1 | ISSUE | POINTS | AK | AK Statute or Regulation | AK Points | AZ | AZ Statute or Regulation | AZ Points | CA | CA Statute or Regulation | CA Points | CO | CO Statute or Regulation | CO Points | CT | CT Statute or Regulation | CT Points | DC | DC Statute and Regulations | DC Points | DE | DE Statute and Regulations | DE Points | HI | HI Statute or Regulation | HI Points | IL | IL Statute or Regulation | IL Points | MA | MA Statute or Regulation | MA Points | ME | ME Statute or Regulation | ME Points | MI | MI Statute or Regulation | MI Points | MT | MT Statute or Regulation | MT Points | NH | NH Statute or Regulation | NH Points | NJ | NJ Statute or Regulation | NJ Points | NM | NM Statute or Regulation | NM Points | NV | NV Statute or Regulation | NV Points | OR | OR Statute or Regulation | OR Points | RI | RI Statute or Regulation | RI Points | VT | VT Statute or Regulation | VT Points | WA | WA Statute or Regulation | WA Points | Minnesota | MN Statute or Regulation | MN Points | Alabama | AL Statute or Regulation | AL Points | Kentucky | KY Statute or Regulation | KY Points | Mississippi | MS Statute or Regulation | MS Points | Utah | UT Statute or Regulation | UT Points | Wisconsin | WI Statute or Regulation | WI Points | Maryland | MD Statute or Regulation | MD Points | Iowa | Iowa Statute or Regulation | IA Points | Florida | FL Statute or Regulation | FL Points | Tennessee | TN Statute or Regulation | TN Points | Missouri | MO Statute or Regulation | MO Points | South Carolina | SC Statute or Regulation | SC Points | FL Amendment 2 | FL (A2) Citation | FL (A2) Score | NY | NY Statute or Regulation | NY Score | NC | NC Statute or Regulation | NC Score | |
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2 | Patient Rights & Civil Protection from Discrimination | F | A | F | F | D | F | B | F | C | F | B | F | F | C | F | F | F | F | B | F | D | D | SB 174 (2014) | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F+ | F | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Arrest | 20 | (b) Except as otherwise provided by law, a person is not subject to arrest, prosecution, or penalty in any manner for applying to have the person's name placed on the confidential registry maintained by the department under AS 17.37.010 . | AS 17.37.030(b) | 20 | B. A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau: 1. For the registered qualifying patient's medical use of cannabis pursuant to this chapter, if the registered qualifying patient does not possess more than the allowable amount of cannabis. 2. For the registered designated caregiver assisting a registered qualifying patient to whom he is connected through the department's registration process with the registered qualifying patient's medical use of cannabis pursuant to this chapter if the registered designated caregiver does not possess more than the allowable amount of cannabis. 3. For offering or providing cannabis to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient's medical use or to a registered nonprofit medical cannabis dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis. | 36-2811(b) | 20 | (e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical cannabis in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article. | 11362.71(f) | 20 | (b) Effective June 1, 2001, it shall be an exception from the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of cannabis, except as otherwise provided in subsections (5) and (8) of this section. | Colo. Const. Art XVIII, § 14(2)(b) | 20 | (a) A qualifying patient shall register with the Department of Consumer Protection pursuant to section 5 of this act prior to engaging in the palliative use of cannabis. A qualifying patient who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act and complies with the requirements of sections 1 to 15, inclusive, of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the palliative use of cannabis if: (1) The qualifying patient's physician has issued a written certification to the qualifying patient for the palliative use of cannabis after the physician has prescribed, or determined it is not in the best interest of the patient to prescribe, prescription drugs to address the symptoms or effects for which the certification is being issued; (2) The combined amount of cannabis possessed by the qualifying patient and the primary caregiver for palliative use does not exceed an amount of usable cannabis reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act; and (3) The qualifying patient has not more than one primary caregiver at any time. | Sec. 2 | 20 | A qualified patient, caregiver, or an employee of a cultivation center or a dispensary who is stopped by the police upon reasonable suspicion or probable cause that the stopped individual is in possession of cannabis may not be further detained or arrested on this basis alone if the police determine that he or she is in compliance with this act and the rules issued pursuant to section 14. | D.C. Code § 7-1671.03(g) | 20 | (a) A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of cannabis pursuant to this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable cannabis. | NOTE! Draft regs are being finalized, expected in Dec 2013 or Jan 2014 | 20 | Not explicit, but criminal penalies removed | No | 17 | (a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by an occupational or professional licensing board, for the medical use of cannabis in accordance with this Act, if the registered qualifying patient possesses an amount of cannabis that does not exceed an adequate supply as defined in subsection (a) of Section 10 of this Act of usable cannabis and, where the registered qualifying patient is a licensed professional, the use of cannabis does not impair that licensed professional when he or she is engaged in the practice of the profession for which he or she is licensed. | Section 25(a) | 20 | A qualifying patient or a personal caregiver shall not be subject to arrest or prosecution, or civil penalty, for the medical use of cannabis provided he or she: (a) Possesses no more cannabis than is necessary for the patient’s personal, medical use, not exceeding the amount necessary for a sixty-day supply; and (b) Presents his or her registration card to any law enforcement official who questions the patient or caregiver regarding use of cannabis. | Section 4 | 20 | Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of cannabis authorized under this chapter. | 22 §2423-E(1) | 20 | Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. | 333.26424(4) | 20 | (2) Except as provided in 50-46-320 and subject to the provisions of subsection (7) of this section, an individual who possesses a registry identification card issued pursuant to this part may not be arrested, prosecuted, or penalized in any manner or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a professional licensing board or the department of labor and industry, solely because: (a) the individual cultivates, manufactures, possesses, or transports cannabis in the amounts allowed under this section; or (b) the registered cardholder acquires or uses cannabis. | Mont. Code Ann. § 50-46-319(b) | 20 | I. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following: (a) Two ounces of usable cannabis; and (b) Any amount of unusable cannabis. | 126-W:2 | 20 | 6. a. The provisions of N.J.S.2C:35-18 shall apply to any qualifying patient, primary caregiver, alternative treatment center, physician, or any other person acting in accordance with the provisions of this act. b.A qualifying patient, primary caregiver, alternative treatment center, physician, or any other person acting in accordance with the provisions of this act shall not be subject to any civil or administrative penalty, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a professional licensing board, related to the medical use of cannabis as authorized under this act. c.Possession of, or application for, a registry identification card shall not alone constitute probable cause to search the person or the property of the person possessing or applying for the registry identification card, or otherwise subject the person or his property to inspection by any governmental agency. d.The provisions of section 2 of P.L.1939, c.248 (C.26:2-82), relating to destruction of cannabis determined to exist by the department, shall not apply if a qualifying patient or primary caregiver has in his possession a registry identification card and no more than the maximum amount of usable cannabis that may be obtained in accordance with section 10 of this act. e.No person shall be subject to arrest or prosecution for constructive possession, conspiracy or any other offense for simply being in the presence or vicinity of the medical use of cannabis as authorized under this act. f.No custodial parent, guardian, or person who has legal custody of a qualifying patient who is a minor shall be subject to arrest or prosecution for constructive possession, conspiracy or any other offense for assisting the minor in the medical use of cannabis as authorized under this act. | N.J. Stat. § 24:6I-2 | 20 | A qualified patient shall not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply. | Section 4(A) | 20 | NRS 453A.200 Holder of valid registry identification card or medical cannabis establishment registration certificate exempt from state prosecution for certain acts involving cannabis and paraphernalia; no crime for mere presence in vicinity of medical use of cannabis; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing cannabis if dispensary opens in county of residence; exceptions. [Effective April 1, 2014, and through March 31, 2016.] 1. Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for: (a) Possession, delivery or production of cannabis; (b) Possession or delivery of paraphernalia; (c) Aiding and abetting another in the possession, delivery or production of cannabis; (d) Aiding and abetting another in the possession or delivery of paraphernalia; (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element. 2. In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of cannabis in accordance with the provisions of this chapter. 3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person: (a) Engage in or assist in, as applicable, the medical use of cannabis in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and (b) Do not, at any one time, collectively possess, deliver or produce more than: (1) Two and one-half ounces of usable cannabis in any one 14-day period; (2) Twelve cannabis plants, irrespective of whether the cannabis plants are mature or immature; and (3) A maximum allowable quantity of edible cannabis products and cannabis-infused products as established by regulation of the Division. Ê The persons described in this subsection must ensure that the usable cannabis and cannabis plants described in this subsection are safeguarded in an enclosed, secure location. 4. If the persons described in subsection 3 possess, deliver or produce cannabis in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons: (a) Are not exempt from state prosecution for possession, delivery or production of cannabis. (b) May establish an affirmative defense to charges of possession, delivery or production of cannabis, or any combination of those acts, in the manner set forth in NRS 453A.310. 5. A person who holds a valid medical cannabis establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical cannabis establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted by the Division pursuant thereto, is exempt from state prosecution for: (a) Possession, delivery or production of cannabis; (b) Possession or delivery of paraphernalia; (c) Aiding and abetting another in the possession, delivery or production of cannabis; (d) Aiding and abetting another in the possession or delivery of paraphernalia; (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element. 6. Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical cannabis dispensary opens in the county of residence of a person who holds a registry identification card or his or her designated primary caregiver, if any, such persons are not authorized to cultivate, grow or produce cannabis. The provisions of this subsection do not apply if: (a) The person who holds the registry identification card or his or her designated primary caregiver, if any, was cultivating, growing or producing cannabis in accordance with this chapter on or before July 1, 2013; (b) All the medical cannabis dispensaries in the county of residence of the person who holds the registry identification card or his or her designated primary caregiver, if any, close or are unable to supply the quantity or strain of cannabis necessary for the medical use of the person to treat his or her specific medical condition; (c) Because of illness or lack of transportation, the person who holds the registry identification card and his or her designated primary caregiver, if any, are unable reasonably to travel to a medical cannabis dispensary; or (d) No medical cannabis dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card. 7. As used in this section, “cannabis” includes, without limitation, edible cannabis products and cannabis-infused products. (Added to NRS by 2001, 3055; A 2013, 3716, effective April 1, 2014) | NRS 453A.200 | 20 | Not explicit, but criminal penalies removed | No | 17 | (3) No principal officers, board members, agents, volunteers, or employees of a registered compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for working for or with a compassion center to engage in acts permitted by this section. (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct that occurs within the scope of his or her employment regarding the administration, execution and/or enforcement of this act, and the provisions of Rhode Island general laws, §§ 9-31-8 and 9-31-9 shall be applicable to this section. | § 21-28.6-12(h)(3)-(4) | 20 | (a) A person who has in his or her possession a valid registration card issued pursuant to this subchapter and who is in compliance with the requirements of this subchapter, including the possession limits in section 4472 of this title, shall be exempt from arrest or prosecution under subsection 4230(a) of this title and from seizure of cannabis, cannabis-infused products, and cannabis-related supplies. | § 4474b(a) | 20 | (a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of their health care professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on their medical use of cannabis, notwithstanding any other provision of law; | 69.51A.005(2)(a) | 20 | Yes | SF2470 (2014, Conference Committee Version) | 15 | No | SB 174 (2014) | 0 | Maybe, not explicit | KRS 218A.010(21)(b)-(c) | 5 | No | 0 | No | 0 | Maybe | Section 1. 961(4)(t) | 5 | (a) Any of the following persons acting in accordance with the provisions of this subtitle may not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the medical use of marijuana: (1) A QUALIFYING patient | 13–3313(a) | 20 | No | 0 | yes | (7) EXCEPTIONS TO OTHER LAWS.— | 5 | Yes | TCA Section 39-17-402(16) | 5 | Not explicit, cardholders are not subject to penalties, but not necessarily arrest | 195.207 2. | 5 | Yes, explicit. | Section 44-53-1840. (A) | 5 | Amendment #2 (ballot measure, Nov 2014) | ARTICLE X, SECTION 29(a)(1) | 20 | S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1. CERTIFIED PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUANA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE. | S 3369(1) | 20 | (b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria: (1) Possesses or uses the hemp extract only to treat intractable epilepsy, as defined in G.S. 90-113.101. (2) Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight. (3) Has a current hemp extract registration card issued by the Department of Health and Human Services under Article 5G of Chapter 90 of the General Statutes. (c) Notwithstanding any other provision of this Chapter, an individual who possesses hemp extract lawfully under this section may administer hemp extract to another person under the individual's care and is not subject to the penalties described in this Chapter for administering the hemp extract to the person if both of the following conditions are satisfied: (1) The individual is the person's caregiver, as defined in G.S. 90-113.101. (2) The individual is registered with the Department of Health and Human Services to administer hemp extract under G.S. 90-113.103." | § 90-94.1(b) and (c) | 5 | ||||
4 | Affirmative Defense | 15 | (a) A patient, primary caregiver, or alternate caregiver registered with the department under this chapter has an affirmative defense to a criminal prosecution related to cannabis to the extent provided in AS 11.71.090. | AS 17.37.030(a) | 15 | A. Except as provided in section 36-2802, a qualifying patient and a qualifying patient's designated caregiver, if any, may assert the medical purpose for using cannabis as a defense to any prosecution of an offense involving cannabis intended for a qualifying patient's medical use, and this defense shall be presumed valid where the evidence shows that: 1. A physician states that, in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition. 2. The qualifying patient and the qualifying patient's designated caregiver, if any, were collectively in possession of a quantity of cannabis that was not more than was reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition. 3. All cannabis plants were contained in an enclosed locked facility. 4. The qualifying patient and the qualifying patient's designated caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use or transportation of cannabis, paraphernalia or both, relating to the administration of cannabis solely to treat or alleviate the qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition. B. A person may assert the medical purpose for using cannabis in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a). C. If a qualifying patient or a qualifying patient's designated caregiver demonstrate the qualifying patient's medical purpose for using cannabis pursuant to this section, the qualifying patient and the qualifying patient's designated caregiver shall not be subject to the following for the qualifying patient's medical use of cannabis: 1. Disciplinary action by a court or occupational or professional licensing board or bureau. 2. Forfeiture of any interest in or right to non-cannabis, licit property. | 36-2812 | 15 | No | No | 15 | (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of cannabis will be deemed to have established an affirmative defense to such allegation where: (I) The patient was previously diagnosed by a physician as having a debilitating medical condition; (II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of cannabis in connection with a debilitating medical condition; and (III) The patient and his or her primary care-giver were collectively in possession of amounts of cannabis only as permitted under this section. This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient's medical use of cannabis. | Colo. Const. Art XVIII, § 14(2)(c) | 15 | No | 10 | 12 | “(c) It shall be an affirmative defense to a criminal charge of possession or distribution of cannabis, or possession with intent to distribute cannabis, that the person charged with the offense is a person who: “(1) Was in possession of medical cannabis only inside the qualifying patient’s residence or a medical treatment facility; “(2) Only administered or assisted in administering the medical cannabis to the qualifying patient and only within the qualifying patient’s residence or at a permitted medical treatment facility; “(3) Assisted the qualifying patient only when the caregiver was not reasonably available to provide assistance; and “(4) Is 18 years of age or older | Sec. 9(c) | 15 | (a) Except as provided in §4904A and this section, an individual may assert a medical purpose for using cannabis as a defense to any prosecution of an offense involving cannabis intended for the patient's medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence shows that: (1) A physician states that, in the physician's professional opinion, after having completed a full assessment of the individual's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from cannabis to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition; and (2) The individual was in possession of no more than six ounces of usable cannabis; and (3) The individual was engaged in the acquisition, possession, use, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the individual's serious or debilitating medical condition or symptoms associated with the individual's serious or debilitating medical condition. (b) The defense and motion to dismiss shall not prevail if the prosecution proves that (1) the individual had a registry identification card revoked for misconduct; or (2) the purposes for the possession of cannabis were not solely for palliative or therapeutic use by the individual with a serious or debilitating medical condition who raised the defense. (c) An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section. (d) If an individual demonstrates the individual's medical purpose for using cannabis pursuant to this section, except as provided in §4919A, the individual shall not be subject to the following for the individual's use of cannabis for medical purposes: (1) disciplinary action by an occupational or professional licensing board or bureau; or (2) forfeiture of any interest in or right to non-cannabis, licit property. | §4913A | 15 | (a) A qualifying patient or the primary caregiver may assert the medical use of cannabis as an affirmative defense to any prosecution involving cannabis under this [part] or chapter 712; provided that the qualifying patient or the primary caregiver strictly complied with the requirements of this part. (b) Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of cannabis shall not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of cannabis. | §329-125(a)-(b) | 15 | No | No | 12 | No | No | 12 | Defense for possession of excess cannabis. Except as provided in section 2426, a qualifying patient may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis possession and may present evidence in court that the patient's necessary medical use or cultivation circumstances warranted exceeding the amount of cannabis allowed under section 2423-A and was reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of treating or alleviating the patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. | 22 §2423-E(b)(8) | 15 | Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that: (1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; (2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and (3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition. (b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a). (c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana: (1) disciplinary action by a business or occupational or professional licensing board or bureau; or (2) forfeiture of any interest in or right to property. | 333.26428 | 15 | No | No | 15 | I. It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if: (a) The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis; or (b) The actor is a designated caregiver who has been issued a valid registry identification card was in possession of a cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient. II. This section shall not be construed as an affirmative defense for any offense other than those acts as set forth in paragraph I | 126-W:5 Affirmative Defense. | 15 | No | No | 12 | No | No | 12 | Affirmative defenses. 1. Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of cannabis, or any other criminal offense in which possession, delivery or production of cannabis is an element, that the person charged with the offense: (a) Is a person who: (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending physician that the medical use of cannabis may mitigate the symptoms or effects of that chronic or debilitating medical condition; (2) Is engaged in the medical use of cannabis; and (3) Possesses, delivers or produces cannabis only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or (b) Is a person who: (1) Is assisting a person described in paragraph (a) in the medical use of cannabis; and (2) Possesses, delivers or produces cannabis only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending physician to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition. 2. A person need not hold a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section. 3. Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of cannabis who is charged with a crime pertaining to the medical use of cannabis is not precluded from: (a) Asserting a defense of medical necessity; or (b) Presenting evidence supporting the necessity of cannabis for treatment of a specific disease or medical condition, Ê if the amount of cannabis at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter. 4. A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense. The written notice must: (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and (b) Set forth the factual basis for the affirmative defense. Ê A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise. (Added to NRS by 2001, 3061; A 2009, 624) | NRS 453A.310 | 15 | (1) Except as provided in ORS 475.316 and 475.342, it is an affirmative defense to a criminal charge of possession or production of cannabis, or any other criminal offense in which possession or production of cannabis is an element, that the person charged with the offense is a person who: (a) Has been diagnosed with a debilitating medical condition within 12 months prior to arrest and been advised by the person’s attending physician that the medical use of cannabis may mitigate the symptoms or effects of that debilitating medical condition; (b) Is engaged in the medical use of cannabis; and (c) Possesses or produces cannabis only in amounts permitted under ORS 475.320. (2) It is not necessary for a person asserting an affirmative defense pursuant to this section to have received a registry identification card in order to assert the affirmative defense established in this section. (3) No person engaged in the medical use of cannabis who claims that cannabis provides medically necessary benefits and who is charged with a crime pertaining to such use of cannabis shall be precluded from presenting a defense of choice of evils, as set forth in ORS 161.200, or from presenting evidence supporting the necessity of cannabis for treatment of a specific disease or medical condition, provided that the amount of cannabis at issue is no greater than permitted under ORS 475.320 and the patient has taken a substantial step to comply with the provisions of ORS 475.300 to 475.346. (4) Any defendant proposing to use the affirmative defense provided for by this section in a criminal action shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the intention to offer such a defense that specifically states the reasons why the defendant is entitled to assert and the factual basis for such affirmative defense. If the defendant fails to file and serve such notice, the defendant is not permitted to assert the affirmative defense at the trial of the cause unless the court for good cause orders otherwise. | Or. Rev. Stat. § 475.319 | 15 | Affirmative defense and dismissal. – (a) Except as provided in § 21-28.6-7, a person and a person's primary caregiver, if any, may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense shall be presumed valid where the evidence shows that: (1) The qualifying patient's practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the qualifying patient; and (2) The person and the person's primary caregiver, if any, were collectively in possession of a quantity of cannabis that was not more than what is permitted under this chapter to ensure the uninterrupted availability of cannabis for the purpose of alleviating the person's medical condition or symptoms associated with the medical condition. (b) A person may assert the medical purpose for using cannabis in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the defendant shows the elements listed in subsection (a) of this section. (c) Any interest in or right to property that was possessed, owned, or used in connection with a person's use of cannabis for medical purposes shall not be forfeited if the person or the person's primary caregiver demonstrates the person's medical purpose for using cannabis pursuant to this section. | R.I. Gen. Laws § 21-28.6-8 | 15 | No | No | 12 | 69.51A.043 Failure to register — Affirmative defense. (1) A qualifying patient or designated provider who is not registered with the registry established in *section 901 of this act may raise the affirmative defense set forth in subsection (2) of this section, if: (a) The qualifying patient or designated provider presents his or her valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis; (b) The qualifying patient or designated provider possesses no more cannabis than the limits set forth in RCW 69.51A.040(1); (c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter; (d) The investigating peace officer does not have probable cause to believe that the qualifying patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's presence, that does not relate to the medical use of cannabis; (e) No outstanding warrant for arrest exists for the qualifying patient or designated provider; and (f) The investigating peace officer has not observed evidence of any of the circumstances identified in *section 901(4) of this act. (2) A qualifying patient or designated provider who is not registered with the registry established in *section 901 of this act, but who presents his or her valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis, may assert an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. A qualifying patient or designated provider meeting the conditions of this subsection but possessing more cannabis than the limits set forth in RCW 69.51A.040(1) may, in the investigating peace officer's discretion, be taken into custody and booked into jail in connection with the investigation of the incident. Possession of cannabis exceeding lawful amount — Affirmative defense. A qualifying patient or designated provider in possession of cannabis plants, useable cannabis, or cannabis product exceeding the limits set forth in RCW 69.51A.040(1) but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040(1). An investigating peace officer may seize cannabis plants, useable cannabis, or cannabis product exceeding the amounts set forth in RCW 69.51A.040(1): PROVIDED, That in the case of cannabis plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize cannabis in this circumstance. Failure to register or present valid documentation — Affirmative defense. A qualifying patient or designated provider who is not registered with the registry established in *section 901 of this act or does not present his or her valid documentation to a peace officer who questions the patient or provider regarding his or her medical use of cannabis but is in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she was a validly authorized qualifying patient or designated provider at the time of the officer's questioning. A qualifying patient or designated provider who establishes an affirmative defense under the terms of this section may also establish an affirmative defense under RCW 69.51A.045. | 69.51A.043-047 | 15 | No, and no legal right for patients to be in possession of dried flowers under any circumstances | 10 | Yes | Section 2(b) and (c) | 5 | Maybe, not explicit | KRS 218A.010(21)(b)-(c) | 5 | Yes | Section 3(4)(a) | 5 | Yes | 58-37-4.3(2) | 5 | Maybe | Section 1. 961(4)(t) | 5 | Yes 1. In a prosecution for the use or possession of marijuana under this section, it is an affirmative defense that the defendant used or possessed marijuana because: A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician–patient relationship; B. the debilitating medical condition is severe and resistant to conventional medicine; and C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition. 2. A. IN A PROSECUTION FOR THE POSSESSION OF MARIJUANA UNDER THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT POSSESSED MARIJUANA BECAUSE THE MARIJUANA WAS INTENDED FOR MEDICAL USE BY AN INDIVIDUAL WITH A DEBILITATING MEDICAL CONDITION FOR WHOM THE DEFENDANT IS A CAREGIVER. B. A DEFENDANT MAY NOT ASSERT THE AFFIRMATIVE DEFENSE UNDER THIS SUBPARAGRAPH UNLESS, AT LEAST 30 DAYS BEFORE TRIAL, THE DEFENDANT NOTIFIES THE STATE’S ATTORNEY OF THE DEFENDANT’S INTENTION TO ASSERT THE AFFIRMATIVE DEFENSE AND PROVIDES THE STATE’S ATTORNEY WITH ALL DOCUMENTATION IN SUPPORT OF THE AFFIRMATIVE DEFENSE. | 5–601(c)(3)(iii) | 15 | yes | Sec.7.NEWSECTION.124D.6Medicaluseofcannabidiol——affirmativedefense. | 5 | no | 0 | Not explicit | TCA Section 39-17-402(16) | 5 | Not excplicit, but cardholders not subject to penalities for approved conduct | 5 | Includes immunity from prosecution | Section 44-53-1840. (A) | 5 | Not explicit, but patients acting in acordance with the law may not be convicted. | ARTICLE X, SECTION 29(a)(1) | 12 | S 179.05 CRIMINAL DIVERSION OF MEDICAL MARIHUANA; LIMITATIONS. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO: 1. A PRACTITIONER AUTHORIZED TO ISSUE A CERTIFICATION WHO ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER PROFESSION; OR 2. A REGISTERED ORGANIZATION AS THAT TERM IS DEFINED IN SUBDIVISION NINE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW WHO ACTED IN GOOD FAITH IN THE LAWFUL COURSE OF THE PRACTICE OF PHARMACY; OR 3. A PERSON WHO ACTED IN GOOD FAITH SEEKING TREATMENT FOR MEDICAL CONDITION OR ASSISTING ANOTHER PERSON TO OBTAIN TREATMENT FOR A MEDICAL CONDITION. | S 179.05 | 10 | Implied | § 90-94.1(b) and (c) | 5 | ||||
5 | Child Custody Protections | 10 | No | 0 | D. No person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence. | Ariz. Rev. Stat. § 36-2813(D) | 10 | No | 0 | No | 0 | No | 0 | No | 0 | A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person's actions in relation to cannabis were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence. | Del. Code Ann. Tit 16 §4905A(b) | 10 | No | 0 | (b) A person otherwise entitled to custody of or visitation or parenting time with a minor may not be denied that right, and there is no presumption of neglect or child endangerment, for conduct allowed under this Act, unless the person's actions in relation to cannabis were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence. | Public Act 098-0122 § 40(b) | 10 | No | 0 | Person may not be denied parental rights and responsibilities or contact with a minor child. A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19-A, section 1653, subsection 3. | Me. Rev. Stat. Tit. 22, §2423-E(3) | 10 | (c) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. | Mich. Comp. Laws § 333.26424(c) | 10 | No | 0 | A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied such a right solely for conduct allowed under this chapter, and there shall be no presumption of neglect or child endangerment. | 2013 N.H. Laws 126-W:2(VI) | 10 | No | 6 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Parental rights or residential time — Not to be restricted. A qualifying patient or designated provider may not have his or her parental rights or residential time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms of this chapter absent written findings supported by evidence that such use has resulted in a long-term impairment that interferes with the performance of parenting functions as defined under RCW 26.09.004. | Wash. Rev. Code § 69.51A.120 | 10 | Yes | Sec. 152.32 SubD 3 (pg 16) | 10 | Yes | Section 2(b) and (c) | 5 | No | 0 | Yes | Section 3(4)(b) | 5 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | |||||||||||||||||||||||||||
6 | DUI Protections | 7 | No | 0 | D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of cannabis, except that a registered qualifying patient shall not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. | Ariz. Rev. Stat. § 36-2802(D) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | “(a-5) In addition to the requirements and provisions of subsection (a), any person issued a registry card under the Compassionate Use of Medical Cannabis Pilot Program Act who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 11-501.2, to standardized field sobriety tests approved by the National Highway Traffic Safety Administration if arrested, as evidenced by the issuance of a Uniform Traffic Ticket, for any offense as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401. The person's status as a registry card holder alone is not a sufficient basis for conducting these tests. The officer must have an independent, cannabis-related factual basis giving reasonable suspicion that the person is driving under the influence of cannabis for conducting standardized field sobriety tests. This independent basis of suspicion shall be listed on the standardized field sobriety test results and any influence reports made by the arresting officer.” AND “(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under paragraph (a) or (a-5) and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more. A sworn report indicating refusal or failure of testing under paragraph (a-5) of this Section shall include the factual basis of the arresting officer's reasonable suspicion that the person was under the influence of cannabis. The person's possession of a valid registry card under the Compassionate Use of Medical Cannabis Pilot Program Act alone is not sufficient basis for reasonable suspicion.” | 625 ILCS 5/11-501.1 | 5 | No | 0 | No | 0 | No | 0 | No, in fact, particularly harsh. "(6) (a) If a person who holds a valid registry identification card issued pursuant to [section 4 or 5] is convicted of or pleads guilty to any offense related to driving under the influence of alcohol or drugs when the initial offense with which the person was charged was a violation of 61-8-401, 61-8-406, or 61-8-410, the court in which the conviction occurs shall require the person to surrender the registry identification card. (b) Within 5 days after the conviction becomes final, the court shall forward the registry identification card and a copy of the conviction to the department of public health and human services." | Mont. Code Ann. § 61-11-101(6)(a) | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis. However, a registered qualifying patient shall not be considered to be under the influence solely for having cannabis metabolites in his or her system. | R.I. Gen. Laws § 21-28.6-7(3) | 7 | No | 0 | No | 0 | No | 0 | No | Section 2(d) | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||||||||||||||||||
7 | Employment Protections | 7 | No | 0 | B. Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either: 1. The person's status as a cardholder. 2. A registered qualifying patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed or was impaired by cannabis on the premises of the place of employment or during the hours of employment. | Ariz. Rev. Stat. § 36-2813(B) | 7 | No | 0 | No | 0 | (b) Unless required by federal law or required to obtain federal funding: (3) No employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person's or employee's status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act. Nothing in this subdivision shall restrict an employer's ability to prohibit the use of intoxicating substances during work hours or restrict an employer's ability to discipline an employee for being under the influence of intoxicating substances during work hours | Conn. Gen. Stat § 21a-408p(b)(3) | 7 | No | 0 | Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following: a. The person's status as a cardholder; or b. A registered qualifying patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by cannabis on the premises of the place of employment or during the hours of employment. | Del. Code Ann. Tit 16 §4905A(a)(3) | 7 | No | 0 | (a)(1) No school, employer, or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would put the school, employer, or landlord in violation of federal law or unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or rules. This does not prevent a landlord from prohibiting the smoking of cannabis on the premises. | Public Act 098-0122 § 40(a)(1) | 7 | No | 0 | School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of cannabis on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of cannabis for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises. | Me. Rev. Stat. Tit. 22 §2423-E(2) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 10 | No | 0 | No | 0 | Yes | Sec. 152.32 SubD 3 (pg 16) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||||||||||||||||||
8 | Explicit Privacy Standards | 10 | (a) The department shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set out in this chapter. The registry must also contain the name of the primary caregiver and the name of the alternate caregiver of a patient, if either is designated by the patient. Only one primary caregiver and one alternate caregiver may be listed in the registry for a patient. The registry and the information contained within it are not a public record under AS 40.25.100 - 40.25.220. Peace officers and authorized employees of state or municipal law enforcement agencies shall be granted access to the information contained within the department's confidential registry only (1) for the purpose of verifying that an individual who has presented a registry identification card to a state or municipal law enforcement official is lawfully in possession of such card; or (2) for the purpose of determining that an individual who claims to be lawfully engaged in the medical use of cannabis is registered or listed with the department or is considered to be registered or listed under (g) of this section. | AS 17.37.010(a)-(b) | 10 | 36-2810. Confidentiality A. The following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36-105 and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter. 1. Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians. 2. Applications or renewals, their contents and supporting information submitted by or on behalf of nonprofit medical cannabis dispensaries in compliance with this chapter, including the physical addresses of nonprofit medical cannabis dispensaries. 3. The individual names and other information identifying persons to whom the department has issued registry identification cards. B. Any dispensing information required to be kept under section 36-2806.02, subsection b, or department regulation shall identify cardholders by their registry identification numbers and not contain names or other personally identifying information. C. Any department hard drives or other data recording media that are no longer in use and that contain cardholder information must be destroyed. The department shall retain a signed statement from a department employee confirming the destruction. D. Data subject to this section shall not be combined or linked in any manner with any other list or database and it shall not be used for any purpose not provided for in this chapter. | Ariz. Rev. Stat. § 36-2810 | 10 | (4) A person who breaches the confidentiality requirements of this article to information provided to, or contained in the records of, the department or of a county health department or the county's designee pertaining to an identification card program. (c) In addition to the penalties prescribed in subdivision (a), any person described in subdivision (b) may be precluded from attempting to obtain, or obtaining or using, an identification card for a period of up to six months at the discretion of the court. (d) In addition to the requirements of this article, the Attorney General shall develop and adopt appropriate guidelines to ensure the security and nondiversion of cannabis grown for medical use by patients qualified under the Compassionate Use Act of 1996. | Cal. Health & Safety Code § 11362.81(4) | 10 | (a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of cannabis and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card. (b) In order to be placed on the state's confidential registry for the medical use of cannabis, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency: (I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of cannabis; (II) The name, address, date of birth, and social security number of the patient; (III) The name, address, and telephone number of the patient's physician; and (IV) The name and address of the patient's primary care-giver, if one is designated at the time of application. | Colo. Const. Art XVIII, § 14(3) | 10 | (b) Information obtained under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, except that reasonable access to registry information obtained under this section and temporary registration information obtained under section 15 of this act shall be provided to: (1) State agencies, federal agencies and local law enforcement agencies for the purpose of investigating or prosecuting a violation of law; (2) physicians and pharmacists for the purpose of providing patient care and drug therapy management and monitoring controlled substances obtained by the qualifying patient; (3) public or private entities for research or educational purposes, provided no individually identifiable health information may be disclosed; (4) a licensed dispensary for the purpose of complying with sections 1 to 15, inclusive, of this act; (5) a qualifying patient, but only with respect to information related to such qualifying patient or such qualifying patient's primary caregiver; or (6) a primary caregiver, but only with respect to information related to such primary caregiver's qualifying patient. | Conn. Gen. Stat § 21a-408d(b) | 10 | No | 10 | (a) The following information received and records kept by the Department for purposes of administering this chapter are confidential and exempt from the Delaware Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the Department to perform official duties pursuant to this chapter: (1) Applications and renewals, their contents, and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians. (2) Applications and renewals, their contents, and supporting information submitted by or on behalf of compassion centers and safety compliance facilities in compliance with this chapter, including their physical addressees. (3) The individual names and other information identifying persons to whom the Department has issued registry identification cards. (4) Any dispensing information required to be kept under §4919A or Department regulation shall identify cardholders and registered compassion centers by their registry identification numbers and not contain names or other personally identifying information. (5) Any Department hard drives or other data-recording media that are no longer in use and that contain cardholder information must be destroyed. The Department shall retain a signed statement from a Department employee confirming the destruction. (6) Data subject to this section shall not be combined or linked in any manner with any other list or database and it shall not be used for any purpose not provided for in this chapter. (b) Nothing in this section precludes the following: (1) Department employees shall notify law enforcement about falsified or fraudulent information submitted to the Department if the employee who suspects that falsified or fraudulent information has been submitted conferred with his or her supervisor and both agree that circumstances exist that warrant reporting. (2) The Department shall notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with his or her supervisor and both agree that circumstances exist that warrant reporting. (3) Compassion center agents shall notify the Department of a suspected violation or attempted violation of this chapter or the regulations issued pursuant to it. (4) The Department shall verify registry identification cards pursuant to 4921A. (5) The submission of the §4922A report to the legislature. (c) It shall be a misdemeanor punishable by up to 180 days in jail and a $1,000 fine for any person, including an employee or official of the Department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter and jurisdiction for prosecution shall be exclusively in Superior Court. | Del. Code Ann. Tit 16 §4920A | 10 | No | 0 | Paes 62-66 http://www.ilga.gov/legislation/98/HB/PDF/09800HB0001enr.pdf | Section 145. Confidentiality. | 0 | (A) Information held by the Department about applicants for registration as a qualifying patient, personal caregiver, or dispensary agent, and registered qualifying atients, personal caregivers, and dispensary agents is confidential and exempt from the provisions of M.G.L. c. 66. (B) Information held by the Department about applicants for registration as a qualifying patient, personal caregiver, or dispensary agent, and registered qualifying patients, personal caregivers, and dispensary agents may be released by the Department to: (1) The data subject or the data subject’s authorized representative, pursuant to M.G.L. c. 66A; (2) Department staff for the purpose of carrying out their official duties; (3) An individual or entity pursuant to an order from a court of competent jurisdiction; (4) Law enforcement personnel for the sole purpose of verifying a cardholder’s registration and certification; (5) The Board of Registration in Medicine when necessary in connection with referrals to said Board concerning violations of 105 CMR 725.000; and (6) Other government agencies acting within their lawful jurisdiction, to the extent necessary to carry out the Department’s responsibilities and to ensure compliance with the Act and with 105 CMR 725.000. (C) Applications, supporting information, and other information regarding a RMD are not confidential, provided however that the following is confidential and exempt from the provisions of M.G.L. c.66: (a) Information that identifies a specific registered qualifying patient, personalcaregiver, or dispensary agent; (b) Information held by the Department about RMD physical layout, as well as policies, procedures, practices, and plans pertaining to security; and (c) The address of the cultivation or MIP production facility if separate from the dispensing facility. (D) Information held by a RMD about registered qualifying patients, personal caregivers, and dispensary agents is confidential and shall not be disclosed without the written consent of the individual to whom the information applies, or as required under law or pursuant to an order from a court of competent jurisdiction, provided however, the Department may access this information to carry out official duties. | 105 Code Mass. Rules 725.200 | 10 | 8. Confidentiality. This subsection governs confidentiality. A. Applications and supporting information submitted by qualifying patients and registered patients under this chapter, including information regarding their primary caregivers and physicians, are confidential. B. Applications and supporting information submitted by primary caregivers and physicians operating in compliance with this chapter are confidential. C. The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list are confidential, exempt from the freedom of access laws, Title 1, chapter 13, and not subject to disclosure except as provided in this subsection and to authorized employees of the department as necessary to perform official duties of the department. D. The department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card. F. Applications, supporting information and other information regarding a registered dispensary are not confidential except that information that is contained within dispensary information that identifies a qualifying patient, a registered patient, the registered patient's physician and the primary caregiver of the qualifying patient or registered patient is confidential. G. Records maintained by the department pursuant to this chapter that identify applicants for a registry identification card, registered patients, registered primary caregivers and registered patients' physicians are confidential and may not be disclosed except as provided in this subsection and as follows: (1) To department employees who are responsible for carrying out this chapter; (2) Pursuant to court order or subpoena issued by a court; (3) With written permission of the registered patient or the patient's guardian, if the patient is under guardianship, or a parent, if the patient has not attained 18 years of age; (4) As permitted or required for the disclosure of health care information pursuant to section 1711-C; (5) To a law enforcement official for verification purposes. The records may not be disclosed further than necessary to achieve the limited goals of a specific investigation; and (6) To a registered patient's treating physician and to a registered patient's primary caregiver for the purpose of carrying out this chapter. H. This subsection does not prohibit a physician from notifying the department if the physician acquires information indicating that a registered patient or qualifying patient is no longer eligible to use cannabis for medical purposes or that a registered patient or qualifying patient falsified information that was the basis of the physician's certification of eligibility for use. I. The department may disclose to an agency of State Government designated by the commissioner and employees of that agency any information necessary to produce registry identification cards or manage the identification card program and may disclose data for statistical or research purposes in such a manner that individuals cannot be identified. J. A hearing concerning the revocation of a registry identification card under subsection 3-A is confidential. K. Except as otherwise provided in this subsection, a person who knowingly violates the confidentiality of information protected under this chapter commits a civil violation for which a fine of up to $1,000 may be imposed. This paragraph does not apply to a physician or staff of a hospice provider or nursing facility named as a primary caregiver or any other person directly associated with a physician or a hospice provider or nursing facility that provides services to a registered patient. | Me. Rev. Stat. Tit. 22 §2425(8) | 10 | (h) The following confidentiality rules shall apply: (1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential. (2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card. (4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department. | Mich. Comp. Laws § 333.26426(h) | 6 | See http://leg.mt.gov/bills/mca/50/46/50-46-303.htm | Mont. Code Ann. § 50-46-303 | 0 | XI.