms
  • Intractable pain
  • Post-traumatic stress disorder
  • Autism spectrum disorder

Number of plants allowed for cultivation: Home cultivation is not allowed.

Caregivers are not allowed to purchase or possess marijuana for a patient.

Click here to find a qualified marijuana lawyer near you in Louisiana.

Maine

Year enacted: 1999

State statute: http://www.mainelegislature.org/legis/statutes/22/title22ch558-Csec0.html

Possession limit: Up to 2.5 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Alzheimer's disease
  • Nail-patella syndrome

Number of plants allowed for cultivation: Six; no more than three mature plants

Caregivers administering medical marijuana must be over the age of 21 and must not have any prior convictions for felony controlled substance offenses.

A written statement is required from a physician. Maine law dictates that out-of-state medical marijuana patients may purchase cannabis from qualified providers in Maine, within the limits of state law. Non-resident medical marijuana cards are recognized in Maine. Visiting qualifying patients may medicate in the state for up to 30 days but may not purchase marijuana within the state.

Click here to find a top marijuana lawyer near you in Maine.

Maryland

Year enacted: 2014

State statute: https://mmcc.maryland.gov/Pages/home.aspx

Possession limit: Up to a 30-day supply

Conditions qualifying for treatment:

  • Cachexia
  • Chronic pain
  • Nausea
  • Seizures
  • Severe muscle spasms

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers administering medical marijuana must be over the age of 18. If the patient is a minor, the parent or guardian is considered the legal caregiver.

Prospective patients must receive an evaluation and written statement from a physician who is registered with the Cannabis Commission and legally authorized to recommend cannabis for medical treatment. Non-resident medical marijuana cards are not recognized in Maryland.

Click here to find a top marijuana lawyer near you in Maryland.

Massachusetts

Year enacted: 2013

State statute: https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter369

Possession limit: Up to 10 ounces.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn's disease
  • Parkinson's disease
  • Multiple sclerosis

Number of plants allowed for cultivation: The number sufficient to maintain a 60-day supply as determined by the Department of Public health.

Caregivers administering medical marijuana must be over the age of 21 and are strictly prohibited from consuming marijuana obtained for the use of the patient.

Prospective patients must obtain a written statement from a physician and register with the Department of Public Health. Non-resident medical marijuana cards are not recognized in Massachusetts.

Click here to find a top marijuana lawyer near you in Massachusetts.

Michigan

Year enacted: 2008

State statute: https://www.michigan.gov/mra/0,9306,7-386-79575---,00.html

Possession limit: Up to 2.5 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Hepatitis C
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn's disease
  • Alzheimer's disease
  • Nail-patella syndrome
  • Cachexia
  • Chronic pain
  • Severe nausea
  • Seizures
  • Muscle spasms

Number of plants allowed for cultivation: 12

Primary caregivers administering medical marijuana must be over the age of 21. They must not have been convicted of any felony within the past 10 years, and they must not have been convicted of any assault-related or drug-related felony in their lifetime.

Prospective patients must obtain a written statement from a physician and receive a registry identification card from the Department of Licensing and Regulatory Affairs. Non-resident medical marijuana cards are recognized in Michigan if the patient's state of residency also offers reciprocity.

Click here to find a top marijuana lawyer near you in Michigan.

Minnesota

Year enacted: 2014

State statute: https://www.health.state.mn.us/people/cannabis/index.html

Possession limit: Up to a 30-day supply

Conditions qualifying for treatment:

  • Amyotrophic lateral sclerosis (ALS)
  • Alzheimer's disease
  • Autism
  • Cancer associated with severe/chronic pain, nausea or severe vomiting, or cachexia or severe wasting
  • Glaucoma
  • HIV/AIDS
  • Tourette syndrome
  • Seizures
  • Severe and persistent muscle spasms
  • Inflammatory bowel disease, including Crohn's disease
  • Terminal illness
  • Intractable pain
  • Post-traumatic stress disorder (PTSD)
  • Obstructive sleep apnea
  • Chronic pain
  • Sickle cell disease (effective August 2021)
  • Chronic motor or vocal tic disorder (effective August 2021)

Number of plants allowed for cultivation: Home cultivation is not allowed.

A healthcare practitioner needs to certify that a patient needs a caregiver. The caregiver can register and has to pass a background check. After approval, the caregiver can pick up the patient's medical cannabis.