(a) The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter. Each entry in the registry shall contain the qualifying patient’s or designated caregiver’s name, mailing address, date of birth, date of registry identification card issuance, date of registry identification card expiration, random 10-digit identification number, and registry identification number of the qualifying patient’s designated alternative treatment center, if any. The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A. (b)(1) Except as specifically provided in this chapter, no person shall have access to any information about qualifying patients or designated caregivers in the department’s confidential registry, or any information otherwise maintained by the department about providers and alternative treatment centers, except for authorized employees of the department in the course of their official duties and local and state law enforcement personnel who have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis. (2) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe cannabis is possessed at a specific address, an authorized employee for the department may disclose whether the location is associated with a qualifying patient, designated caregiver, or cultivation location of an alternative treatment center. (3) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe a specific individual possesses cannabis, an authorized employee for the department may disclose whether the person is a qualifying patient or a designated caregiver, provided that the law enforcement officer provides the person’s name and address or name and date of birth. (4) Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has made a legal determination that there is probable cause to believe the information is false or falsified. | 2013 N.H. Laws 126-W:4(XI) | 10 | f.The department shall maintain a confidential list of the persons to whom it has issued registry identification cards. Individual names and other identifying information on the list, and information contained in any application form, or accompanying or supporting document shall be confidential, and shall not be considered a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.), and shall not be disclosed except to: (1)authorized employees of the department and the Division of Consumer Affairs in the Department of Law and Public Safety as necessary to perform official duties of the department and the division, as applicable; and (2)authorized employees of State or local law enforcement agencies, only as necessary to verify that a person who is engaged in the suspected or alleged medical use of cannabis is lawfully in possession of a registry identification card. | N.J. Stat. § 24:6I-4(f) | 6 | . The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a registry identification card. Individual names on the list shall be confidential and not subject to disclosure, except: (1) to authorized employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of the Lynn and Erin Compassionate Use Act; 2) to authorized employees of state or local law enforcement agencies, but only for the purpose of verifying that a person is lawfully in possession of a registry identification card; or (3) as provided in the federal Health Insurance Portability and Accountability Act of 1996. | N.M. Stat. § 26-2B-7(G) | 10 | Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection. 1. Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the Division and any designee of the Division shall maintain the confidentiality of and shall not disclose: (a) The contents of any applications, records or other written documentation that the Division or its designee creates or receives pursuant to the provisions of this chapter; or (b) The name or any other identifying information of: (1) An attending physician; or (2) A person who has applied for or to whom the Division or its designee has issued a registry identification card. Ê Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public. 2. Notwithstanding the provisions of subsection 1, the Division or its designee may release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card to: (a) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; and (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250. | NRS 453A.700 | 10 | (1) The Authority shall create and maintain either paper or computer data files of patients, designated primary caregivers, growers, and grow site addresses. The data files shall include all information collected on the application forms or equivalent information from other written documentation, plus a copy of OMMP registry identification cards, effective date, date of issue, and expiration date. Except as provided in section (2) of this rule, the names and identifying information of registry identification cardholders and the name and identifying information of a pending applicant for a card, a designated primary caregiver, a grower, and a cannabis grow site location, shall be confidential and not subject to public disclosure. (2) Names and other identifying information made confidential under section (1) of this rule may be released to: (a) Authorized employees of the Authority as necessary to perform official duties of the Authority, including the production of any reports of aggregate (i.e., non-identifying) data or statistics; (b) Authorized employees of state or local law enforcement agencies when they provide a specific name or address. Information will be supplied only as necessary to verify: (A) That a person is or was a lawful possessor of a registry identification card; or (B) That the address is or was a documented grow site, and how many people are authorized to grow at that grow site; or (C) How many people a person was or is authorized to grow for. (c) Other persons (such as, but not limited to, employers, lawyers, family members) upon receipt of a properly executed release of information signed by the patient, the patient's parent or legal guardian, designated primary caregiver or grower. The release of information must specify what information the Authority is authorized to release and to whom. | 333-008-0050 | 10 | (h) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall be exempt from the provisions of the RIGL chapter 38-2 et seq. the Rhode Island access to public records act and not subject to disclosure, except to authorized employees of the department as necessary to perform official duties of the department. (2) The application for qualifying patient's registry identification card shall include a question asking whether the patient would like the department to notify him or her of any clinical studies about cannabis's risk or efficacy. The department shall inform those patients who answer in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The department may also notify those patients of medical studies conducted outside of Rhode Island. (3) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list shall be confidential, exempt from the provisions of Rhode Island Access to Public Information, chapter 2 of title 38, and not subject to disclosure, except to authorized employees of the department as necessary to perform official duties of the department. (i) The department shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the random registry identification number. (j) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one thousand dollar ($1,000) fine, for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, the department employees may notify law enforcement about falsified or fraudulent information submitted to the department. | R.I. Gen. Laws § 21-28.6-6(h)-(j) | 10 | See pages 9-1 and 9-2 http://vcic.vermont.gov/sites/vcic/files/Vermont%20Rules%202012%20v13%20Final%2005172012%20untracked.pdf | 18 V.S.A. Chapter 86 Subchapter 2-9 | 10 | No, but no mandatory registration. | 10 | Yes | Throughout | 10 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | (E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER THIS SECTION SHALL BE: (1) CONFIDENTIAL AND MAY NOT BE REDISSEMINATED; AND (2) USED ONLY FOR THE REGISTRATION PURPOSE AUTHORIZED BY THIS SUBTITLE. | 13–3312. | 8 | yes | Sec.6.NEWSECTION.124D.5 | 7 | no | 0 | No | 0 | No | 0 | No | 0 | (4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes. | ARTICLE X, SECTION 29(d)(4) | 10 | 13. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTIFYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTIFY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE. | S 3363(13) | 10 | (d) All medical records received or maintained by the Department pursuant to this Article are confidential and may not be disclosed to the public. Nothing in this Article is intended to alter the provisions of G.S. 8-53 or G.S. 8-53.1 | 4 | ||||||||||||||
9 | Housing Protections | 7 | No | 0 | A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations. | Ariz. Rev. Stat. § 36-2813 | 7 | No | 0 | No | 0 | (b) Unless required by federal law or required to obtain federal funding: (2) No landlord may refuse to rent a dwelling unit to a person or take action against a tenant solely on the basis of such person's or tenant's status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act | Conn. Gen. Stat § 21a-408p(b)(2) | 7 | No | 0 | 0 | No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations. | Del. Code Ann. Tit 16 §4905A(a)(1) | 7 | No | 0 | (a)(1) No school, employer, or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would put the school, employer, or landlord in violation of federal law or unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or rules. This does not prevent a landlord from prohibiting the smoking of cannabis on the premises. | Public Act 098-0122 § 40(a)(1) | 7 | No | 0 | School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of cannabis on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of cannabis for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises. | Me. Rev. Stat. Tit. 22 §2423-E(3) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 7 | No | 0 | No | 0 | Yes | Sec. 152.32 SubD 3 (pg 16) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||||||||||||||||
10 | Does Not Create New Criminal Penalties for Patients | 7 | None | 7 | No | No | 7 | 7 | No | 7 | (a) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the palliative use of cannabis in order to avoid arrest or prosecution under chapter 420b of the general statutes or any other provision of the general statutes shall be guilty of a class C misdemeanor. | Conn. Gen. Stat § 21a-408g | 5 | “(b) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the person’s manufacture, cultivation, possession, administration, dispensing, distribution, or use of medical cannabis, or manufacture, possession, distrubution, or use of paraphernalia, to avoid arrest or prosecution shall be subject to a criminal fine not to exceed $1,000. The imposition of the fine shall be in addition to any other penalties that may otherwise apply for the making of a false statement or for the manufacture, cultivation, possession, administration, dispensing, distribution, or use of cannabis, or the manufacture, possession, distribution, or use of paraphernalia. | D.C. Code § 7-1671.08(b) | 5 | Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution shall be a class B misdemeanor which may be punishable by up to 6 months incarceration at Level V under §4204 of the Delaware Code and a fine of up to $1,150, as the court deems appropriate which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken pursuant to this act and jurisdiction for prosecution shall be exclusively in Superior Court. | Del. Code Ann. Tit 16 §4919A(v) | 5 | Fraudulent misrepresentation; penalty. (a) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution under this part or chapter 712 shall be a petty misdemeanor and subject to a fine of $500. (b) Notwithstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the issuance of a written certificate by a physician not covered under section 329-126 for the medical use of cannabis shall be a misdemeanor. This penalty shall be in addition to any other penalties that may apply for the non-medical use of cannabis. Nothing in this section is intended to preclude the conviction of any person under section 710-1060 or for any other offense under part V of chapter 710. | Haw. Rev. Stat. §329-128 | 5 | (c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, knowingly making a misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is a petty offense punishable by a fine of up to $1,000, which shall be in addition to any other penalties that may apply for making a false statement or for the use of cannabis other than use undertaken under this Act. | Public Act 098-0122 § 30(c) | 5 | No | 7 | No | 7 | Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following: (a) Enclosed in a case that is carried in the trunk of the vehicle. (b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk. (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. | 3 | Section 15. Unlawful conduct by cardholders -- penalties. (1) The department shall revoke and may not reissue the registry identification card of a person who: (a) is convicted of a drug offense; (b) allows another person to be in possession of the person's: (i) registry identification card; or (ii) mature cannabis plants, seedlings, usable cannabis, or cannabis-infused products; or (c) fails to cooperate with the department concerning an investigation or inspection if the person is registered and cultivating or manufacturing cannabis. (2) A registered cardholder, provider, or cannabis-infused products provider who violates [sections 1 through 23] is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in [sections 1 through 23] or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45. Section 16. Fraudulent representation -- penalties. (1) In addition to any other penalties provided by law, a person who fraudulently represents to a law enforcement official that the person is a registered cardholder, provider, or cannabis-infused products provider is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not to exceed 1 year or a fine not to exceed $1,000, or both. (2) A physician who purposely and knowingly misrepresents any information required under [section 7] is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not to exceed 1 year or a fine not to exceed $1,000, or both. (3) A person convicted under this section may not be registered as a provider or cannabis-infused products provider under [section 5]. | Mont. Code Ann. § 50-46-329 and -330 | 3 | “V. No person who has been convicted of a felony or felony drug-related offense shall be an alternative treatment center agent. A person who is employed by or is an agent, volunteer, principal officer, or board member of an alternative treatment center who violates this paragraph shall be guilty of a violation punishable by a fine of up to $1,000. A subsequent violation of this paragraph shall be a misdemeanor.” AND “XVI.(a) All cannabis dispensed by an alternative treatment center shall include a label specifying the weight of the cannabis and any other information the department requires to appear on the label. The label shall also specify that the cannabis is for therapeutic use and that diversion is a class B felony requiring revocation of one’s registry identification card. | 2013 N.H. Laws 126-W:8(V) and (XIV)(b) | 6 | No | 7 | No | 7 | No | 7 | No | 7 | (5) No person who has been convicted of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense with a sentence or probation may be the principal officer, board member, agent, volunteer, or employee of a compassion center unless the department has determined that the person's conviction was for the medical use of cannabis or assisting with the medical use of cannabis in accordance with the terms and conditions of this chapter. A person who is employed by or is an agent, volunteer, principal officer, or board member of a compassion center in violation of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a misdemeanor. | R.I. Gen. Laws § 21-28.6-12(i)(5) | 5 | No | No | 7 | “(1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place which is open to the view of the general public.” and “(7) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under *RCW 69.51A.010(32)(a), or to backdate such documentation to a time earlier than its actual date of execution.” | Wash. Rev. Code § 69.51A.060(1) and (7) | 5 | Yes, diversion by patients is a felony | Sec. 152.33 SubD 2 (pg 17) | 3 | No | 2 | No | 2 | No | 2 | No | 2 | No | 2 | (b) (1) A person may not distribute, possess, manufacture, or use marijuana that has been diverted from a program approved under this subtitle or from a QUALIFYING patient, A CAREGIVER, A LICENSED GROWER, OR A LICENSED DISPENSARY (2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both. (3) The penalty under this subsection is in addition to any penalties that a person may be subject to for manufacture, possession, or distribution of marijuana under the Criminal Law Article. | 13–3313(b) | 3 | Sec.8.NEWSECTION.124D.7Penalties. | 2 | Yes | (3) PENALTIES.— | 2 | No | 2 | No | 2 | No | 2 | No | 7 | S 179.10 CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE. A PERSON IS GUILTY OF CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE WHEN HE OR SHE IS A PRACTITIONER, AS THAT TERM IS DEFINED IN SUBDIVISION TWELVE OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW, WHO ISSUES A CERTIFICATION WITH KNOWLEDGE OF REASONABLE GROUNDS TO KNOW THAT (I) THE RECIPIENT HAS NO MEDICAL NEED FOR IT, OR (II) IT IS FOR A PURPOSE OTHER THAN TO TREAT A SERIOUS CONDITION AS DEFINED IN SUBDIVISION SEVEN OF SECTION THIRTY-THREE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW. CRIMINAL DIVERSION OF MEDICAL MARIHUANA IN THE FIRST DEGREE IS A CLASS E FELONY. | S 179.10 | 0 | No | 2 | |||||||||||||||||||||||
11 | Organ Transplants | 7 | No | 0 | C. For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care. | Ariz. Rev. Stat. § 36-2813 | 7 | No | 0 | No | 0 | No | 0 | No | 0 | For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a physician, and shall not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. | Del. Code Ann. Tit 16 §4905A(a)(2) | 7 | No | 0 | (2) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of cannabis in accordance with this Act is considered the equivalent of the authorized use of any other medication used at the direction of a physician, and may not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. | Public Act 098-0122 § 40(a)(2) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | For the purposes of medical care, including organ transplants, a qualifying patient’s authorized use of cannabis in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a provider, and shall not constitute the use of an illicit substance. | 2013 N.H. Laws 126-W:2(VII) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 7 | No | 0 | A qualifying patient's medical use of cannabis as authorized by a health care professional may not be a sole disqualifying factor in determining the patient's suitability for an organ transplant, unless it is shown that this use poses a significant risk of rejection or organ failure. This section does not preclude a health care professional from requiring that a patient abstain from the medical use of cannabis, for a period of time determined by the health care professional, while waiting for a transplant organ or before the patient undergoes an organ transplant. | Wash. Rev. Code § 69.51A.110 | 7 | Yes | Sec. 152.32 SubD 3 (pg 16) | 7 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | |||||||||||||||||||||||||||||||
12 | Reciprocity | 5 | No | 0 | C. A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth or insular possession of the united states that allows a visiting qualifying patient to possess or use cannabis for medical purposes in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the department, except that a visiting qualifying patient is not authorized to obtain cannabis from a nonprofit medical cannabis dispensary. | Ariz. Rev. Stat. § 36-2804.03 | 5 | No | 0 | No | 0 | No | 0 | No | 0 | "(c) A visiting qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of cannabis pursuant to this chapter if the visiting qualifying patient does not possess more than 6 ounces of usable cannabis." AND "(j) A registered compassion center or compassion center agent shall only dispense cannabis to a visiting qualifying patient if he or she possesses a valid Delaware registry identification card and if the procedures in sections (h) and (i) are followed." | §4903A(c) and §4919A(j) | 5 | No | 0 | No | 0 | No | 0 | A qualifying patient who is visiting the State from another jurisdiction that authorizes the medical use of cannabis pursuant to a law recognized by the department who possesses a valid written certification as described in section 2423-B from the patient's treating physician and a valid medical cannabis certification from that other jurisdiction and photographic identification or a driver's license from that jurisdiction may engage in conduct authorized for a qualifying patient under this chapter. | Me. Rev. Stat. Tit. 22 §2423-D | 5 | (j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department. | Mich. Comp. Laws § 333.26424(j) | 5 | No, in fact, strict residency requirements "Resident" means an individual who meets the requirements of 1-1-215. (b) An individual is not considered a resident for the purposes of [sections 1 through 23] if the individual: (i) claims residence in another state or country for any purpose; or (ii) is an absentee property owner paying property tax on property in Montana" | Mont. Code Ann. § 50-46-302(15) | 5 | V. A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect as a valid registry identification card issued by the department in this state, provided that: (a) The visiting qualifying patient shall also produce a statement from his or her provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-W:1; and (b) A visiting qualifying patient shall not cultivate or purchase cannabis in New Hampshire or obtain cannabis from alternative treatment centers or from a qualifying New Hampshire patient. | 2013 N.H. Laws 126-W:2(V) | 5 | No | 0 | No | 0 | Recognition of nonresident cards. [Effective April 1, 2014, and through March 31, 2016.] 1. The State of Nevada and the medical cannabis dispensaries in this State which hold valid medical cannabis establishment registration certificates will recognize a nonresident card only under the following circumstances: (a) The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of cannabis; (b) The state or jurisdiction from which the holder or bearer obtained the nonresident card requires, as a prerequisite to the issuance of such a card, that a physician advise the person that the medical use of cannabis may mitigate the symptoms or effects of the person’s medical condition; (c) The nonresident card has an expiration date and has not yet expired; (d) The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Division which sets forth that the holder or bearer is entitled to engage in the medical use of cannabis in his or her state or jurisdiction of residence; and (e) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession of cannabis for medical purposes in this State, as set forth in NRS 453A.200. 2. For the purposes of the reciprocity described in this section: (a) The amount of medical cannabis that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and (b) Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess cannabis for medical purposes in excess of the limits set forth in NRS 453A.200. 3. As used in this section, “nonresident card” means a card or other identification that: (a) Is issued by a state or jurisdiction other than Nevada; and (b) Is the functional equivalent of a registry identification card, as determined by the Division. (Added to NRS by 2013, 3713, effective April 1, 2014) | NRS 453A.364 | 5 | No, but out of state patients may register in OR, per State v Berringer (2010) | 4 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Yes | Sec.4.NEWSECTION.124D.3Neurologistrecommendation——15medicaluseofcannabidiol. | 3 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | |||||||||||||||||||||||||||||
13 | Scheduling | 5 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | Yes | Conn. Gen. Stat § 21a-243 | 3 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | Schedule II | 30-31-6 NMSA 1978 | 3 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | 0 | No | 0 | Removes CBD from schedule in limited circumstances | KRS 218A.010(21)(b)-(c) | 1 | No | 0 | No | 0 | Removes CBD from schedule | Section 1. 961(4)(t) | 1 | No | 0 | No | 0 | no | 0 | No | 0 | No | 0 | Removes CBD in limited circumstances | Section 44-53-110 (27)(a) | 1 | No | 0 | No | 0 | No | 0 | |||||||||||||
14 | 100 | 52 | 95 | 52 | 52 | 64 | 50 | 86 | 37 | 73 | 49 | 81 | 59 | 43 | 73 | 51 | 52 | 57 | 53 | 81 | 49 | 67 | 69 | 12 | 13 | 12 | 7 | 13 | 46 | 17 | 7 | 12 | 12 | 13 | 49 | 40 | 16 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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16 | Access to Medicine | F | D | B | A | D | F | F | F | D | C | C | F | D | F | F | D+ | B | B- | D | C | C | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | F | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Dispensaries and other Consumer Safety & Provider Requirements* | 25 | No | 0 | 11. "nonprofit medical cannabis dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses cannabis or related supplies and educational materials to cardholders. A nonprofit medical cannabis dispensary may receive payment for all expenses incurred in its operation. | Ariz. Rev. Stat. § 36-2801 | 15 | 9 | 18 | 20 | 15 | 15 | 2 | 23 | 21 | Yes | 11 | 0 | 2 | 13 | 12 | 13 | 20 | 17 | 11 | 10 | 6 | 14 | 1 | 1 | 3 | 2 | 1 | 17 | no tax | 1 | no | 4 | Certain state universities can manufacture and dispense, but since CBD is considered scheduled I under federal law, likely unimplementable | 1 | Cannabidiol oil care centers | 6 | 1 | Dispensaries are authorized by the law, called “Medical Marijuana Treatment Center” | ARTICLE X, SECTION 29(b)(5) | 18 | "Registered Organizations" | S 3360(9) | 16 | None, must obtain from another jurisdiction | § 90-113.105(a) | 1 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Personal Cultivation | 25 | (4) possess in the aggregate more than...(B) six cannabis plants, with no more than three mature and flowering plants producing usable cannabis at any one time | AS 17.37.040(a)(4)(B) | 25 | “(ii) if the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate cannabis, twelve cannabis plants contained in an enclosed, locked facility except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.” AND “(f) a designation as to who will be allowed to cultivate cannabis plants for the qualifying patient's medical use if a registered nonprofit medical cannabis dispensary is not operating within twenty-five miles of the qualifying patient's home.” | Ariz. Rev. Stat. § 36-2801(1)(a)(ii) and 36-2804.02(a)(3)(F) | 15 | (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient. | Cal. Health & Safety Code § 11362.77(a) | 25 | (II) No more than six cannabis plants, with three or fewer being mature, flowering plants that are producing a usable form of cannabis. | Colo. Const. Art XVIII, § 14(A)(ii) | 25 | No | 0 | No | 0 | No | 0 | "Adequate supply" means an amount of cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature cannabis plants, four immature cannabis plants, and one ounce of usable cannabis per each mature plant | Haw. Rev. Stat. §329-121 | 25 | No | 0 | Pages 13 – 15 | 105 Code Mass. Rules 725.035 | 15 | Cultivate up to 6 mature cannabis plants for each qualifying patient who has designated the primary caregiver to cultivate cannabis on the patient's behalf, subject to the limitation in subsection 1, paragraph B on the total number of plants authorized per qualifying patient. A primary caregiver may not cultivate cannabis for a patient unless the patient has designated the primary caregiver for that purpose and the patient has not designated a registered dispensary to cultivate cannabis for the patient's medical use. In addition to the cannabis plants otherwise authorized under this paragraph, a primary caregiver may have harvested cannabis plants in varying stages of processing in order to ensure the primary caregiver is able to meet the needs of the primary caregiver's qualifying patients | Me. Rev. Stat. Tit. 22 §2422 | 25 | A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. | Mich. Comp. Laws § 333.26424(a) | 25 | (1) (a) A registered cardholder may possess up to 4 mature plants, 12 seedlings, and 1 ounce of usable cannabis. (b) A provider or cannabis-infused products provider may possess 4 mature plants, 12 seedlings, and 1 ounce of usable cannabis for each registered cardholder who has named the person as the registered cardholder's provider. | Mont. Code Ann. § 50-46-319(1) | 25 | No | 0 | No | 0 | D. “Adequate supply” means an amount of cannabis, derived solely from an intrastate source and in a form approved by the department, possessed by a qualified patient or collectively possessed by a qualified patient and the qualified patient’s primary caregiver, that is determined by the department to be no more than reasonably necessary to ensure the uninterrupted availability of cannabis for a period of three (3) months. An adequate supply shall not exceed six (6) ounces of useable cannabis, and with a personal production license only, four (4) mature plants and twelve (12) seedlings, or a three (3) month supply of topical treatment. A qualified patient and primary caregiver may also possess cannabis seeds. | 7.34.3.7(D) NMAC | 25 | (b) Do not, at any one time, collectively possess, deliver or produce more than: (1) One ounce of usable cannabis; (2) Three mature cannabis plants; and (3) Four immature cannabis plants. | NRS 453A.200(b) | 25 | (2) A person authorized under ORS 475.304 to produce cannabis at a cannabis grow site: (a) May produce cannabis for and provide cannabis to a registry identification cardholder or that person’s designated primary caregiver as authorized under this section. (b) May possess up to six mature plants and up to 24 ounces of usable cannabis for each cardholder or caregiver for whom cannabis is being produced. (c) May produce cannabis for no more than four registry identification cardholders or designated primary caregivers concurrently. (d) Must obtain and display a cannabis grow site registration card issued under ORS 475.304 for each registry identification cardholder or designated primary caregiver for whom cannabis is being produced. (e) Must provide all cannabis produced for a registry identification cardholder or designated primary caregiver to the cardholder or caregiver at the time the person responsible for a cannabis grow site ceases producing cannabis for the cardholder or caregiver. (f) Must return the cannabis grow site registration card to the registry identification cardholder to whom the card was issued when requested to do so by the cardholder or when the person responsible for a cannabis grow site ceases producing cannabis for the cardholder or caregiver. (3) Except as provided in subsections (1) and (2) of this section, a registry identification cardholder, the designated primary caregiver of the cardholder and the person responsible for a cannabis grow site producing cannabis for the registry identification cardholder may possess a combined total of up to six mature plants and 24 ounces of usable cannabis for that registry identification cardholder. (4)(a) A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 cannabis seedlings or starts as defined by rule of the Oregon Health Authority. (b) A person responsible for a cannabis grow site may possess up to 18 cannabis seedlings or starts as defined by rule of the authority for each registry identification cardholder for whom the person responsible for the cannabis grow site is producing cannabis. | Or. Rev. Stat. § 475.320(2) | 25 | 2.8.1 Pursuant to RIGL §21-28.6-4(d), a registered primary caregiver may possess an amount of cannabis which does not exceed twelve (12) mature cannabis plants and two and one-half (2.5) ounces of usable cannabis for each qualifying patient to whom he or she is connected through the Department's registration process established pursuant to these Regulations. 2.8.2 Notwithstanding the provisions of §2.8.1 of these Regulations, and pursuant to RIGL §21-28.6-4(n), no primary caregiver other than a compassion center shall possess an amount of cannabis in excess of twenty-four (24) mature cannabis plants and five (5) ounces of usable cannabis for qualifying patients to whom he or she is connected through the Department's registration process established pursuant to these Regulations. 2.8.3 Pursuant to RIGL §21-28.6-4(a), a registered qualifying patient may possess an amount of cannabis which does not exceed twelve (12) mature cannabis plants and two and one-half (2.5) ounces of usable cannabis. 2.8.4 Pursuant to RIGL §21-28.6-4(e), registered primary caregivers and registered qualifying patients shall be allowed to possess a reasonable amount of unusable cannabis, including up to twelve (12) seedlings, which shall not be counted toward the limits established in §§2.8.1 and 2.8.3 of these Regulations. | R21-28.6-MMP 2.8 | 25 | (10) "Possession limit" means the amount of cannabis collectively possessed between the registered patient and the patient's registered caregiver which is no more than two mature cannabis plants, seven immature plants, and two ounces of usable cannabis. | Vt. Stat. Ann. Tit. 18, § 4472(10) | 25 | (1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis plants and: (i) No more than twenty-four ounces of useable cannabis; (ii) No more cannabis product than what could reasonably be produced with no more than twenty-four ounces of useable cannabis; or (iii) A combination of useable cannabis and cannabis product that does not exceed a combined total representing possession and processing of no more than twenty-four ounces of useable cannabis. (b) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in (a) of this subsection, whether the plants, useable cannabis, and cannabis product are possessed individually or in combination between the qualifying patient and his or her designated provider | Wash. Rev. Code § 69.51A.040(1) | 25 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||||||||
19 | Collective Gardens | 10 | No | 0 | No | No | 0 | Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate cannabis for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. | Cal. Health & Safety Code § 11362.775 | 10 | No | 8 | No | 0 | No | 0 | No | 0 | No | 6 | No | 0 | No | 0 | 9. (REALLOCATED FROM T. 22, §2423-A, sub-§7) Collectives prohibited. Collectives are prohibited under this chapter. A person may not form or participate in a collective. | Me. Rev. Stat. Tit. 22 §2423-A(2)(b) | 6 | 8 | No | 6 | No | 0 | No | 0 | No | 6 | No | 0 | No | 8 | No | 0 | No | 0 | (1) Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering cannabis for medical use subject to the following conditions: (a) No more than ten qualifying patients may participate in a single collective garden at any time; (b) A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; (c) A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy-two ounces of useable cannabis; (d) A copy of each qualifying patient's valid documentation or proof of registration with the registry established in *section 901 of this act, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; and (e) No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden. (2) For purposes of this section, the creation of a "collective garden" means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies, and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of cannabis plants. (3) A person who knowingly violates a provision of subsection (1) of this section is not entitled to the protections of this chapter. | Wash. Rev. Code § 69.51A.085 | 10 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||||||||||||||||||||
20 | Explicit Right to Edibles/Concentrates/Other Forms | 10 | No | 0 | No | 0 | (2) The program shall examine the safety of cannabis in patients with various medical disorders, including cannabis's interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons. | Cal. Health & Safety Code § 11362.9(l)(2) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | No | 0 | No | 0 | See pages 38-41 of HB1. | Public Act 098-0122 § 80 | 10 | 10 | 10 | 10 | Prepared cannabis. "Prepared cannabis" means the dried leaves and flowers of the cannabis plant that require no further processing and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments and other preparations, but does not include the seeds, stalks, leaves that are disposed of and not dried for use and roots of the plant and does not include the ingredients, other than cannabis, in tinctures, ointments or other preparations that include cannabis as an ingredient or food or drink prepared with cannabis as an ingredient for human consumption. | Me. Rev. Stat. Tit. 22 §2422(14) | 10 | No | 0 | (6) (a) "cannabis-infused product" means a product that contains cannabis and is intended for use by a registered cardholder by a means other than smoking. (b) The term includes but is not limited to edible products, ointments, and tinctures. (7) (a) "cannabis-infused products provider" means a Montana resident who meets the requirements of this part and who has applied for and received a registry identification card to manufacture and provide cannabis-infused products for a registered cardholder | Mont. Code Ann. § 50-46-302(6)-(7) | 10 | No | 0 | 7. a. The department shall accept applications from entities for permits to operate as alternative treatment centers, and may charge a reasonable fee for the issuance of a permit under this section. The department shall seek to ensure the availability of a sufficient number of alternative treatment centers throughout the State, pursuant to need, including at least two each in the northern, central, and southern regions of the State. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities. An alternative treatment center shall be authorized to acquire a reasonable initial and ongoing inventory, as determined by the department, of cannabis seeds or seedlings and paraphernalia, possess, cultivate, plant, grow, harvest, process, display, manufacture, deliver, transfer, transport, distribute, supply, sell, or dispense cannabis, or related supplies to qualifying patients or their primary caregivers who are registered with the department pursuant to section 4 of this act. An alternative treatment center shall not be limited in the number of strains of medical cannabis cultivated, and may package and directly dispense cannabis to qualifying patients in dried form, oral lozenges, topical formulations, or edible form, or any other form as authorized by the commissioner. Edible form shall include tablets, capsules, drops or syrups and any other form as authorized by the commissioner. Edible forms shall be available only to qualifying patients who are minors. Applicants for authorization as nonprofit alternative treatment centers shall be subject to all applicable State laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization by the federal Internal Revenue Service. | N.J. Stat. § 24:6I-7(a) | 10 | No | 0 | “Edible cannabis products” defined. [Effective April 1, 2014.] “Edible cannabis products” means products that: 1. Contain cannabis or an extract thereof; 2. Are intended for human consumption by oral ingestion; and 3. Are presented in the form of foodstuffs, extracts, oils, tinctures and other similar products. | NRS 453A.101 | 10 | No | 0 | No | 0 | (a) A dispensary registered under this section may: (1) Acquire, possess, cultivate, manufacture, transfer, transport, supply, sell, and dispense cannabis, cannabis-infused products, and cannabis-related supplies and educational materials for or to a registered patient who has designated it as his or her dispensary and to his or her registered caregiver for the registered patient's use for symptom relief. For purposes of this section, "transport" shall mean the movement of cannabis or cannabis-infused products from registered growing locations to their associated dispensaries, between dispensaries, or as otherwise allowed under this subchapter. (A) cannabis-infused products shall include tinctures, oils, solvents, and edible or potable goods. Only the portion of any cannabis-infused product that is attributable to cannabis shall count toward the possession limits of the dispensary and the patient. The department of public safety shall establish by rule the appropriate method to establish the weight of cannabis that is attributable to cannabis-infused products. | Vt. Stat. Ann. Tit. 18, § 4474e(a)(1)(A) | 10 | No | 0 | Yes, in fact, "other forms" are that's allowed, no dried flowers; however, the law does not explicitly allow for ebibles unless they are beverages or otherwise in "liquid" form | Sec. 152.22 SubD 6 | 10 | No | 1 | No | 1 | Only allows CBD oil | Section 3(1) | 1 | Only "hemp extracts" | 1 | No | 1 | “DISPENSARY” MEANS AN ENTITY LICENSED UNDER THIS SUBTITLE THAT ACQUIRES, POSSESSES, PROCESSES, TRANSFERS, TRANSPORTS, SELLS, DISTRIBUTES, DISPENSES, OR ADMINISTERS MARIJUANA, PRODUCTS CONTAINING MARIJUANA, RELATED SUPPLIES, RELATED PRODUCTS INCLUDING FOOD, TINCTURES, AEROSOLS, OILS, OR OINTMENTS, OR EDUCATIONAL MATERIALS FOR USE BY A QUALIFYING PATIENT OR CAREGIVER. | 13–3301(f) | 10 | No | 1 | no | 1 | Only allows access to "cannabis oil" | TCA Section 39-17-402(16) | 1 | Only allows access to "hemp extracts" | 1 | Yes, but severe THC/CBD restrictions exist | Section 44-53-110 (27)(a) and 44-53-1810(3) | 1 | (5) “Medical Marijuana Treatment Center” means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department. | ARTICLE X, SECTION 29(b)(5) | 10 | As determined by the Commissioner | 8 | Only hemp extract | § 90-94.1 | 1 | |||||||||||||||||||
21 | Does Not Impose Limits or Bans on THC | 10 | No | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 5 | No | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | Max 3% | Section 2(a)(2) | 2 | THC not permited | KRS 218A.010(21) | 0 | No more than 0.5% | Section 3(1) | 1 | Max 0.3% | Section 58-37-4.3(1)(a) | 1 | Not allowed at at, law explicitly excluded CBD from definition of THC | Section 1. 961(4)(t) | 0 | No | 10 | 3% max | 2 | 0.8% max | Section 2(1)(b) | 0 | Max 0.9% | TCA Section 39-17-402(16) | 0 | Max 0.3% THC | 0 | Max 0.9% | Section 44-53-110 (27)(a) and 44-53-1810(3) | 0 | Yes | 10 | 10 mg per does | S 3360(15) | 8 | 0.3% max | 0 | ||||||||||
22 | Does Not Impose Minimum CBD Requirements | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 8 | No | 1 | Must be at least 15% | Section 3(1) | 0 | Min. 15% | Section 58-37-4.3(1)(b) | 0 | None, but may not produce a "psychoactive effect" | Section 1. 961(4)(t) | 1 | No | 10 | “Cannabidiol”meansanonpsychoactivecannabinoidfound16intheplantCannabissativaL.orCannabisindicaorany17otherpreparationthereofthatisessentiallyfreefromplant18material,andhasatetrahydrocannabinollevelofnomorethan19threepercent. | 1 | 10% min | Section 2(1)(b) | 0 | No | 1 | Min. 5% CBD | 0 | Min 15% for severe forms of epilepsy; all other conditions must be at least 98% | Section 44-53-110 (27)(a) and 44-53-1810(3) | 0 | Yes | 10 | No | 10 | 10% min | 0 | |||||||||||||||||||||||||||||||||
23 | Allows Access to Dried Flowers | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | "Medical cannabis" means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or (4) any other method, excluding smoking, approved by the commissioner. | Sec. 152.22 SubD 6 | 0 | (2) CANNABIDIOL (CBD). [13956-29-1]. A (nonpsychoactive) cannabinoid found in the plant Cannabis sativa L. or any other preparation thereof that is essentially free from plant material, and has a THC level of no more than 3 percent. | Sec. 2(a)(2). | 0 | De facto ban, as no THC is allowed | KRS 218A.010(21) | 0 | (1) "CBD oil" means processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol, or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (0.5%) of tetrahydrocannabinol. | Section 3(1) | 0 | Exemption for use or possession of hemp extract. (1) As used in this section, "hemp extract" means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that: (a) is composed of less than 0.3% tetrahydrocannabinol by weight; (b) is composed of at least 15% cannabidiol by weight; and (c) contains no other psychoactive substance. | 58-37-4.3(1) | 0 | De facto ban, as no THC is allowed | Section 1. 961(4)(t) | 0 | Yes | 10 | “Cannabidiol”meansanonpsychoactivecannabinoidfound16intheplantCannabissativaL.orCannabisindicaorany17otherpreparationthereofthatisessentiallyfreefromplant18material,andhasatetrahydrocannabinollevelofnomorethan19threepercent. | 0 | yes | Section 2(1)(b) | 10 | No | 0 | No | 0 | No | 0 | Yes | 10 | TBD, but smoking of cannabis explicitly prohibited | S 3360(1) | 3 | No | 0 | ||||||||||||||||||||||||||||||
24 | 100 | 55 | 60 | 84 | 91 | 60 | 55 | 45 | 63 | 63 | 76 | 82 | 63 | 73 | 43 | 47 | 74 | 85 | 80 | 66 | 75 | 71 | 44 | 12 | 3 | 5 | 4 | 3 | 57 | 5 | 15 | 3 | 7 | 2 | 58 | 45 | 2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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26 | Ease of Navigation | C | C | A- | B- | D | C+ | C | B | D | B | B- | B | C | B | C+ | A- | C | B | B | C | B+ | C | F | F | F | F | F | D+ | F | F | F | F | F | B+ | D | F | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