Prospective patients must obtain a health care practitioner certification and register with the Office of Medical Cannabis. After approval, the patient can visit a Cannabis Patient Center. Non-resident medical marijuana cards are recognized in Minnesota.

Click here to find a top marijuana lawyer near you in Minnesota.

Missouri

Year enacted: 2018

State statute: https://health.mo.gov/safety/medical-marijuana/

Possession limit: Up to 4 ounces

Conditions qualifying for treatment:

  • Cancer
  • Epilepsy
  • Glaucoma
  • Intractable migraines unresponsive to other treatment
  • A chronic medical condition that causes severe, persistent pain or persistent muscle spasms
  • Debilitating psychiatric disorders
  • HIV/AIDS
  • A chronic medical condition that is normally treated with prescription medications that could lead to physical or psychological dependence, based on a physician's determination
  • A terminal illness
  • Any other physician-approved chronic, debilitating, or other medical condition, including hepatitis C, amyotrophic lateral sclerosis (ALS), inflammatory bowel disease, Crohn's disease, Huntington's disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer's disease, cachexia, and wasting syndrome

Number of plants allowed for cultivation: Up to six plants

A caregiver has to be 21 years of age or older, responsible for managing the well-being of a qualified patient, and designated by the patient on the caregivers' application for an identification card. Patients can designate up to two caregivers and caregivers can have up to three separate patients.

Prospective patients must visit a Missouri-licensed physician to obtain physician certification. The patient then applies for an identification card with the Department of Health and Senior Services.

Click here to find a top marijuana lawyer near you in Missouri.

Montana

Year enacted: 2004

State statute: https://leg.mt.gov/bills/mca_toc/50_46_3.htm

Possession limit: Up to 1 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Cachexia
  • Severe chronic pain
  • Crohn's disease
  • Epilepsy
  • Multiple sclerosis
  • Peripheral neuropathy
  • Muscle spasms
  • Nervous system disorder

Number of plants allowed for cultivation: Six

A primary caregiver administering medical marijuana must be over the age of 18 and must undergo a background check. The caregiver must be a Montana resident and is required to register with the Department of Public Health and Human Services. Caregivers are prohibited from receiving monetary compensation for the services that they provide to cardholders.

Physicians must provide prospective patients with a written statement to be completed on the appropriate Department of Public Health form. Qualifying patients must renew their medical marijuana identification card on an annual basis. Non-resident medical marijuana cards are not recognized in Montana.

Click here to find a top marijuana lawyer near you in Montana.

Nevada

Year enacted: 2001

State statute: https://www.leg.state.nv.us/nac/nac-453a.html

Possession limit: Up to 2.5 ounces.

Conditions qualifying for treatment:

  • AIDS
  • Cancer
  • Cachexia
  • Multiple sclerosis
  • Seizures
  • Severe nausea
  • Severe pain

Number of plants allowed for cultivation: Up to 12 plants. Home cultivation is limited within 25 miles of an operating dispensary.

A primary caregiver administering medical marijuana must be over the age of 18 and must register with the Division of Public and Behavioral Health of the Department of Health and Human Services.

Prospective patients must receive written documentation from a physician. Qualifying patients are then encouraged to register confidentially for a state ID card, but even in the absence of an ID card, qualifying patients may be able to avoid prosecution by arguing an affirmative defense. This means that they can prove a legitimate medical need for cannabis. Non-resident medical marijuana cards are recognized in Nevada if the cardholder agrees to abide by state cannabis laws.

Click here to find a top marijuana lawyer near you in Nevada.

New Hampshire

Year enacted: 2013

State statute: http://www.gencourt.state.nh.us/rsa/html/x/126-x/126-x-mrg.htm

Possession limit: 2 oz.

Conditions qualifying for treatment:

  • Amyotrophic lateral sclerosis (ALS)
  • Traumatic brain injury
  • Cancer
  • Lupus
  • Chemotherapy-induced anorexia
  • Hepatitis C
  • Epilepsy and seizures
  • Multiple sclerosis
  • Crohn's disease
  • Persistent muscle spasms
  • Parkinson's disease
  • Glaucoma
  • Spinal cord injury
  • Severe pain
  • Wasting syndrome
  • Nausea
  • Elevated intraocular pressure
  • Muscular dystrophy
  • Chronic pancreatitis
  • Cachexia
  • Alzheimer's
  • Vomiting

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers must be over the age of 21 and may not have any prior felony convictions. Caregivers may serve no more than five qualifying patients.