27 | Comprehensive Qualifying Conditions | 25 | (4) "debilitating medical condition" means (A) cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for any of these conditions; (B) any chronic or debilitating disease or treatment for such diseases, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of cannabis: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; | ne | 20 | 3. "debilitating medical condition" means one or more of the following: (a) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis c, amyotrophic lateral sclerosis, crohn's disease, agitation of alzheimer's disease or the treatment of these conditions. (b) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis. | 36-2801(3) | 20 | (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which cannabis provides relief. | Cal. Health & Safety Code § 11362.5(b)(1) | 25 | (a) "Debilitating medical condition" means: (I) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for such conditions; (II) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of cannabis: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; | Colo. Const. Art XVIII, § 14(1)(a) | 20 | (2) "Debilitating medical condition" means (A) cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn's disease, posttraumatic stress disorder, or (B) any medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act | Conn. Gen. Stat § 21a-408(2) | 15 | “(17) “Qualifying medical condition” means: “(A) Human immunodeficiency virus; “(B) Acquired immune deficiency syndrome; “(C) Glaucoma; “(D) Conditions characterized by severe and persistent muscle spasms, such as multiple sclerosis; “(E) Cancer; or “(F) Any other condition, as determined by rulemaking, that is: “(i) Chronic or long-lasting; “(ii) Debilitating or interferes with the basic functions of life; and “(iii) A serious medical condition for which the use of medical cannabis is beneficial: “(I) That cannot be effectively treated by any ordinary medical or surgical measure; or “(II) For which there is scientific evidence that the use of medical cannabis is likely to be significantly less addictive than the ordinary medical treatment for that condition. “(18) “Qualifying medical treatment” means: “(A) Chemotherapy; “(B) The use of azidothymidine or protease inhibitors; “(C) Radiotherapy; or “(D) Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical cannabis in the same manner as a qualifying medical condition | D.C. Code § 7-1671.01(17)-(18) | 17 | "Debilitating medical condition" means one or more of the following: (1) cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, post-traumatic stress disorder, or the treatment of these conditions; (2) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: 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; severe nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; (3) glaucoma, when the written certification is signed by a properly licensed ophthalmologist subject to Chapter 17, Title 24 of the Delaware Code | Del. Code Ann. Tit 16 §4902A(c)(1)-(3) | 20 | "Debilitating medical condition" means: (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions; (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: (A) Cachexia or wasting syndrome; (B) Severe pain; (C) Severe nausea; (D) Seizures, including those characteristic of epilepsy; or (E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease | Haw. Rev. Stat. §329-121 | 20 | (1) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren's Syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, or the treatment of these conditions | Public Act 098-0122 § 10(h)(1) | 18 | “Debilitating medical condition” shall mean: Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a qualifying patient's physician. | Ch. 369 of the acts of 2012, Section 1(C) | 25 | A. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail-patella syndrome or the treatment of these conditions; [2009, c. 1, §5 (NEW).] B. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months; [2009, c. 1, §5 (NEW).] C. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or [2009, c. 1, §5 (NEW).] | 20 | (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions. (2) A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. | Mich. Comp. Laws § 333.26423(a)(1)-(2) | 20 | (2) "Debilitating medical condition" means: (a) cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status; (b) cachexia or wasting syndrome; (c) severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician and by: (i) objective proof of the etiology of the pain, including relevant and necessary diagnostic tests that may include but are not limited to the results of an x-ray, computerized tomography scan, or magnetic resonance imaging; or (ii) confirmation of that diagnosis from a second physician who is independent of the treating physician and who conducts a physical examination; (d) intractable nausea or vomiting; (e) epilepsy or an intractable seizure disorder; (f) multiple sclerosis; (g) Crohn's disease; (h) painful peripheral neuropathy; (i) a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; (j) admittance into hospice care in accordance with rules adopted by the department | Mont. Code Ann. § 50-46-302(2)(a)-(j) | 20 | (1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, agitation of Alzheimer’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or one or more injuries that significantly interferes with daily activities as documented by the patient’s provider; and (2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, or severe, persistent muscle spasms. | 2013 N.H. Laws 126-W:1(IX)(a)(1)-(2) | 20 | "Debilitating medical condition" means: (1)one of the following conditions, if resistant to conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma; (2)one of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof: positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or cancer; (3)amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn's disease; (4)terminal illness, if the physician has determined a prognosis of less than 12 months of life | N.J. Stat. § 24:6I-3 | 15 | B. "debilitating medical condition" means: (1) cancer; (2) glaucoma; (3) multiple sclerosis; (4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity; (5) epilepsy; (6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; (7) admitted into hospice care in accordance with rules promulgated by the department; or (8) any other medical condition, medical treatment or disease as approved by the department; | N.M. Stat. § 26-2B-3(B) | 20 | “Chronic or debilitating medical condition” means: 1. Acquired immune deficiency syndrome; 2. Cancer; 3. Glaucoma; 4. A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following: (a) Cachexia; (b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis; (c) Seizures, including, without limitation, seizures caused by epilepsy; (d) Severe nausea; or (e) Severe pain; | NRS 453A.050 | 20 | (3) “Debilitating medical condition” means: (a) Cancer, glaucoma, agitation due to Alzheimer’s disease, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions; (b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following: (A) Cachexia; (B) Severe pain; (C) Severe nausea; (D) Seizures, including but not limited to seizures caused by epilepsy; or (E) Persistent muscle spasms, including but not limited to spasms caused by multiple Sclerosis | Or. Rev. Stat. § 475.302(3)(a) and (b) | 20 | (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, Hepatitis C, or the treatment of these conditions; (ii) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or Crohn's disease; or agitation of Alzheimer's Disease | R.I. Gen. Laws § 21-28.6-3(i)-(ii) | 20 | (4) "Debilitating medical condition," provided that, in the context of the specific disease or condition described in subdivision (A) or (B) of this subdivision (4), reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms, means: (A) cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or (B) a disease, medical condition, or its treatment that is chronic, debilitating, and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome; severe pain; severe nausea; or seizures. | Vt. Stat. Ann. Tit. 18, § 4472(4) | 20 | (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or (d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications | Wash. Rev. Code § 69.51A.010(6)(a)-(f) | 20 | Subd. 14. Qualifying medical condition. "Qualifying medical condition" means a diagnosis of any of the following conditions: (1) cancer, if the underlying condition or treatment produces one or more of the following: (i) severe or chronic pain; (ii) nausea or severe vomiting; or (iii) cachexia or severe wasting; (2) glaucoma; (3) human immunodeficiency virus or acquired immune deficiency syndrome; (4) Tourette's syndrome; (5) amyotrophic lateral sclerosis; (6) seizures, including those characteristic of epilepsy; (7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis; (8) Crohn's disease; (9) terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following: (i) severe or chronic pain; (ii) nausea or severe vomiting; or (iii) cachexia or severe wasting; or (10) any other medical condition or its treatment approved by the commissioner. | 18 | "Debilitating epileptic condition" only | Section 2(a)(3) | 5 | No restrictions | KRS 218A.010(21)(b)-(c) | 15 | Only allows for "debilitating epileptic condition or related illness" | Section 3(4)(a)(i) | 5 | Only allows "intractable epilepsy" | Section 26-55-102(3) | 5 | "Seizure disorder" only | Section 2 961.38(1n) | 5 | No "automatic" conditions, as physicians are only allowed to recommend for conditions they apply for. (C) THE COMMISSION IS ENCOURAGED TO APPROVE PHYSICIAN APPLICATIONS FOR THE FOLLOWING MEDICAL CONDITIONS: (1) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION THAT RESULTS IN A PATIENT BEING ADMITTED INTO HOSPICE OR RECEIVING PALLIATIVE CARE; OR (2) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR THE TREATMENT OF A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION THAT PRODUCES: (I) CACHEXIA, ANOREXIA, OR WASTING SYNDROME; (II) SEVERE OR CHRONIC PAIN; (III) SEVERE NAUSEA; (IV) SEIZURES; OR (V) SEVERE OR PERSISTENT MUSCLE SPASMS. (D) THE COMMISSION MAY APPROVE APPLICATIONS THAT INCLUDE ANY OTHER CONDITION THAT IS SEVERE AND | 13–3307(c) | 20 | “Intractable epilepsy” only | Sec. 3 | 5 | (2) PHYSICIAN ORDERING.—Effective January 1, 2015, a 77 physician licensed under chapter 458 or chapter 459 who has 78 examined and is treating a patient suffering from cancer or a 79 physical medical condition that chronically produces symptoms of 80 seizures or severe and persistent muscle spasms may order for 81 the patient’s medical use low-THC cannabis to treat such 82 disease, disorder, or condition or to alleviate symptoms of such 83 disease, disorder, or condition, if no other satisfactory 84 alternative treatment options exist for that patient and all of 85 the following conditions apply: | 10 | "intractable seizures" only | TCA Section 39-17-402(16) | 1 | ""Intractable epilepsy" only | 192.945 1.(4) | 1 | Only authorizes physicians to recommend for severe seizure disorders, other conditions only allowed if an AMC conducts a study | 1 | 1) “Debilitating Medical Condition” means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. | ARTICLE X, SECTION 29(b)(1) | 25 | (A) "SERIOUS CONDITION" MEANS: (I) HAVING ONE OF THE FOLLOWING SEVERE DEBILITATING OR LIFE-THREATEN- ING CONDITIONS: CANCER, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AMYOTROPHIC LATERAL SCLER- OSIS, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS TISSUE OF THE SPINAL CORD WITH OBJECTIVE NEUROLOGICAL INDICATION OF INTRACTABLE SPASTICITY, EPILEPSY, INFLAMMATORY BOWEL DISEASE, NEUROPA- THIES, HUNTINGTON'S DISEASE, OR AS ADDED BY THE COMMISSIONER; AND (II) ANY OF THE FOLLOWING CONDITIONS WHERE IT IS CLINICALLY ASSOCIATED WITH, OR A COMPLICATION OF, A CONDITION UNDER THIS PARAGRAPH OR ITS TREATMENT: CACHEXIA OR WASTING SYNDROME; SEVERE OR CHRONIC PAIN; SEVERE NAUSEA; SEIZURES; SEVERE OR PERSISTENT MUSCLE SPASMS; OR SUCH CONDITIONS AS ARE ADDED BY THE COMMISSIONER. (B) NO LATER THAN EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL DETERMINE WHETHER TO ADD THE FOLLOWING SERIOUS CONDITIONS: ALZHEIMER'S, MUSCULAR DYSTROPHY, DYSTONIA, POST-TRAUMATIC STRESS DISORDER AND RHEUMATOID ARTHRITIS. | S 3360(7) | 15 | (f) Intractable Epilepsy. – A seizure disorder that, as determined by a neurologist, does not respond to three or more treatment options overseen by the neurologist. | § 90-113.101(f) | 1 | |||||
28 | Adding New Conditions | 10 | Not later than August 31, 1999, the department shall adopt regulations under AS 44.62 (Administrative Procedure Act) governing the manner in which it may consider adding debilitating medical conditions to the list provided in AS 17.37.070 . After the adoption of the regulations, the department shall also accept for consideration physician or patient initiated petitions to add debilitating medical conditions to the list provided in AS 17.37.070 and, after hearing, shall approve or deny the petitions within 180 days of submission. The denial of a petition shall be considered a final agency action subject to judicial review. | AS 17.37.060 | 10 | (c) any other medical condition or its treatment added by the department pursuant to section 36-2801.01. | 36-2801(3) | 10 | Not necessarily, per 11362.5(b)(1). | 10 | (III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section. | Colo. Const. Art XVIII, § 14(1)(a)(iii) | 10 | (B) any medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act | Conn. Gen. Stat § 21a-408(2) | 10 | (F) Any other condition, as determined by rulemaking, that is: “(i) Chronic or long-lasting; “(ii) Debilitating or interferes with the basic functions of life; and “(iii) A serious medical condition for which the use of medical cannabis is beneficial: “(I) That cannot be effectively treated by any ordinary medical or surgical measure; or “(II) For which there is scientific evidence that the use of medical cannabis is likely to be significantly less addictive than the ordinary medical treatment for that condition.” AND “(D) Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical cannabis in the same manner as a qualifying medical condition” | D.C. Code § 7-1671.01(17)(f) and (18)(D) | 10 | any other medical condition or its treatment added by the Department, as provided for in §4906A | Del. Code Ann. Tit 16 §4902A(c)(4) | 10 | (3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or potentially qualifying patient. | Haw. Rev. Stat. §329-121(3) | 10 | [A]ny other debilitating medical condition or its treatment that is added by the Department of Public Health by rule as provided in Section 45. | Public Act 098-0122 § 10(h)(2) | 10 | Not necessary, per definition of debilitating medical condition. | 10 | D. Any other medical condition or its treatment as provided for in section 2424, subsection 2. | Me. Rev. Stat. Tit. 22 §2422(2) | 10 | (3) Any other medical condition or its treatment approved by the department, as provided for in section 5(a). | Mich. Comp. Laws § 333.26423(a)(3) | 10 | Must be approved by legislature | Mont. Code Ann. § 50-46-302(2)(k) | 8 | (b) The department may include a medical condition that is not listed in subparagraph (a) that the department determines, on a case by case basis, is severely debilitating or terminal, based upon the written request of a provider who furnishes written certification to the department. | 2013 N.H. Laws 126-W:1(IX)(a)(3) | 10 | or (5)any other medical condition or its treatment that is approved by the department by regulation. | N.J. Stat. § 24:6I-3 | 10 | see above | N.M. Stat. § 26-2B-3(B)(8) | 10 | 5. Any other medical condition or treatment for a medical condition that is: (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710. | NRS 453A.050(5) | 10 | (c) Any other medical condition or treatment for a medical condition adopted by the authority by rule or approved by the authority pursuant to a petition submitted pursuant to ORS 475.334 | Or. Rev. Stat. § 475.302(3)(c) | 10 | (iii) Any other medical condition or its treatment approved by the department, as provided for in § 21-28.6-5. | R.I. Gen. Laws § 21-28.6-3(3)(iii) | 10 | No | 7 | (g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter. | Wash. Rev. Code § 69.51A.010(6)(g) | 10 | Strict rules, can be added by the Commissioner, but rejected by the legislature, only can be done once per year. | 8 | No | 0 | No | 2 | No | 0 | No | 0 | No | 0 | Not necessary, per MD's condition language. Doctors must submit a new application if they wish to recommedn for additional conditions | 8 | no | 0 | no | 0 | No | 0 | No | 0 | no | 0 | Not necesssary per definition of "debilitating medical condition" | ARTICLE X, SECTION 29(b)(1) | 10 | Commissioner may add new conditions, process TBD | S 3360(7) | 8 | No | 0 | |||||||||||||||||
29 | Reasonable Access For Minors | 10 | No | 10 | B. The department may not issue a registry identification card to a qualifying patient who is under the age of eighteen unless: 1. The qualifying patient's physician has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian responsible for health care decisions for the qualifying patient. 2. A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from two physicians. 3. The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to: (a) allow the qualifying patient's medical use of cannabis. (b) serve as the qualifying patient's designated caregiver. (c) control the acquisition of the cannabis, the dosage and the frequency of the medical use of cannabis by the qualifying patient. | 36-2804.03(b) | 10 | None | 10 | (6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of cannabis unless: (a) Two physicians have diagnosed the patient as having a debilitating medical condition; (b) One of the physicians referred to in paragraph (6) (a) has explained the possible risks and benefits of medical use of cannabis to the patient and each of the patient's parents residing in Colorado; (c) The physicians referred to in paragraph (6) (b) has provided the patient with the written documentation, specified in subparagraph (3) (b) (I); (d) Each of the patient's parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of cannabis; (e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver; (f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency; (g) The state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary care-giver; (h) The patient and primary care-giver collectively possess amounts of cannabis no greater than those specified in subparagraph (4) (a) (I) and (II); and (i) The primary care-giver controls the acquisition of such cannabis and the dosage and frequency of its use by the patient. | Colo. Const. Art XVIII, § 14(6) | 10 | (10) "Qualifying patient" means a person who is eighteen years of age or older, is a resident of Connecticut and has been diagnosed by a physician as having a debilitating medical condition. | Conn. Gen. Stat § 21a-408(10) | 0 | A qualifying patient who is a minor may possess and administer medical cannabis only if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian: “(1) Understands the qualifying medical condition or qualifying medical treatment of the minor; “(2) Understands the potential benefits and potential adverse effects of the use of medical cannabis, generally, and, specifically, in the case of the minor; “(3) Consents to the use of medical cannabis for the treatment of the minor's qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and “(4) Consents to, or designates another adult to, serve as the caregiver for the qualifying patient and the caregiver controls the acquisition, possession, dosage, and frequency of use of medical cannabis by the qualifying patient | D.C. Code § 7-1671.02(e) | 10 | The Department shall not issue a registry identification card to a qualifying patient who is younger than 21 years of age. | Del. Code Ann. Tit 16 §4909A(b) | 0 | No | 10 | (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:(3) Using cannabis: (G) knowingly in close physical proximity to anyone under the age of 18 years of age; | Public Act 098-0122 § 30(a)(3)(G) | 0 | “A qualifying patient who is under 18 years of age and has been diagnosed by two Massachusetts licensed certifying physicians, at least one of whom is a board-certified pediatrician or a board-certified pediatric subspecialist, with a debilitating life-limiting illness, may receive a written certification, provided however that the physicians may certify a qualifying patient who is under 18 years of age who has a debilitating medical condition that is not a life-limiting illness if those physicians determine that the benefits of the medical use of cannabis outweigh the risks. This must include a discussion of the potential negative impacts on neurological development with the parent or legal guardian of the qualifying patient, written consent of the parent or legal guardian, and documentation of the rationale in the medical record and the written certification.” and “(A) To obtain a registration card, a qualifying patient shall submit, in a form and manner determined by the Department, the following: (1) The qualifying patient’s full name, date of birth, address, telephone number, and email address if any, and a statement indicating his or her age and that his or her primary residence is in Massachusetts: (a) If the qualifying patient is under 18 years of age, an attestation from a parent or legal guardian granting permission for the child to register with the Department; and (b) If the qualifying patient is under 18 years of age, that qualifying patient must have a designated personal caregiver, who shall be his or her parent or legal guardian. | 105 Code Mass. Rules 725.010(J) And 725.015(A)(1) | 10 | Minor qualifying patient. Prior to providing written certification for the medical use of cannabis by a minor qualifying patient under this section, a physician, referred to in this subsection as "the treating physician," shall inform the minor qualifying patient and the parent or legal guardian of the patient of the risks and benefits of the medical use of cannabis and that the patient may benefit from the medical use of cannabis. Except with regard to a minor qualifying patient who is eligible for hospice care, prior to providing a written certification under this section, the treating physician shall consult with a qualified physician, referred to in this paragraph as "the consulting physician," from a list of physicians who may be willing to act as consulting physicians maintained by the department that is compiled by the department after consultation with statewide associations representing licensed medical professionals. The consultation between the treating physician and the consulting physician may consist of examination of the patient or review of the patient's medical file. The consulting physician shall provide an advisory opinion to the treating physician and the parent or legal guardian of the minor qualifying patient concerning whether the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition. If the department or the consulting physician does not respond to a request by a treating physician within 10 days of receipt of the request, the treating physician may provide written certification for treatment without consultation with another physician. | Me. Rev. Stat. Tit. 22 §2423-B(2) | 10 | (b) The department shall not issue a registry identification card to a qualifying patient who is under the age of 18 unless: (1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marihuana to the qualifying patient and to his or her parent or legal guardian; (2) The qualifying patient's parent or legal guardian submits a written certification from 2 physicians; and (3) The qualifying patient's parent or legal guardian consents in writing to: (A) Allow the qualifying patient's medical use of marihuana; (B) Serve as the qualifying patient's primary caregiver; and (C) Control the acquisition of the marihuana, the dosage, and the frequency of the medical use of marihuana by the qualifying patient. | Mich. Comp. Laws § 333.26426(b) | 10 | http://leg.mt.gov/bills/mca/50/46/50-46-307.htm | 50-46-307 | 10 | The department shall not issue a registry identification card to an applicant under 18 years of age who is applying as a qualifying patient unless: (a) A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from 2 providers, one of whom shall be a pediatrician. (b) The applicant’s provider has explained the potential risks and benefits of the therapeutic use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the applicant. (c) The custodial parent or legal guardian with responsibility for health care decisions for the applicant consents in writing to: (1) Allow the applicant’s therapeutic use of cannabis; and (2) Serve as the applicant’s designated caregiver and control the acquisition of the cannabis and the frequency of the therapeutic use of cannabis by the applicant. (d) The custodial parent or legal guardian completes an application in accordance with the requirements of paragraph I on behalf of the applicant. | 2013 N.H. Laws 126-W:4(V) | 10 | b. The provisions of subsection a. of this section shall not apply to a qualifying patient who is a minor unless the custodial parent, guardian, or person who has legal custody of the minor receives from the physician an explanation of the potential risks and benefits of the medical use of cannabis and consents in writing that the minor patient has that person's permission for the medical use of cannabis and that the person will control the acquisition and possession of the medical cannabis and any related paraphernalia from the alternative treatment center. The physician shall document the explanation of the potential risks and benefits in the minor patient’s medical record | N.J. Stat. § 24:6I-5(b) | 10 | C. Subsection A of this section shall not apply to a qualified patient under the age of eighteen years, unless: (1) the qualified patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualified patient and to a parent, guardian or person having legal custody of the qualified patient; and (2) a parent, guardian or person having legal custody consents in writing to: (a) allow the qualified patient's medical use of cannabis; (b) serve as the qualified patient's primary caregiver; and (c) control the dosage and the frequency of the medical use of cannabis by the qualified patient. | N.M. Stat. § 26-2B-4(C) | 10 | 3. The Division or its designee shall issue a registry identification card to a person who is under 18 years of age if: (a) The person submits the materials required pursuant to subsection 2; and (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that: (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of cannabis; (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of cannabis by the person under 18 years of age for medical purposes; (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of cannabis and the dosage and frequency of use by the person under 18 years of age. | NRS 453A.210(3) | 10 | (3) The authority shall issue a registry identification card to a person who is under 18 years of age if the person submits the materials required under subsection (2) of this section, and the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement that: (a) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of cannabis; (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of cannabis by the person under 18 years of age for medical purposes; (c) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and (d) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of cannabis and the dosage and frequency of use by the person under 18 years of age. | Or. Rev. Stat. § 475.309(3) | 10 | (b) The department shall not issue a registry identification card to a qualifying patient under the age of eighteen (18) unless: (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualifying patient and to a parent, guardian or person having legal custody of the qualifying patient; and (2) A parent, guardian or person having legal custody consents in writing to: (i) Allow the qualifying patient's medical use of cannabis; (ii) Serve as one of the qualifying patient's primary caregivers; and (iii) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient. | R.I. Gen. Laws § 21-28.6-6(b) | 10 | (b) The department of public safety shall review applications to become a registered patient using the following procedures: (1) A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department. If the patient is under the age of 18, the application must be signed by both the patient and a parent or guardian. The application shall require identification and contact information for the patient and the patient's registered caregiver applying for authorization under section 4474 of this title, if any, and the patient's designated dispensary under section 4474e of this title, if any. The applicant shall attach to the application a medical verification form developed by the department pursuant to subdivision (2) of this subsection. | Vt. Stat. Ann. Tit. 18, § 4473(b) | 10 | No | 10 | Under 18 can be patients if parent/guardian is caregiver | 10 | Yes | 6 | Yes | 6 | Yes | 6 | Under 18 allowed with parental consent | Section 26-55-103(2) | 6 | No | 6 | (II) A QUALIFYING PATIENT UNDER THE AGE OF 18 YEARS MAY OBTAIN MEDICAL MARIJUANA ONLY THROUGH THE QUALIFYING PATIENT’S CAREGIVER. | 13–3307(e)(5)(ii) | 10 | Yes | Sec. 10 | 6 | If a patient is younger than 18 years 90 of age, a second physician must concur with this determination, 91 and such determination must be documented in the patient’s 92 medical record | 6 | No restrictions | 6 | Yes | 6 | yes | 6 | Somewhat vague, as patients under the age of 21 cannot be cardholders, but they can be qualifying patients; however, a subsequent regulation from the Department could easily clarify. Bottom line, minors can be qualified patients. | ARTICLE X, SECTION 29(b)(3) and (9) | 10 | 3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN: (A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE. (B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR AVAILABLE. | S 3363(3) | 10 | Yes | 6 | |||||||||||||||
30 | Reasonable Caregiver Background Check Requirements | 5 | (d) A person may be listed under this section as the primary caregiver or alternate caregiver for a patient if the person submits a sworn statement on a form provided by the department that the person (1) is at least 21 years of age; (2) has never been convicted of a felony offense under AS 11.71 or AS 11.73 or a law or ordinance of another jurisdiction with elements similar to an offense under AS 11.71 or AS 11.73; and (3) is not currently on probation or parole from this or another jurisdiction. | AS 17.37.010(d) | 4 | “5. "designated caregiver" means a person who: (c) has not been convicted of an excluded felony offense.” AND “7. "excluded felony offense" means: (a) a violent crime as defined in section 13-901.03, subsection b, that was classified as a felony in the jurisdiction where the person was convicted. (b) a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include: (i) an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier. (ii) an offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811 except that the conduct occurred before the effective date of this chapter or was prosecuted by an authority other than the state of arizona.” | 36-2801(5), (7) | 4 | No | 5 | No | 5 | No | 5 | No | 5 | (b) The Department shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if: (1) the designated caregiver does not meet the requirements of §4902A(e) (2) the applicant did not provide the information required; (3) the designated caregiver previously had a registry identification card revoked; or (4) the applicant or the designated caregiver provides false or falsified information. (c) The Department shall conduct a background check of the prospective designated caregiver in order to carry out this provision. | Del. Code Ann. Tit 16 §4910A(b)-(c) | 4 | No | 5 | (i) "Designated caregiver" means a person who: (1) is at least 21 years of age; (2) has agreed to assist with a patient's medical use of cannabis; (3) has not been convicted of an excluded offense; and (4) assists no more than one registered qualifying patient with his or her medical use of Cannabis. | Public Act 098-0122 § 10(i) | 3 | Pages 10-12 | 105 Code Mass. Rules 725.020 | 4 | Primary caregiver. "Primary caregiver" means a person, a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a qualifying patient in accordance with section 2423-A, subsection 2. A person who is a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. | Me. Rev. Stat. Tit. 22 §2422(8) | 4 | (g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs | Mich. Comp. Laws § 333.26423(g) | 4 | 5 | “Designated caregiver” means an individual who: (a) Is at least 21 years of age; (b) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients; (c) Has never been convicted of a felony or any felony drug-related offense; and (d) Possesses a valid registry identification card issued pursuant to RSA 126-W:4. | 2013 N.H. Laws 126-W:1(VI) | 3 | "Primary caregiver" or "caregiver" means a resident of the State who: a.is at least 18 years old; b.has agreed to assist with a registered qualifying patient's medical use of cannabis, is not currently serving as primary caregiver for another qualifying patient, and is not the qualifying patient's physician; c. has never been convicted of possession or sale of a controlled dangerous substance, unless such conviction occurred after the effective date of this act and was for a violation of federal law related to possession or sale of cannabis that is authorized under this act; d. has registered with the department pursuant to section 4 of this act, and has satisfied the criminal history record background check requirement of section 4 of this act; and e. has been designated as primary caregiver on the qualifying patient's application or renewal for a registry identification card or in other written notification to the department. | N.J. Stat. § 24:6I-3 | 3 | No | 5 | No | 5 | “Designated primary caregiver” means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person’s application for a registry identification card or in other written notification to the authority. “Designated primary caregiver” does not include the person’s attending physician. | Or. Rev. Stat. § 475.302(5) | 4 | Primary Caregiver Eligibility. A natural person may not serve as a primary caregiver if he or she has a felony drug conviction, unless the Department waives this restriction in respect to a specific individual at the Department's discretion. Additionally, the Department shall allow the person to serve as a primary caregiver if the Department determines that the offense was for conduct that occurred prior to the enactment of the Act or that was prosecuted by an authority other than the state of Rhode Island, and for which the Act would otherwise have prevented a conviction. | R21-28.6-MMP 2.10 | 4 | (11) "Registered caregiver" means a person who is at least 21 years old who has never been convicted of a drug-related crime and who has agreed to undertake responsibility for managing the well-being of a registered patient with respect to the use of cannabis for symptom relief. | Vt. Stat. Ann. Tit. 18, § 4472(11) | 3 | No | 5 | Felony drug exclusion | 4 | No | 1 | No | 1 | No | 0 | No | 1 | No | 0 | Yes | 5 | Yes | 1 | no | 0 | No caregivers | 0 | Yes | 1 | yes | 1 | Yes | ARTICLE X, SECTION 29(b)(7) | 5 | Yes | 5 | Yes | 4 | |||||||||||||||||||||||||
31 | Number of Caregivers | 5 | (e) A person may be a primary caregiver or alternate caregiver for only one patient at a time unless the primary caregiver or alternate caregiver is simultaneously caring for two or more patients who are related to the caregiver by at least the fourth degree of kinship by blood or marriage. | AS 17.37.010(e) | 4 | assists no more than five qualifying patients with the medical use of cannabis | 36-2801(5)(d) | 5 | No | No | 5 | A person shall be listed as a primary care-giver for no more than five patients in the medical cannabis registry at any given time unless a waiver as set forth in Regulation Ten has been granted for exceptional circumstances. | Regulation 9(B) | 5 | (3) The qualifying patient has not more than one primary caregiver at any time. | Sec. 21a-408a(3) | 3 | To qualify for a caregiver registration identification card, an applicant shall:...Not be currently serving as the caregiver for another qualifying patient; | 601.1(c) | 4 | assists no more than five qualifying patients with their medical use of cannabis. | §4902A(e)(4) | 5 | Primary caregivers shall register with the department using the written certification/registry identification forms designated in section 23-202-8. Every primary caregiver shall be responsible for the care of only one qualifying patient at any given time. | §23-202-4(c) | 3 | (4) assists no more than one registered qualifying patient with his or her medical use of cannabis | Section 10(i)(4) | 4 | Except in the case of an employee of a hospice provider, nursing facility, or medical facility providing care to a qualifying patient admitted to or residing at that facility, or a visiting nurse, home health aide, personal care attendant, or immediate family member of more than one registered qualifying patient, an individual may not serve as a personal caregiver for more than one registered qualifying patient at one time. | 725.020(D) | 4 | Assist no more than 5 patients at any one time with their medical use of cannabis | 22 §2423-A(2)(C) | 5 | The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application; provided that each qualifying patient can have no more than 1 primary caregiver, and a primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana. | 333.26426(d) | 5 | 50-46-308(3) is injoined by a Jan. 16, 2012 court order but reads, (3) (a) (i) A provider or cannabis-infused products provider may assist a maximum of three registered cardholders. (ii) A person who is registered as both a provider and a cannabis-infused products provider may assist no more than three registered cardholders. (b) If the provider or cannabis-infused products provider is a registered cardholder, the provider or cannabis-infused products provider may assist a maximum of two registered cardholders other than the provider or cannabis-infused products provider. " | No (via court injunction) | 4 | (b) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients; | 126-W:1(VI) | 5 | has agreed to assist with a registered qualifying patient's medical use of cannabis, is not currently serving as primary caregiver for another qualifying patient, and is not the qualifying patient's physician | Chapter 24 - Subchapter 6I – 3 | 4 | Primary caregiver: The department shall issue a registry identification card to a primary caregiver applicant for the purpose of managing the well-being of up to four (4) qualified patients pursuant to the requirements of this rule upon the completion and approval of the primary caregiver application form available from the medical cannabis program. In order for a registry identification card to be obtained and processed, the following information shall be submitted to the medical cannabis program: | 7.34.3.9(C) | 5 | A person may have only one designated primary caregiver at any one time. | NRS 453A.250(2) | 3 | No, but "A person authorized under ORS 475.304 to produce cannabis at a cannabis grow site...May produce cannabis for no more than four registry identification cardholders or designated primary caregivers concurrently" | 475.319(2)(c) | 5 | Primary caregiver means either a natural person who is at least twenty-one (21) years old or a compassion center. A natural person primary caregiver may assist no more than five (5) qualifying patients with their medical use of cannabis | § 21-28.6-3(9) | 5 | the person will serve as the registered caregiver for one registered patient only | § 4474(a)(1) | 4 | (d) Is the designated provider to only one patient at any one time. | 69.51A.010(d) | 4 | Patients can have unlimited caregivers, caregivers can only serve 1 patient | 4 | "Parent or caretaker' | Section 2(c) | 1 | No | 0 | Only a "parent, guardian, or custodian" may be a caregiver | Section 3(4)(a)(ii) | 1 | Only parent/guardian for children under 18 | Section 26-55-103(2) | 1 | No | 0 | (6) (I) A CAREGIVER MAY SERVE NO MORE THAN FIVE QUALIFYING PATIENTS AT ANY TIME. (II) A QUALIFYING PATIENT MAY HAVE NO MORE THAN TWO CAREGIVERS. | 13–3307(e)(6) | 4 | Only 1 | 1 | not allowed | 0 | No caregivers | 0 | None, except for parents of child-patients | 1 | yes | 1 | 7) “Personal caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient. | ARTICLE X, SECTION 29(b)(7) | 5 | 2 per patient, caregivers can serve up to 5 patients | 5 | Limited to parent/guardian or legal custodian | § 90-113.101(a) | 3 | ||||||||||
32 | Patient/Practitioner Focused Task Force/Advisory Board | 5 | No | 0 | No | 0 | Not explicitly created under state law, but task forces or advisory boards may be formed (and do exist) at the city or county level. | 0 | No | 0 | No | 0 | Available at http://www.scribd.com/doc/180789013/Gray-Establishes-Medical-Marijuana-Advisory-Committee | Mayor's Order 2013-201, October 28, 2013 | 4 | “Advisory board” means a nine member committee established, chaired, and appointed by the General Assembly of Delaware to evaluate and make recommendations to the state legislature and the Department. | Draft Regs 2.0 | 5 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | See http://leg.mt.gov/bills/mca/50/46/50-46-307.htm | Mont. Code Ann. § 50-46-307 | 4 | 126-W:9 Therapeutic Use of Cannabis Advisory Council. I. There is hereby established a therapeutic use of cannabis advisory council comprised of: (a) Two members of the house of representatives, appointed by the speaker of the house of representatives. (b) One member of the senate, appointed by the senate president. (c) The commissioner of the department of health and human services, or designee. (d) The commissioner of the department of safety, or designee. (e) The attorney general, or designee. (f) One physician with experience in therapeutic use of cannabis issues, appointed by the New Hampshire Medical Society. (g) One advanced practice registered nurse, appointed by the New Hampshire Nurse Practitioner Association. (h) One representative of a community hospital, appointed by the governor. (i) One representative of the New Hampshire Civil Liberties Union. (j) One qualifying patient, appointed by the governor. (k) One member of the public, appointed by the governor. (l) One member from a hospital in New Hampshire, appointed by the governor. (m) One member from the board of medicine, appointed by the executive director of the board of medicine. (n) One member from the board of nursing, appointed by the executive director of the board of nursing. II. The advisory council shall: (a) Assist the department in adopting and revising rules to implement this chapter. (b) Collect information, including: (1) Satisfaction of qualifying patients with the therapeutic use of cannabis program. (2) Any effect the therapeutic use of cannabis law has had on referrals to regulatory boards. (3) Best practices in other states that allow the therapeutic use of cannabis. (4) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality cannabis. (5) Any research studies regarding health effects of cannabis for patients. (6) The effectiveness of New Hampshire’s therapeutic use of cannabis program. (7) Efforts to educate New Hampshire physicians and advanced practice registered nurses about research relating to the therapeutic use of cannabis. (8) The effectiveness of alternative treatment centers, individually and collectively, in serving the needs of qualifying patients, including the therapeutic effectiveness of available products, the provision of educational and support services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the registered qualifying patients of New Hampshire. (9) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to persons authorized for such purposes. (10) Any illegal distribution or diversion of cannabis cultivated pursuant to this chapter to individuals who are not alternative treatment center agents, qualifying patients, or designated caregivers. (11) Any statutory issues related to the certification of qualifying patients including, but not limited to, the definition of qualifying medical conditions, the certification process, and the number and location of providers willing and able to certify qualifying patients. (c) Make recommendations to the legislature and the department for any additions or revisions to the department rules or this chapter. (d) Five years after the effective date of this chapter, issue a formal opinion on whether the program should be continued or repealed. III. The advisory council may meet as often as is necessary to effectuate its goals. The first meeting shall be called by the commissioner of the department of health and human services, or designee within 45 days of the effective date of this chapter. At the first meeting, a chairman shall be elected by the members. IV. On or before January 1 of each year, the advisory council shall provide a report to the department of health and human services and the health and human services oversight committee established under RSA 126-A:13, the board of medicine and the board of nursing on its findings. | 2013 N.H. Laws 126-W:9 | 5 | No | 0 | http://nmhealth.org/mcp/documents/NMDOH-MCP-Rules-MedicalAdvisoryBoard.pdf | 7.34.2 NMAC | 5 | No | 0 | Advisory Committee on Medical cannabis. (1) There is created the Advisory Committee on Medical cannabis in the Oregon Health Authority, consisting of 11 members appointed by the Director of the Oregon Health Authority. (2) The director shall appoint members of the committee from persons who possess registry identification cards, designated primary caregivers of persons who possess registry identification cards and advocates of the Oregon Medical cannabis Act. (3) The committee shall advise the director on the administrative aspects of the Oregon Medical cannabis Program, review current and proposed administrative rules of the program and provide annual input on the fee structure of the program. (4) The committee shall meet at least four times per year, at times and places specified by the director. (5) The authority shall provide staff support to the committee. (6) All agencies of state government, as defined in ORS 174.111, are directed to assist the committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties. | Or. Rev. Stat. § 475.303 | 5 | No | 0 | See page 11-1, http://vcic.vermont.gov/sites/vcic/files/Vermont%20Rules%202012%20v13%20Final%2005172012%20untracked.pdf | 18 V.S.A. Chapter 86 Subchapter 2-11 | 5 | No | 0 | Yes, to make recommendations on new conditions or changes to the law | 4 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | “Commission” means the Natalie M. LaPrade Medical Marijuana Commission established under this subtitle. | 13–3301(e) | 5 | No | 0 | no | 0 | No | 0 | No | 0 | Exists, but is law enforcement-centric | 1 | No | 0 | No | 0 | No | 0 | |||||||||||||||||||||||||||||
33 | Reasonable Fees (Patients & Caregivers) | 15 | $25 new application/$20 renewal | $25 new application/$20 renewal | 15 | $150 / $75 for Supplemental Nutrition Assistance Program participants | 9 | $66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location) | 12 | $15 | 15 | (1) The non-refundable application fee and each renewal fee for each qualifying patient and for each primary caregiver application shall be twenty-five dollars. In addition, there shall be a non-refundable fee of seventy-five dollars for administrative costs for each qualifying patient application , for a total non-refundable fee of one hundred dollars per qualifying patient application and for each renewal. | Conn. Agencies Regs. § 21a-408-28(1) | 15 | $100, $25 sliding scale | 12 | $125 (a sliding scale fee is available based on income) | http://dhss.delaware.gov/dph/hsp/medmarhome.html#qp4 | 9 | $25.00 | 15 | Annual qualifying patient application fee $150 | Draft rules | 9 | Registration: $50, Hardship cultivation: $100 | http://www.mass.gov/eohhs/docs/dph/quality/drugcontrol/medical-marijuana/fee-structure.pdf | 12 | Patients $0, Caregivers $300 | 14 | $100 new or renewal application / $25 Medicaid patients | 12 | (1) The department will assess the following fees: (a) registered cardholder application fee of $75; (b) provider application fee of $50; (c) MIPP application fee of $50; (d) a combined provider and MIPP application fee of $50; and (e) annual registered cardholder renewal fee of $75. (2) All fees must be submitted with the application and must be paid by check or money order payable to the Department of Public Health and Human Services. (3) Fees are nonrefundable regardless of final application status. (4) Renewal applications received by the department after the expiration date will be treated as new applications. | Mont. Admin. Reg. § 37.107.117 | 12 | TBA (10 is a place-holder score until draft rules are issued) | 10 | $200 (valid for two years). Reduced fee of $20 for patients qualifying for state or federal assistance programs | N.J. Stat. § 24:6I-5(a) | 12 | (3) General submission requirements for qualified patients. Qualified patients shall submit: (a) an application for renewal of license; and (b) a non-refundable thirty-dollar ($30) application fee, except the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two-hundred percent (200%) of the federal poverty guidelines established by the U.S. department of health and human services. | 7.34.4.8(M)(3) NMAC | 15 | Regulations; fees. [Effective through March 31, 2014.] The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation: 1. Procedures pursuant to which the Division will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the Division will: (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if: (1) The person presents to the Department of Motor Vehicles valid documentation issued by the Division indicating that the Division has approved the issuance of a registry identification card to the person; and (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the Division has approved the issuance of a registry identification card to the person. 2. Criteria for determining whether a cannabis plant is a mature cannabis plant or an immature cannabis plant. 3. Fees for: (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and (b) Processing and issuing a registry identification card, which fee must not exceed $150. | NRS 453A.740 | 9 | The following fees are effective as of October 1, 2013: Cardholder application and annual renewal fee: $200. Reduced application and annual renewal fee for Oregon residents receiving SNAP (food stamp) benefits: $60. Reduced application and annual renewal fee for Oregon residents currently enrolled in the Oregon Health Plan (OHP): $50. Reduced application and annual renewal fee for persons receiving Supplemental Security Income (SSI) benefits: $20.(NOTE: Social Security Retirement Income and Social Security Disability Insurance benefits do not qualify an applicant for this reduced fee.) Grow site registration fee on new or renewal applications where the patient is not his or her own grower: $50. Fee for replacement registry cards: $100 (or $20 for those patients who qualify for the $20 reduced application fee). A replacement card fee is required if your cards have been issued and you are changing your care giver, grower, or grow site; OR if you are requesting new registry cards that have been lost or stolen. These fees apply to new applications and replacement card requests received on or after 10/1/2013 and to renewal applications for cards that expire on or after 10/1/2013. | http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/NOTICEOFOMMPFEECHANGES.aspx | 12 | Medical cannabis Caregiver: Biennial Fee for Registry Identification Card §21-28.6-5(b)* $200.00 Medical cannabis Patient: Biennial Fee for Registry Identification Card §21-28.6-5(b)* $100.00 Medical cannabis Minor Patient: Biennial Fee for Registry Identification Card §21-28.6-5(b)* $100.00 Replacement Lost Registry Identification Card (all categories) §21-28.6-5(b)* $25.00 | http://sos.ri.gov/documents/archives/regdocs/released/pdf/DOH/6984.pdf | 12 | $50.00 | 18 V.S.A. Chapter 86 Subchapter 2-7 | 15 | No | 15 | $200, $50 if receiving public assistance | 9 | No | 10 | No | 10 | No | 10 | Determined by Dept. | Section 26-55-103 | 10 | No | 10 | TBA | 10 | TBA | 10 | tba | 10 | No fees | 10 | TBD during rulemaking | 10 | No fees | 10 | TBD | 10 | (F) A FIFTY DOLLAR APPLICATION FEE, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP | S 3362(2)(f) | 12 | No fees for patients, $50 max fee for caregivers ($25 max renewal fee), but patients can only access medicine through a caregiver | § 90-113.104(b)-(c) and § 90-113.105(a) | 12 | ||||||||||||||||||||||
34 | Allows Multiple-Year Registrations | 5 | No | 0 | No | 0 | No | 4 | No | 0 | No | 0 | No | 0 | No | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Sec. 6(e) The department shall issue registry identification cards within 5 business days of approving an application or renewal, which shall expire 2 years after the date of issuance. Registry identification cards shall contain all of the following: | Act No. 514, Public Acts of 2012 | 5 | No | 0 | No | 0 | 4. a. The department shall establish a registry of qualifying patients and their primary caregivers, and shall issue a registry identification card, which shall be valid for two years, to a qualifying patient and primary caregiver, if applicable, who submits the following, in accordance with regulations adopted by the department: | 5 | No | 0 | No | 0 | No | 0 | (e) The department shall issue registry identification cards within five (5) days of approving an application or renewal, which shall expire two (2) years after the date of issuance. | R.I. Gen. Laws § 21-28.6-6(e) | 5 | No | 0 | N/A | 4 | No | 0 | No | 1 | No | 1 | No | 1 | No | Section 26-55-103(6)(a) | 1 | No | 1 | No | 0 | TBA | 0 | no | 0 | No registration | 1 | No | 0 | No registration | 1 | TBD | 3 | No | 0 | To be determined through rulemaking | 1 | |||||||||||||||||||||||||||||||||