Written certification from a physician is required, and a patient/physician relationship must have existed for more than three months. Non-resident medical marijuana cards are recognized in New Hampshire with a written statement from a physician, but qualifying patients may not purchase cannabis in New Hampshire.

Click here to find a top marijuana lawyer near you in New Hampshire.

New Jersey

Year enacted: 2010

State statute: https://www.nj.gov/health/medicalmarijuana/

Possession limit: Up to 3 oz.

Conditions qualifying for treatment:

  • Amyotrophic lateral sclerosis (ALS)
  • Glaucoma
  • HIV/AIDS
  • Spasticity disorders and seizures
  • Cancer
  • IBD
  • Multiple sclerosis
  • Crohn's disease
  • Muscular dystrophy
  • Terminal illness

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers must be residents of New Jersey and at least 18 years of age. They must not have any prior convictions for felony drug offenses. Caregivers must not have more than one qualifying patient at a time.

Written certification is required and includes a statement from a physician or medical records. Both caregivers and qualifying patients must register with the state. Non-resident medical marijuana cards are not recognized in New Jersey.

Click here to find a top marijuana lawyer near you in New Jersey.

New Mexico

Year enacted: 2007

Possession limit: Up to 8 oz.

Conditions qualifying for treatment:

  • Spinal cord damage
  • Anorexia
  • Multiple sclerosis
  • Cachexia
  • Crohn's disease
  • Hepatitis C
  • Cancer
  • HIV/AIDS
  • Parkinson's disease
  • Huntington's disease
  • Epilepsy
  • Cervical dystonia
  • Hospice patients
  • Amyotrophic lateral sclerosis (ALS)
  • Post-traumatic stress disorder (PTSD)
  • Arthritis
  • Painful peripheral neuropathy
  • Intractable nausea
  • Chronic pain
  • Glaucoma

Number of plants allowed for cultivation: 16 plants; no more than four may be mature

Caregivers must be at least 18 years of age and residents of New Mexico. Caregivers are designated by the patient's physician as necessary.

Written certification is required from a practitioner, and qualifying patients must be entered into a confidential state registry. Non-resident medical marijuana cards are not recognized in New Mexico.

Click here to find a top marijuana lawyer near you in New Mexico.

New York

Year enacted: 2014

State statute: https://www.health.ny.gov/regulations/medical_marijuana/docs/regulations.pdf

Possession limit: 60-day supply.

Conditions qualifying for treatment:

  • Cancer
  • Spinal cord damage
  • Neuropathies
  • IBD
  • Parkinson's disease
  • Huntington's disease
  • Amyotrophic lateral sclerosis (ALS)
  • Epilepsy
  • Multiple sclerosis
  • HIV/AIDS

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers may not serve more than five certified patients. Patients may have up to two caregivers. Both caregivers and qualifying patients must register with the state to gain access to medication.

Written certification is required from a practitioner. Non-resident medical marijuana cards are not recognized in New York.

Click here to find a top marijuana lawyer near you in New York.

North Dakota

Year enacted: 2016

State statute: https://www.health.nd.gov/mm

Possession limit: Up to 3 oz.

Conditions qualifying for treatment:

  • Terminal illness
  • HIV/AIDS
  • Alzheimer's disease or related dementia
  • Amyotrophic lateral sclerosis (ALS)
  • Anorexia or bulimia
  • Anxiety disorder
  • Autism spectrum disorder
  • Brain injury
  • Cancer
  • Crohn's disease
  • Decompensated cirrhosis caused by Hepatitis C
  • Ehlers-Danlos syndrome
  • Endometriosis
  • Epilepsy
  • Fibromyalgia
  • Glaucoma
  • Interstitial cystitis
  • Migraine neuropathy
  • Post-traumatic stress disorder (PTSD)
  • Rheumatoid arthritis
  • Spinal stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of the spinal cord
  • Tourette Syndrome
  • Cachexia or wasting syndrome
  • Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
  • Intractable nausea
  • Seizures
  • Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers must be 21 years or older and submit to a criminal history record check.

North Dakota does not recognize other state's medical marijuana cards.

Click here to find a top marijuana lawyer near you in North Dakota.