35 | Reasonable Physician Requirements | 10 | No | 10 | No | 10 | No | 10 | See pages 9-12, http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadername1=Content-Disposition&blobheadername2=Content-Type&blobheadervalue1=inline%3B+filename%3D%22Medical+Use+of+cannabis.pdf%22&blobheadervalue2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251822601417&ssbinary=true | 5 CCR 1006-2, Regulation 8 | 7 | No | 10 | Board of Medicine review of medical cannabis physician recommendations. “(a) The Board of Medicine shall have the authority to review and audit the written physician recommendations submitted to the Department as part of the registration process and shall have the authority to discipline physicians who act outside of the scope of this act. “(b) The Board of Medicine shall audit the recommendations submitted by any physician who provides more than 250 recommendations in any 12-month period to patients for the use of medical cannabis. “(c) Submitting a false statement regarding a qualifying patient’s eligibility to participate in the Program on the form developed pursuant to section 5(b)(2) shall be grounds for the revocation, suspension, or denial of a license to practice medicine or osteopathy, or the imposition of a civil fine pursuant to section 514(c) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.14(c)), or both. | D.C. Code § 7-1671.07 | 7 | No | 10 | No | 10 | “Section 35. Physician requirements.” Does not impose an registry or education requirement, nor does it impose an audit trigger language. | Public Act 098-0122 § 35 | 10 | Pages 6-9 | 105 Code Mass. Rules 725.005 Qualifying Patient | 10 | No | 10 | No | 10 | Statute contains a provision, 50-36-303(10), to audit physicians who write more than 25 recommendations in a 12-month period, but the section has been enjoined District Judge James P Reynolds. | http://www.dphhs.mt.gov/cannabisprogram/OrderOnPreliminaryInjunction.pdf | 7 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | No | 10 | "Bona fide health care professional-patient relationship" means a treating or consulting relationship of not less than six months' duration, in the course of which a health care professional has completed a full assessment of the registered patient's medical history and current medical condition, including a personal physical examination. | Vt. Stat. Ann. Tit. 18, § 4472(1) | 7 | No | 10 | Reporting Requirements, potentially onerous | 7 | Only can be "prescribed" by UAB health care practitioners | Section 2(e) | 1 | No | 1 | Record keeping | Section 3(3)(a) | 1 | Only a "neurologist" can recommend | Section 26-55-103(1)(c) | 1 | No | 1 | Physicians must register with the state before they can reommend | 7 | only neurologists can recommend | 1 | Excessive | (4) PHYSICIAN EDUCATION.— | 0 | Only physicians affiliated with a university having a college or school of medicine can recommend | TCA Section 39-17-402(16) | 1 | Only neurologists can recommend, requires reporting to the state on patient progress | 1 | No explicit hurdles, but AMC rules and restrictions on recommending are chilling | 0 | Yes | 10 | Physicians must have expertise in threating the condition they recommend for, must determine dosage amounts, must register with the state, must complete physician education prior to registering | 0 | Must develope a treatment program and submit to the Dept. for approval, only nuerologist from 4 universities may apply to register a program. | § 90-113.103 and § 90-113.101(g) | 2 | |||||||||||||||||||||||||
36 | Financial Hardship Program (Fee Waivers/Discounted Medicine) | 10 | No | 0 | A qualifying patient may pay a reduced fee of $75 if the qualifying patient submits, with the qualifying patient's application for a registry identification card or the qualifying patient's application to renew the qualifying patient's registry identification card, a copy of an eligibility notice or electronic benefits transfer card demonstrating current participation in the U.S. Department of Agriculture, Food and Nutrition Services, Supplemental Nutrition Assistance Program | R9-17-102(B) | 8 | (b) Upon satisfactory proof of participation and eligibility in the Medi-Cal program, a Medi-Cal beneficiary shall receive a 50 percent reduction in the fees established pursuant to this section. | Cal. Health & Safety Code § 11362.755(b) | 10 | No, but one of the lowest fees in the oountry at $15 | 9 | No, but relatively low fee for all patients. | 8 | A qualifying patient who establishes pursuant to § 1300.4 of this chapter that his or her income is equal to or less than two hundred percent (200%) of the federal poverty level, shall be entitled to purchase medical cannabis directly, or through a caregiver, on a sliding scale from a registered dispensary in the District of Columbia. | 10 | the Department may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income | Del. Code Ann. Tit 16 §4923A(e)(3) | 10 | No, but relatively low fee for all patients. | 9 | (e) The Department of Public Health may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income. The Department of Public health may accept donations from private sources to reduce application and renewal fees, and registry identification card fees shall include an additional fee set by rule which shall be used to develop and disseminate educational information about the health risks associated with the abuse of cannabis and prescription medications. | Section 165(e) | 8 | Verified financial hardship means that an individual is a recipient of MassHealth, or Supplemental Security Income, or the individual’s income does not exceed 300% of the federal poverty level, adjusted for family size. | 105 Code Mass. Rules 725.035 | 10 | No, but patients pay no fees to register | 8 | R 333.111 Fees; reduced fees; renewal. Rule 11. (1) The fee for a new or renewal application is $100.00, unless a qualifying patient can demonstrate his or her current enrollment in the Medicaid health plan or receipt of current Supplemental Security Income benefits, in which case the application fee is $25.00. To qualify for a reduced fee, an applicant shall satisfy either of the following requirements: (a) Submit a copy of the qualifying patient's current Medicaid health plan enrollment statement. (b) Submit a copy of the qualifying patient's current monthly Supplemental Security Income benefit card, showing dates of coverage. (2) The department shall deny the application of a qualifying patient who submits a reduced fee for which he or she is not eligible and shall notify the qualifying patient of the application denial. A qualifying patient may resubmit the correct fee with his or her qualifying documentation at any time. (3) The fee for a revised or duplicate copy of the registration identification card for the qualifying patient or the primary caregiver is $10.00. If a duplicate card is requested, the qualifying patient or primary caregiver shall | R 333.111 | 10 | No, but fees are $75, same as AZ's discount fee | 7 | (4) The applicant’s plan for making cannabis available on an affordable basis to qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance. | 2013 N.H. Laws 126-W:7(IV)(a)(13) | 10 | 1. If an applicant can demonstrate eligibility to receive services under the New Jersey Medicaid program, receipt of current food stamp benefits, receipt of current New Jersey Temporary Disability Insurance benefits, Supplemental Security Income (SSI) benefits or Social Security Disability (SSD) benefits, then the fee to apply for a registry identification card is $20.00. | N.J.A.C. 8:64-2.1(c) | 10 | (3) General submission requirements for qualified patients. Qualified patients shall submit: (a) an application for renewal of license; and (b) a non-refundable thirty-dollar ($30) application fee, except the fee may be waived upon a showing that the income of the qualified patient is equal to or lesser than two-hundred percent (200%) of the federal poverty guidelines established by the U.S. department of health and human services | 10 | No, but relatively low fee for all patients. | 8 | Reduced patient registration fees for those receiving public assistance. | http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/NOTICEOFOMMPFEECHANGES.aspx | 10 | Yes | 3.1.2 | 10 | No, but relatively low fee for all patients. | 8 | No patient fees | 10 | Reduced to $50 for those receiving public assistance | 10 | No | 1 | No | 1 | No | 1 | No | 1 | No | 1 | No, but could potentially come in regulatons | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 10 | (F) A FIFTY DOLLAR APPLICATION FEE, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF FINANCIAL HARDSHIP | S 3362(2)(f) | 8 | Possibly, Dept. appears to have this ability through rulemaking | § 90-113.104(b)(3) | 1 | |||||||||||||||||||||||||
37 | 100 | 73 | 76 | 91 | 81 | 66 | 79 | 73 | 82 | 62 | 85 | 81 | 86 | 77 | 83 | 79 | 90 | 75 | 86 | 86 | 79 | 88 | 74 | 26 | 37 | 25 | 26 | 24 | 69 | 24 | 26 | 19 | 20 | 21 | 88 | 63 | 30 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
38 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
39 | Functionality | D | B | A | A- | D- | D | F | D+ | D- | B | A | C | F | D | D | B | B- | A | No | A- | B | A | F | F | F | F | F | F | F | F | F | F | F | F | F | F | C | F | F | F | F | F | F | F | F | F | F | F | C | F | F | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
40 | Patients currently able to access medicine through patient/caregiver cultivation | 20 | Yes | 20 | Only if they live a certain distance from a dispensary, excluded most of the AZ population | 15 | Yes | 20 | Yes | 20 | No | 0 | No, but a study is to be conducted on how to implement a patient cultivation program, but that study was due Jan 1 2012 and there is no word on whether it will ever be completed | 0 | No | 0 | Yes | 20 | No | 0 | Yes, although the right to cultivate will only be held by those with a "hardship cultivation license" once dispensaries are open | 15 | 20 | Yes | 20 | Yes | 20 | No | 0 | No | 0 | Yes | 20 | Yes | 20 | Yes | 20 | Yes | 20 | Yes | 20 | Yes | 20 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 12 | 0 | no | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | |||||||||||||||||||||||||||||||||||||||
41 | Patients currently able or on track to access medicine through dispensaries | 20 | No | 0 | Yes | 20 | Yes | 20 | Yes | 20 | No, but on track to open in late 2014, early 2015 | 12 | Yes | 20 | No, but one should be open by July 2014 | 14 | No | 5 | No, but dispensaries on track to open in 2015 | 12 | No, but on track to open in 2014 | 14 | 20 | Not excplictedly allowed under state law, but some dispensaries remain open in local jurisdictions that have pass local ordinances to allow dispensaires. | 14 | No | 0 | Draft rules issued | 14 | Yes | 20 | Yes | 20 | No, but on track to open in 2014 | 14 | No, but on track to open in late 2014 or early 2015 | 20 | Yes | 20 | Yes | 20 | Yes, in local jurisdictions that have approved ordinances permitting the existance of dispensaries | 18 | No | 12 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No, but dispensaries scheduled to open by late 2015 | 12 | no | 0 | no | 0 | No | 0 | Seems unlikly that Cannabidiol oil care centers can open w/o a change in federal law and regulations, as the state law requires growers to be in compliance with federal regulations on producing CBD products. | 0 | No | 0 | (2) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal caregiver identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months (9) after the effective date of this section. | ARTICLE X, SECTION 29(d)(2) | 15 | No failsafe language or dates that the Commissioner must issue rules by | 10 | No | 0 | |||||||||||||||||||||||||||||||||||||
42 | Free of significant administrative or medicine supply problems | 20 | Yes | 20 | Yes | 20 | Local bans have caused serious disruptions in availability of medicine in certain areas | 15 | Yes | 20 | Yes | 20 | DOH has been slow to approve patients, hasn't met it's requirements to produce a report on patient cultivation nor has it educated doctors as required by DC regs | 15 | Gov. Markell suspended the program for over a year, then only allowed a single dispensary to be licensed. | 15 | Yes | 20 | Yes | 20 | Yes | 20 | 20 | State has failed to adequately address issue of dispensaries | 15 | 2011-2012 changes to law have resulted in significant medicine shortages | 12 | Yes | 20 | Medicine shortages occur on a regular basis | 12 | Medicine shortages have occur, more common in the past | 12 | Yes | 20 | Yes | 20 | Yes | 20 | Yes | 20 | Yes | 20 | No | 14 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Yes | 20 | no | 0 | unknown | 0 | No | 0 | No | 0 | No, but makeup of study committee does bode well for patient access is a priority issue | 0 | Contains failsafe provisions | 18 | No failsafe language or dates that the Commissioner must issue rules by | 10 | Requires caregivers to go out of state to acquire medicine to a jurisdiction that recognized reciprocity | 0 | ||||||||||||||||||||||||||||||||||||||
43 | Patients can receive legal protections within reasonable timeframe of doctor's recommendation | 14 | Under 30 days | 10 | Under 30 days | 10 | Same day as obtaining recommednation from physician | 14 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Temporary registration exists from the moment a patient mails in their application form | 12 | 14 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 12 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days | 10 | Under 30 days, but requires the patient to be in the care of the physician for at least 6 months prior to diagnosis | 8 | Same day as obtaining recommendation | 14 | Unknow, but legal protections are available | 8 | Same day, but extremely limited protection | 1 | Same day, but extremely limited protection | 1 | Same day, but extremely limited protection | 1 | Same day, but extremely limited protection | 1 | Same day, but extremely limited protection | 1 | Less than 30 days | 10 | n/a | 1 | unknown | 1 | No | 1 | Unknown | 1 | Should be in effect at the moment of recommendation, but hard to tell | 1 | Yes, and provides additional failsafe protection if the Dept. fails to issue cards. | ARTICLE X, SECTION 29(b)(10) | 14 | TBD | 10 | Unknown | 1 | |||||||||||||||||||||||||||||||||||||
44 | Reasonable Possession Limit (ounces) | 10 | (4) possess in the aggregate more than (A) one ounce of cannabis in usable form; | AS 17.37.040(a)(4)(B) | 6 | (i) two-and-one-half ounces of usable cannabis | 6-2801(1)(a)(i) | 7 | (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient. | Cal. Health & Safety Code § 11362.77(a) | 9 | (I) No more than two ounces of a usable form of cannabis; and | Colo. Const. Art XVIII, § 14(A)(i) | 7 | (2) Define the protocols for determining the amount of usable cannabis that is necessary to constitute an adequate supply to ensure uninterrupted availability for a period of one month, including amounts for topical treatments | Conn. Gen. Stat § 21a-408m(b)(2) | 7 | The maximum amount of medical cannabis that any qualifying patient or caregiver may possess at any moment is 2 ounces of dried medical cannabis; provided, that the Mayor, through rulemaking, may increase the quantity of dried medical cannabis that may be possessed up to 4 ounces; and shall promulgate through rulemaking limits on medical cannabis of a form, other than dried. | D.C. Code § 7-1671.03(a) | 7 | A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of cannabis pursuant to this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable cannabis. | Del. Code Ann. Tit 16 §4903A(a) | 9 | "Adequate supply" means an amount of cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed three mature cannabis plants, four immature cannabis plants, and one ounce of usable cannabis per each mature plant | Haw. Rev. Stat. §329-121 | 9 | "Adequate supply" means: (1) 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source. | Public Act 098-0122 § 10(a)(1) | 7 | Sixty-Day Supply means that amount of cannabis, or equivalent amount of cannabis in MIPs, that a registered qualifying patient would reasonably be expected to need over a period of 60 calendar days for his or her personal medical use, which is ten ounces, subject to 105 CMR 725.010(I). | 105 Code Mass. Rules 725.004 | 10 | Possess up to 2 1/2 ounces of prepared cannabis and an incidental amount of cannabis as provided in subsection 5 for each qualifying patient who has designated the person as a primary caregiver | Me. Rev. Stat. Tit. 22 §2423-A(2)(a) | 7 | 2.5 ounces (see personal cultivation) | Mich. Comp. Laws § 333.26424(a) | 7 | 1 ounce, see personal cultivation | Mont. Code Ann. § 50-46-319(1)(a) | 6 | I. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following: (a) Two ounces of usable cannabis; and (b) Any amount of unusable cannabis. | 2013 N.H. Laws 126-W:2(I) | 7 | A physician shall provide written instructions for a registered qualifying patient or his caregiver to present to an alternative treatment center concerning the total amount of usable cannabis that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed two ounces. If no amount is noted, the maximum amount that may be dispensed at one time is two ounces. | N.J. Stat. § 24:6I-10(a) | 7 | 6 ounces, see Personal Cultivation | 9 | 1 ounce, see Personal Cultivation | NRS 453A.200(b)(1) | 6 | (1)(a) A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature cannabis plants and 24 ounces of usable cannabis. (b) Notwithstanding paragraph (a) of this subsection, if a registry identification cardholder has been convicted of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, the registry identification cardholder or the designated primary caregiver of the cardholder may possess one ounce of usable cannabis at any given time for a period of five years from the date of the conviction | Or. Rev. Stat. § 475.320(1) | 10 | 2.5 ounces (see Personal Cultivation) | 7 | (k)(1) No dispensary, principal officer, board member, or employee of a dispensary shall: (C) Dispense more than two ounces of usable cannabis to a registered patient directly or through the qualifying patient's registered caregiver during a 30-day period. | Vt. Stat. Ann. Tit. 18, § 4474e(k)(1)(C) | 7 | 24 ounces, see personal cultivation | Wash. Rev. Code § 69.51A.040(1)(a)(i) | 10 | Determined by "dosage" | Sec. 152.29 SubD 3(c)(6) (pg 13) | 7 | No limit | 2 | No limit | 2 | No limit | 2 | No limit | 2 | No limit | 2 | 30 day supply, TBD by the Commission | 7 | TBA | 2 | amount ordered by physician | 6 | No limit | 2 | 20 ounces of hemp extract | 2 | No rules | 2 | TBD by the Department | 9 | 30-day supply, as determined by the physician for the individual patient | S 3362(1)(a) | 7 | None | 2 | ||||||||||||||||
45 | Reasonable Purchase Limits | 8 | Not applicable | 0 | 3. The amount to be dispensed would not cause the registered qualifying patient to exceed the limit on obtaining no more than two-and-one-half ounces of cannabis during any fourteen-day period | 36-2806.02(a)(3) | 7 | No | 8 | Quantity Limitations On Sales. A Medical cannabis Center and its employees are prohibited from selling more than two ounces of Medical cannabis or its equivalent in Medical cannabis-Infused Product during a single sales transaction to a patient unless otherwise authorized by a physician | 1 CCR 212-1 M 603(D) M 403(D) | 7 | 30 day supply max | 6 | A dispensary may not dispense more than 2 ounces of medical cannabis in a 30- day period to a qualifying patient, either directly or through the qualifying patient’s caregiver; provided, that the Mayor, through rulemaking, may increase the quantity of medical cannabis that may be dispensed to up to 4 ounces. | D.C. Code § 7-1671.06(e) | 6 | A registered compassion center shall not dispense more than 3 ounces of cannabis to a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. Registered compassion centers shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much cannabis is being dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the cannabis was dispensed. | Del. Code Ann. Tit 16 §4919A(i) | 7 | No | 0 | (h) A dispensing organization may not dispense more than 2.5 ounces of cannabis to a registered qualifying patient, directly or via a designated caregiver, in any 14-day period unless the qualifying patient has a Department of Public Health-approved quantity waiver. | Public Act 098-0122 § 130(h) | 7 | No | 8 | Dispense. Dispense no more than 2 ½ ounces of prepared cannabis to a qualifying patient or to a primary caregiver on behalf of a qualifying patient during a 15-day period. | 10-144 CMR 122-6.4.5 | 7 | N/A | 0 | No | 0 | (a) Each time an alternative treatment center agent dispenses cannabis to a qualifying patient directly or through the qualifying patient’s designated caregiver, he or she shall consult the alternative treatment center’s records to verify that the records do not indicate that the dispensing of the cannabis would cause the qualifying patient to receive more cannabis than is permitted in a 10-day period. Each time cannabis is dispensed, the alternative treatment center agent shall record the date the cannabis was dispensed and the amount dispensed. All records shall be kept according to the registry identification number of the qualifying patient and designated caregiver, if any. (b) Except as provided in subparagraph (c), a qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient’s designated caregiver during a 10-day period. (c) After providing an opportunity for patients, experts, researchers, and physicians to be heard, the department may issue a rule adjusting the limit specified in subparagraph (a) to an amount that is reasonably necessary for a 10-day supply. | 2013 N.H. Laws 126-W:8(VIII) | 7 | A physician shall provide written instructions for a registered qualifying patient or his caregiver to present to an alternative treatment center concerning the total amount of usable cannabis that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed two ounces. If no amount is noted, the maximum amount that may be dispensed at one time is two ounces. | N.J. Stat. § 24:6I-10(a) | 6 | Yes | 8 | Yes | 8 | Yes | 8 | 5.8.1 A compassion center or principal officer, board member, agent, volunteer or employee of a compassion center shall not dispense, deliver or otherwise transfer cannabis to a person other than a qualifying patient who has designated the compassion center as a primary caregiver or to such patient's other primary caregiver. 5.8.2 A compassion center or principal officer, board member, agent, volunteer or employee of a compassion center shall not dispense more than two and one half ounces (2.5 oz) of usable cannabis to a qualifying patient directly or through a qualifying patient’s other primary caregiver during a fifteen (15) day period. 5.8.3 A compassion center or principal officer, board member, agent, volunteer or employee of a compassion center shall not dispense an amount of usable cannabis or cannabis plants to a qualifying patient or a qualifying patient’s other primary caregiver that the compassion center, principal officer, board member, agent, volunteer or employee knows would cause the recipient to possess more cannabis than is permitted under the Act or these Regulations. 5.8.4 A person found to have violated §5.8.1 of these Regulations is not eligible to be an employee, agent, volunteer, principal officer or board member of any compassion center, and such person's registry identification card shall be immediately revoked. | R21-28.6-MMP 5.8 | 7 | (k)(1) No dispensary, principal officer, board member, or employee of a dispensary shall: (C) Dispense more than two ounces of usable cannabis to a registered patient directly or through the qualifying patient's registered caregiver during a 30-day period. | Vt. Stat. Ann. Tit. 18, § 4474e(k)(1)(C) | 6 | Yes | 8 | 30-day supply | Sec. 152.29 SubD 3(c)(6) (pg 13) | 6 | No limit | 2 | No limit | 2 | No limit | 2 | No limit | 2 | No limit | 2 | 30 day supply | 6 | Aneurologistshallbethesoleauthorizedrecommender20aspartofthetreatmentplanbytheneurologistofapatient21diagnosedwithintractableepilepsy.Aneurologistshall22havethesoleauthoritytorecommendtheuseoramountof23cannabidiol,ifany,inthetreatmentplanofapatient24diagnosedwithintractableepileps | 1 | tba | 1 | No | 2 | no rules, seemingly up to 20 ounces | 4 | No purchase rights | 1 | None | 8 | THE MARIHUANA THAT MAY BE POSSESSED BY A CERTIFIED PATIENT SHALL NOT EXCEED A THIRTY DAY SUPPLY OF THE DOSAGE AS DETERMINED BY THE PRACTITIONER, CONSISTENT WITH ANY GUIDANCE AND REGULATIONS ISSUED BY THE COMMISSIONER, PROVIDED THAT DURING THE LAST EVEN DAYS OF ANY THIRTY DAY PERIOD, THE CERTIFIED PATIENT MAY ALSO POSSESS UP TO SUCH AMOUNT FOR THE NEXT THIRTY DAY PERIOD; | S 3362(1)(a) | 5 | None | 2 | |||||||||||||||||||||||||