Ohio

Year enacted: 2016

State statute: https://medicalmarijuana.ohio.gov/

Possession limit: 90-day supply

Conditions qualifying for treatment:

  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Alzheimer's disease
  • Cachexia
  • Cancer
  • Chronic traumatic encephalopathy
  • Crohn's disease
  • Epilepsy or another seizure disorder
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Huntington's disease
  • Inflammatory bowel disease
  • Multiple sclerosis
  • Pain that is either chronic and severe or intractable
  • Parkinson's disease
  • Post-traumatic stress disorder (PTSD)
  • Sickle cell anemia
  • Spasticity
  • Spinal cord disease or injury
  • Terminal illness
  • Tourette syndrome
  • Traumatic brain injury
  • Ulcerative colitis

Number of plants allowed for cultivation: Personal cultivation is forbidden by law.

Caregivers must be 21 years or older and may register with the state board of pharmacy to serve as a caregiver for a qualifying patient. A patient cannot have more than two caregivers, and a caregiver cannot serve more than two patients.

To register for a patient card, patients have to visit a certified physician to confirm the qualifying condition. The patient registers through the Patient & Caregiver Registry. Ohio does not recognize medical marijuana registry cards issued in other states.

Click here to find a top marijuana lawyer near you in Ohio.

Oklahoma

Year enacted: 2018

State statute: https://oklahoma.gov/omma.html

Possession limit: Up to 8 oz. in the patient's residence, up to 3 oz. of marijuana on their person, up to 1 oz. of concentrated marijuana, and up to 72 oz. of edible marijuana.

Conditions qualifying for treatment: The qualifying conditions for medical marijuana are left up to the discretion of the treating physician, according to the accepted standards a reasonable and prudent physician would follow for recommending or approving any other medication.

Number of plants allowed for cultivation: Up to six mature plants and six seedlings.

Caregivers can apply for a license to assist the patient with the purchase, application, and administration of medical marijuana.

Click here to find a top marijuana lawyer near you in Oklahoma.

Oregon

Year enacted: 1998

State statute: https://www.oregonlegislature.gov/bills_laws/ors/ors475B.html

Possession limit: 24 oz.

Conditions qualifying for treatment:

  • Seizures
  • HIV/AIDS
  • Cachexia
  • Cancer
  • Post-traumatic stress disorder (PTSD)
  • Glaucoma
  • Persistent muscle spasms
  • Alzheimer's disease
  • Chronic pain
  • Nausea
  • Other conditions subject to approval

Number of plants allowed for cultivation: Six mature plants; up to 18 immature plants

Caregivers must be at least 18 years of age and cannot be the patient's physician. A patient may only have one caregiver. Written documentation is required from a physician. Qualifying patients must enter into the confidential state registry. Non-resident medical marijuana cards are not recognized in Oregon, but recreational marijuana use is legal in the state.

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Pennsylvania

Year enacted: 2016

State program: https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/

Possession limit: 30-day supply

Smoking marijuana is prohibited. Patients may take marijuana in pill, oil, vapor, ointment, or liquid form.

Conditions qualifying for treatment:

  • Cancer
  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Parkinson's disease
  • Seizures
  • Epilepsy
  • Inflammatory bowel disease
  • Neuropathies
  • Huntington's disease
  • Crohn's disease
  • Post-traumatic stress disorder (PTSD)
  • Intractable seizures
  • Glaucoma
  • Sickle cell anemia
  • Autism
  • Neuropathic pain
  • Multiple sclerosis
  • Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • Severe chronic or intractable pain that is untreatable

Number of plants allowed for cultivation: Up to 25 grower's and processor's licenses are available, as well as up to 50 dispensaries, which can each operate three locations. Dispensaries and growers can not be located within 1,000 feet of a school or daycare center (Department of Health may waive the requirement on a case-by-case basis). Growers, processors, and dispensaries must meet local zoning laws. Patients are not allowed to legally grow their own marijuana.

Click here to find a top marijuana lawyer near you in Pennsylvania.

Rhode Island

Year enacted: 2006

State statute: http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28.6/INDEX.HTM

Possession limit: 2.5 oz.

Conditions qualifying for treatment:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Cachexia
  • Persistent muscle spasms
  • Seizures
  • Alzheimer's disease
  • Chronic pain
  • Crohn's disease
  • Hepatitis C
  • Nausea
  • Other conditions subject to approval

Number of plants allowed for cultivation: 12 mature plants, 12 immature plants; more are allowed if multiple cardholders cooperatively cultivate. Marijuana plants must be stored indoors.

Caregivers must be at least 21 years of age and cannot serve more than five qualifying patients. Written certification is required from a physician. Qualifying patients must enter into the state's confidential registry. Non-resident medical marijuana cards are recognized in Rhode Island.

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South Dakota

Year approved: 2020

State program: https://medcannabis.sd.gov/

Possession limit: Up to 3 ounces

Conditions qualifying for treatment:

  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Multiple sclerosis (MS)
  • Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
  • Crohn's disease
  • Epilepsy and seizures
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)

Number of plants allowed for cultivation: Three plants

Caregivers must apply through the State Department of Health.

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Utah

Year approved: 2018

State program: https://health.utah.gov/medical-cannabis

Possession limit: Up to 113 grams of unprocessed cannabis or up to 20 grams of total THC

Conditions qualifying for treatment:

  • HIV/AIDS
  • Alzheimer's disease
  • Amyotrophic lateral sclerosis (ALS)
  • Cancer
  • Cachexia
  • Multiple sclerosis (MS)
  • Crohn's disease
  • Persistent nausea
  • Epilepsy and seizures
  • Autism
  • Post-traumatic stress disorder (PTSD)
  • Terminal illness
  • Hospice care
  • Other approved conditions

Number of plants allowed for cultivation: Home cultivation is prohibited.

Caregivers age 21 and older can apply for a Medical Cannabis Caregiver Card, subject to a criminal background check. Caregivers must be designated by the patient cardholder. Out-of-state medical marijuana cardholders cannot purchase marijuana from Utah dispensaries.

Click here to find a top marijuana lawyer near you in Utah.

Vermont

Year enacted: 2004

State statute: http://legislature.vermont.gov/statutes/fullchapter/18/086

Possession limit: 2 oz.

Conditions qualifying for treatment:

  • Cancer
  • HIV/AIDS
  • Cachexia
  • Wasting syndrome
  • Severe pain and nausea
  • Multiple sclerosis

Number of plants allowed for cultivation: Nine plants; only two may be mature

Caregivers must be at least 21 years old and may not have prior convictions for drug-related crimes. Caregivers may only serve one qualifying patient at a time. Diagnosis from an eligible physician is required. Eligible physicians must register with the state. Non-resident medical marijuana cards are not recognized in Vermont.

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Virginia

Year effective: 2020

State statute: https://law.lis.virginia.gov/vacode/54.1-3408.3

Possession limit: 90-day supply of cannabis oil; up to 4 oz. of botanical cannabis

Conditions qualifying for treatment: Any diagnosed condition or disease determined by a doctor to benefit the qualifying patient.

Number of plants allowed for cultivation: Home cultivation is prohibited.

Caregivers must be "registered agents" designated by a patient by written certification. Virginia does not have medical marijuana reciprocity with other states.

Click here to find a top marijuana lawyer near you in Virginia.

Washington

Year enacted: 1998

State statute: http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51a&full=true

Possession limit: 3 oz., 48 oz. solid infused product, 216 oz. liquid infused product, 21 g. concentrates

Conditions qualifying for treatment:

  • Cancer
  • Cachexia
  • Post-traumatic stress disorder (PTSD)
  • Traumatic brain injury
  • Hepatitis C
  • Intractable pain
  • Seizures
  • Crohn's disease
  • Nausea
  • Glaucoma
  • Persistent muscle spasms
  • HIV/AIDS
  • Spasticity
  • Terminal or debilitating conditions

Number of plants allowed for cultivation: Six plants if registered in a voluntary patient database; four if not registered.

Caregivers must be at least 21 years old and must be authorized by the patient's physician or entered into an authorized database. Patients must receive valid documentation from a physician, physician's assistant, registered nurse, or naturopath. Nonresident medical marijuana cards are not recognized in Washington, but recreational use is legal in the state.

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West Virginia

Year approved: 2017

State statute: https://www.wvlegislature.gov/wvcode/code.cfm?chap=16A&art=3

Possession limit: Up to 30-day supply

Conditions qualifying for treatment:

  • Cancer
  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Parkinson's disease
  • Multiple sclerosis
  • Damage to the nervous tissue of the spinal cord
  • Epilepsy
  • Neuropathies
  • Huntington's disease
  • Crohn's disease
  • Post-traumatic stress disorder (PTSD)
  • Intractable seizures
  • Sickle cell anemia
  • Severe chronic or intractable pain
  • Terminal illness

Number of plants allowed for cultivation: Six plants

Caregivers must be at least 21 years of age and must be designated by the patient. Caregivers must submit an application for an identification card and undergo a criminal background check. West Virginia may enter into reciprocity agreements with other states for the use and lawful purchase of medical cannabis for terminally ill cancer patients.

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