46 | Allows Patients to Medicate Where They Chose | 8 | Yes | 8 | B. Possessing or engaging in the medical use of cannabis: 1. On a school bus. 2. On the grounds of any preschool or primary or secondary school. 3. In any correctional facility. C. Smoking cannabis: 1. On any form of public transportation. 2. In any public place. | Ariz. Rev. Stat. § 36-2802(B) | 7 | Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical cannabis under any of the following circumstances: (a) In any place where smoking is prohibited by law. (b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence. (c) On a schoolbus. (d) While in a motor vehicle that is being operated. (e) While operating a boat | Cal. Health & Safety Code § 11362.79 | 7 | (5) (a) No patient shall: (I) Engage in the medical use of cannabis in a way that endangers the health or well-being of any person; or (II) Engage in the medical use of cannabis in plain view of, or in a place open to, the general public. (b) In addition to any other penalties provided by law, the state health agency shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of this section or the implementing legislation adopted by the general assembly. | Colo. Const. Art XVIII, § 14(5) | 6 | (b) The provisions of subsection (a) of this section do not apply to: (1) Any palliative use of cannabis that endangers the health or well-being of a person other than the qualifying patient or the primary caregiver; or (2) The ingestion of cannabis (A) in a motor bus or a school bus or in any other moving vehicle, (B) in the workplace, (C) on any school grounds or any public or private school, dormitory, college or university property, (D) in any public place, or (E) in the presence of a person under the age of eighteen. For the purposes of this subdivision, (i) "presence" means within the direct line of sight of the palliative use of cannabis or exposure to second-hand cannabis smoke, or both; (ii) "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests; (iii) "vehicle" means a vehicle, as defined in section 14-1 of the general statutes; (iv) "motor bus" means a motor bus, as defined in section 14-1 of the general statutes; and (v) "school bus" means a school bus, as defined in section 14-1 of the general statutes. | Conn. Gen. Stat § 21a-408a(b) | 5 | Medical cannabis shall not be administered by or to a qualifying patient anywhere other than the qualifying patient’s residence, if permitted, or at a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the facility. | D.C. Code § 7-1671.03(b)(1) | 5 | This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice; (2) Possessing marijuana, or otherwise engaging in the medical use of marijuana: a. In a school bus; b. On the grounds of any preschool or primary or secondary school; or c. In any correctional facility. d. In any health care or treatment facility operated by the Department or funded contractually through the Department. (3) Smoking marijuana: a. In any form of transportation; or b. In any public place. | § 4907A | 7 | The authorization for the medical use of cannabis in this section shall not apply to: (1) The medical use of cannabis that endangers the health or well-being of another person; (2) The medical use of cannabis: (A) In a school bus, public bus, or any moving vehicle; (B) In the workplace of one's employment; (C) On any school grounds; (D) At any public park, public beach, public recreation center, recreation or youth center; or (E) Other place open to the publi | Haw. Rev. Stat. §329-122(c) | 5 | (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (3) Using cannabis: (A) in a school bus; (B) on the grounds of any preschool or primary or secondary school; (C) in any correctional facility; (D) in any motor vehicle; (E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; | Public Act 098-0122 § 30(a)(3) | 5 | (D) Nothing in this law requires any accommodation of any on-site medical use of cannabis in any place of employment, school bus or on school grounds, in any youth center, in any correctional facility, or of smoking medical cannabis in any public place. | Ch. 369 of the acts of 2012, Section 7 | 7 | A registered dispensary may not dispense, deliver or otherwise transfer cannabis to a person other than a qualifying patient who has designated the dispensary to cultivate cannabis for the qualifying patient or to the patient’sprimary caregiver. | 10-144 CMR 122-6.29.2 | 7 | (2) Possess marihuana, or otherwise engage in the medical use of marihuana: (A) in a school bus; (B) on the grounds of any preschool or primary or secondary school; or (C) in any correctional facility. (3) Smoke marihuana: (A) on any form of public transportation; or (B) in any public place. | Mich. Comp. Laws § 333.26427(2) | 7 | (1) This part does not permit: (b) except as provided in subsection (3), the use of cannabis by a registered cardholder: (i) in a health care facility as defined in 50-5-101; (ii) in a school or a postsecondary school as defined in 20-5-402; (iii) on or in any property owned by a school district or a postsecondary school; (iv) on or in any property leased by a school district or a postsecondary school when the property is being used for school-related purposes; (v) in a school bus or other form of public transportation; (vi) when ordered by any court of competent jurisdiction into a correctional facility or program; (vii) if a court has imposed restrictions on the cardholder's use pursuant to 46-18-202; (viii) at a public park, public beach, public recreation center, or youth center; (ix) in or on the property of any church, synagogue, or other place of worship; (x) in plain view of or in a place open to the general public; or (xi) where exposure to the cannabis smoke significantly adversely affects the health, safety, or welfare of children. | Mont. Code Ann. § 50-46-320(1)(b) | 5 | II. Nothing in this chapter shall exempt any person from arrest or prosecution for: (c) The smoking or vaporization of cannabis in any public place, including: (1) A public bus or other public vehicle; or (2) Any public park, public beach, or public field. | 2013 N.H. Laws 126-W:3(II)(c) | 6 | 8.The provisions of this act shall not be construed to permit a person to: a) operate, navigate, or be in actual physical control of any vehicle, aircraft, railroad train, stationary heavy equipment or vessel while under the influence of cannabis; or b) smoke cannabis in a school bus or other form of public transportation, in a private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park or beach, at any recreation center, or in any place where smoking is prohibited pursuant to N.J.S.2C:33-13. A person who commits an act as provided in this section shall be subject to such penalties as are provided by law. | N.J. Stat. § 24:6I-8 | 7 | YEs | 8 | Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective April 1, 2014.] 1. A person who holds a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts: (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of cannabis. (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130. (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257. (d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in: (1) Any public place or in any place open to the public or exposed to public view; or (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders. (e) Delivering cannabis to another person who he or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250. (f) Delivering cannabis for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250. 2. Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months. | NRS 453A.300 | 5 | Yes | 8 | (a) This chapter shall not permit: (2) The smoking of cannabis: (i) In a school bus or other form of public transportation; (ii) On any school grounds; (iii) In any correctional facility; (iv) In any public place; (v) In any licensed drug treatment facility in this state; or (vi) Where exposure to the cannabis smoke significantly adversely affects the health, safety, or welfare of children. | R.I. Gen. Laws § 21-28.6-7(2) | 7 | (a) This subchapter shall not exempt any person from arrest or prosecution for: (3) The smoking of cannabis in any public place, including: (A) a school bus, public bus, or other public vehicle; (B) a workplace or place of employment; (C) any school grounds; (D) any correctional facility; or (E) any public park, public beach, public recreation center, or youth center. | Vt. Stat. Ann. Tit. 18, § 4474c(a)(3) | 7 | (1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place which is open to the view of the general public. | Wash. Rev. Code § 69.51A.060 | 6 | No use allowed in public | Sec. 152.23(a) | 6 | Yes | 1 | Yes | 1 | Medcine can only be administered by or under the supervision of a physician | Section 3(2)(a) | 0 | Yes | 1 | Yes | 1 | (a) This subtitle may not be construed to authorize any individual to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for, the following: (1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice; (2) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or boat while under the influence of marijuana; (3) Smoking marijuana in any public place; (4) Smoking marijuana in a motor vehicle; or (5) Smoking marijuana on a private property that: (i) 1. Is rented from a landlord; and 2. Is subject to a policy that prohibits the smoking of marijuana on the property; or (ii) Is subject to a policy that prohibits the smoking of marijuana on the property of an attached dwelling adopted by one of the following entities: 1. The board of directors of the council of unit owners of a condominium regime; or 2. The governing body of a homeowners association. | 13–3314(a) | 6 | n/a | 1 | “Medical use” means administration of the ordered amount of low-THC cannabis. The term does not include the possession, use, or administration by smoking. | 1 | No | 1 | No | 1 | No restrictions | 1 | (5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place. | ARTICLE X, SECTION 29(c)(5) | 7 | 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION: (A) POSSESSION OF MEDICAL MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT IS SMOKED, CONSUMED, VAPORIZED, OR GROWN IN A PUBLIC PLACE, REGARDLESS OF THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION. | S 3362(2)(a) | 5 | Yes | 1 | ||||||||||||||
47 | 100 | 64 | 86 | 93 | 90 | 60 | 63 | 62 | 69 | 61 | 86 | 95 | 73 | 53 | 64 | 64 | 87 | 83 | 96 | 91 | 88 | 96 | 53 | 6 | 6 | 5 | 6 | 6 | 73 | yes | 5 | 9 | 6 | 8 | 5 | 71 | 47 | 6 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
48 | * Consumer Safety & Provider Requirements | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
49 | Mandatory Testing and Labeling Requirements | 5 | No | 0 | A. A dispensary shall ensure that medical cannabis provided by the dispensary to a qualifying patient or a designated caregiver is labeled with: 1. The dispensary's registry identification number; 2. The amount, strain, and batch number of medical cannabis; 3. The following statement: "ARIZONA DEPARTMENT OF HEALTH SERVICES' WARNING: cannabis use can be addictive and can impair an individual's ability to drive a motor vehicle or operate heavy machinery. Cannabis smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP OUT OF REACH OF CHILDREN"; 4. If not cultivated by the dispensary, whether the medical cannabis was obtained from a qualifying patient, a designated caregiver, or another dispensary; 5. The date of manufacture, harvest, or sale; 6. A list of all chemical additives, including nonorganic pesticides, herbicides, and fertilizers, used in the cultivation and production of the medical cannabis; and 7. The registry identification number of the qualifying patient. B. If a dispensary provides medical cannabis cultivated by the dispensary to another dispensary, the dispensary shall ensure that the medical cannabis is labeled with: 1. The dispensary's registry identification number; 2. The amount, strain, and batch number of the medical cannabis; 3. The date of harvest or sale; and 4. A list of all chemical additives, including nonorganic pesticides, herbicides, and fertilizers, used in the cultivation of the medical cannabis. C. If medical cannabis is provided as part of an edible food product, a dispensary shall, in addition to the information in subsection (A), include on the label the total weight of the edible food product. D. A dispensary shall provide to the Department upon request a sample of the dispensary's medical cannabis inventory of sufficient quantity to enable the Department to conduct an analysis of the medical cannabis. | 4 | No | 0 | Basis and Purpose – M 701 The statutory basis for this rule is found at subsections 12-43.3-202(1)(b)(I), 12-43.3-202(2)(a)(XII), 12-43.3-202(2)(a)(XX), 12-43.3-402(6), and 12-43.3-404(10), C.R.S. The purpose of this rule is to clarify the means by which the Division may utilize to ensure Medical cannabis and Medical cannabis-Infused Product are safe for patient consumption and that any Medical cannabis or Medical cannabis-Infused Product sold for human consumption do not contain contaminants that are injurious to health, and to help ensure sufficient and correct labeling. M 701 – Vendor Registration and Occupational License for Medical cannabis Testing and Research A. Occupational License For Testing and Research 1. If a Retail cannabis Testing Facility wishes to test and research Medical cannabis, it shall first: a. Complete a current Division application, pay all applicable fees and obtain a registration as a vendor; b. Complete a current Division application, pay all applicable fees and obtain an Occupational License for at least one Owner to engage in testing and research. 2. The vendor registration and Occupational License referenced in this rule may only be granted to or held by a Retail cannabis Testing Facility whose license and certification are current, valid and in good standing. B. Requirements and Violations 1. A Person holding a vendor registration and Occupational License to test and research Medical cannabis must comply with all requirements in the Retail cannabis Rules, 700 Series. 2. Any violation of such requirements in connection with testing and research of Medical cannabis shall constitute a violation of these rules and a violation in connection with the Person’s Retail cannabis Testing Facility license. | 1 Colo. Code Regs. § 212-1 M 700 | 5 | Pages 62-64 http://www.ct.gov/dcp/lib/dcp/pdf/laws_and_regulations/reg-medical_marijuana-final06sept2013.pdf | Conn. Agencies Regs. § 21a-408-58 | 5 | Dispensaries and cultivation centers may dispense or distribute medical cannabis in any form deemed safe which allows patients to eat, inhale, or otherwise use medical cannabis for medical purposes. Medical cannabis shall be subject to testing for quality assurance and safety purposes. and 5607 LABELING AND PACKAGING OF MEDICAL cannabis | 22c DCMR 5609.1 | 5 | (n) "Registered safety compliance facility" means a nonprofit entity registered under §4915A by the Department to provide one or more of the following services: testing cannabis produced for medical use for potency and contaminants; and training cardholders and prospective compassion center agents. The training may include, but need not be limited to, information related to one or more of the following: (1) the safe and efficient cultivation, harvesting, packaging, labeling, and distribution of cannabis; (2) security and inventory accountability procedures; and (3) up-to-date scientific and medical research findings related to medical cannabis. | Del. Code Ann. Tit 16 §4902A(n) | 5 | No | 0 | (c) The Department of Agriculture rules shall address, but not be limited to the following related to registered cultivation centers, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered cultivation centers: (7) standards concerning the testing, quality, and cultivation of medical cannabis; | Public Act 098-0122 § 165(c)(7) | 5 | Pages 24-27 | 105 Code Mass. Rules 725.105(C) | 5 | The department may take action necessary to ensure compliance with this chapter, including but not limited to obtaining, possessing and performing laboratory testing on cannabis from registered patients, registered primary caregivers and registered dispensaries in accordance with this chapter | Me. Rev. Stat. Tit. 22 §2430-A | 5 | No | 0 | No | 0 | No | 4 | (a) To ensure the safety of registered qualifying patients, an ATC shall provide samples to the Department during announced and unannounced inspections for product quality control. (b) To implement the requirement in (a) above, the Department shall: 1. Collect soil and plant samples and samples of products containing cannabis cultivated and/or dispensed, as applicable, by the ATC; 2. Place the permit number of the ATC on each sample container; 3. Label the sample containers with a description and the quantity of its content; 4. Seal the sample containers; and 5. Have ATC and Department staff initial each sample container. (c) The Department shall maintain documentation of the chain of custody of samples taken. 1. The Department shall provide a receipt for the collected samples to the ATC’s authorized representative. 2. The Department shall maintain an accounting of all collected sample containers for control purposes. 3. The Department shall test samples. i. Sample testing may include tests for, among other things, the presence of pests, mold, mildew, heavy metals and pesticides and the accuracy of labeling. 4. The Department shall issue written reports of the results of its testing to the ATC. 5. The ATC shall pay the expenses for the testing. | N.J.A.C. 8:64-13.4 | 5 | Department testing: If the department or its designee receives a complaint regarding the presence of mold, bacteria or another contaminant in cannabis produced by a licensed non-profit or patient who holds a personal production license, or if the department or its designee has reason to believe that the presence of mold, bacteria or another contaminant may jeopardize the health of a patient, the department or its designee may conduct an unannounced visit to the producer and may require the producer to provide samples of medical cannabis for testing. Producers shall bear the cost of any testing required by the department. Medical cannabis program employees or their designees may possess those medical cannabis samples for the sole purposes of testing or transport to a testing facility. The department or its designee shall comply with the following testing requirements: (1) the department or its designee shall maintain chain of custody documentation for any medical cannabis samples taken; (2) a written receipt shall be given to the producer for all testing samples; (3) all testing samples shall be placed into a sealed container and clearly labeled; (4) all testing samples shall be tested by DOH or a designated testing facility; (5) no more than eight (8) grams of medical cannabis shall be gathered for testing purposes from a non-profit medical cannabis producer on any single occasion; (6) no more than one (1) gram of medical cannabis shall be gathered for testing purposes from a patient who holds a personal production license on any single occasion. | 7.34.4.8(R) NMAC | 5 | Testing laboratories. [Effective April 1, 2014.] 1. The Division shall establish standards for and certify one or more private and independent testing laboratories to test cannabis, edible cannabis products and cannabis-infused products that are to be sold in this State. 2. Such an independent testing laboratory must be able to determine accurately, with respect to cannabis, edible cannabis products and cannabis-infused products that are sold or will be sold at medical cannabis dispensaries in this State: (a) The concentration therein of THC and cannabidiol. (b) Whether the tested material is organic or non-organic. (c) The presence and identification of molds and fungus. (d) The presence and concentration of fertilizers and other nutrients. 3. To obtain certification by the Division on behalf of an independent testing laboratory, an applicant must: (a) Apply successfully as required pursuant to NRS 453A.322. (b) Pay the fees required pursuant to NRS 453A.344. | NRS 453A.368 | 5 | (3) To qualify for registration under this section, a medical cannabis facility:...(e) Must comport with rules adopted by the authority related to:...(B) Testing for pesticides, mold and mildew and the processes by which usable cannabis and immature cannabis plants that test positive for pesticides, mold or mildew must be returned to the registry identification cardholder, the cardholder’s designated primary caregiver or the cardholder’s registered grower. | SB 3460 (2013) SECTION 2(3)(e)(B) | 5 | No | 5 | (sole reference to testing) Laboratory testing fees. Registered dispensaries are responsible for the cost of laboratory testing of cannabis that may be required by these rules | 18 V.S.A. Chapter 86 Subchapter 2-7.7 | 5 | No | 0 | Yes, independent labs | 5 | No | 0 | No | 0 | Must be tested (or obtained) by National Center for Natural Product Research at U-Miss | Section 3(b)(i) | 2 | Required by a lab that did not produce the product, legal protections apparently do not exist without this testing | Section 58-37-4.3(c)(iii) | 1 | No | 0 | No | 5 | 0 | no | 0 | No | 0 | Yes | 261.265. 7. (5) | 2 | (2) 'Approved source' means a provider approved by the United States Food and Drug Administration which produces PreviouscannabidiolNext that: (a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. | Section 44-53-1810(2) | 1 | Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling, inspection, and safety. | ARTICLE X, SECTION 29(d)(1)(c) | 4 | 3. EACH REGISTERED ORGANIZATION SHALL CONTRACT WITH AN INDEPENDENT LABORATORY TO TEST THE MEDICAL MARIHUANA PRODUCED BY THE REGISTERED ORGANIZATION. THE COMMISSIONER SHALL APPROVE THE LABORATORY AND REQUIRE THAT THE LABORATORY REPORT TESTING RESULTS IN A MANNER DETERMINED BY THE COMMISSIONER. THE COMMISSIONER IS AUTHORIZED TO ISSUE REGULATION REQUIRING THE LABORATORY TO PERFORM CERTAIN TESTS AND SERVICES. | S 3364(3) | 5 | (b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria: (2) Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight. | § 90-94.1(b)(2) | 1 | |||||||||||||||||||
50 | Training | 3 | No | 0 | C. A medical director shall: 1. Develop and provide training to the dispensary’s dispensary agents at least once every 12 months from the initial date of the dispensary’s registration certificate on the following subjects: a. Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical cannabis; b. Guidelines for providing support to qualifying patients related to the qualifying patient’s self-assessment of the qualifying patient’s symptoms, including a rating scale for pain, cachexia or wasting syndrome, nausea, seizures, muscle spasms, and agitation; c. Recognizing signs and symptoms of substance abuse; and d. Guidelines for refusing to provide medical cannabis to an individual who appears to be impaired or abusing medical cannabis | R9-17-313(C). | 3 | No | 0 | No | 0 | See pages 50-51 http://www.ct.gov/dcp/lib/dcp/pdf/laws_and_regulations/reg-medical_marijuana-final06sept2013.pdf | Conn. Agencies Regs. § 21a-408-44 and Sec. 21a-408-45 | 3 | Yes | 22c DCMR 5105 | 3 | Factor in applying but not specific requirement | 2 | No | 0 | No | 3 | (H) Dispensary Agent Training. RMDs shall ensure that all dispensary agents complete training prior to performing job functions. Training shall be tailored to the roles and responsibilitiesof the job function of each dispensary agent, and at a minimum must include training on confidentiality, and other topics as specified by the Department. At a minimum, staff shall receive 8 hours of on-going training annually. | 105 Code Mass. Rules 725.105(H) | 3 | No | 0 | No | 0 | No | 0 | (b) All alternative treatment centers shall prepare training documentation for each employee and have employees sign a statement indicating the date, time, and place the employee received said training and topics discussed, to include name and title of presenters. The alternative treatment center shall maintain documentation of an employee’s and a volunteer’s training for a period of at least 6 months after termination of an employee’s period of employment or the volunteer’s period of voluntary service. | 2013 N.H. Laws 126-W:8 (XVII) | 3 | (a) Each alternative treatment center shall either: 1. Develop, implement and maintain on the premises an onsite training curriculum; or 2. Enter into contractual relationships with outside resources capable of meeting employee, agent and volunteer training needs. (b) Each employee, agent or volunteer, at the time of his or her initial appointment, shall receive, as a minimum, training in the following: 1. Professional conduct, ethics and State and Federal laws regarding patient confidentiality; 2. Informational developments in the field of medical use of cannabis; 3. The proper use of security measures and controls that have been adopted; and 4. Specific procedural instructions for responding to an emergency, including a robbery or workplace violence. | N.J.A.C. 8:64–9.5 | 3 | I. Private entity policies and procedures: The private non-profit entity shall develop, implement and maintain on the premises policies and procedures relating to the medical cannabis program, which shall at a minimum include the following: (1) distribution criteria for qualified patients or primary caregivers appropriate for cannabis services, to include clear identifiable photocopies of the registry identification card of every qualified patient or primary caregiver served by the private entity; (2) alcohol and drug-free work place policies and procedures; (3) employee policies and procedures to address the following requirements: (a) job descriptions or employment contracts developed for every employee that identify duties, authority, responsibilities, qualifications and supervision; and (b) training materials concerning adherence to state confidentiality laws; (4) personnel records for each employee that include an application for employment and a record of any disciplinary action taken; (5) on-site training curricula, or contracts with outside resources capable of meeting employee training needs, to include, at a minimum, the following topics: (a) professional conduct, ethics and patient confidentiality; and (b) informational developments in the field of medical use of cannabis; (6) employee safety and security training materials provided to each employee at the time of his or her initial appointment, to include: (a) training in the proper use of security measures and controls that have been adopted; and (b) specific procedural instructions regarding how to respond to an emergency, including robbery or a violent accident; (7) a general written security policy, to address at a minimum: (a) safety and security procedures; (b) personal safety; and (c) crime prevention techniques; (8) training documentation prepared for each employee and statements signed by employees indicating the topics discussed (to include names and titles of presenters) and the date, time and place the employee received said training; and (9) a written policy regarding the right of the private entity to refuse service. | 7.34.4.8(I) NMAC | 3 | 7. Establish different categories of medical cannabis establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical cannabis establishments at which such an agent may be employed or volunteer. | NRS 453A.370(7) | 2 | No | 0 | Each compassion center shall develop, implement and maintain on the premises an on-site training curriculum, or enter into contractual relationships with outside resources capable of meeting employee, agent and volunteer training needs. Each employee, agent or volunteer, at the time of his or her initial appointment, shall receive, as a minimum, training in the following: (a) Professional conduct, ethics, and state and federal laws regarding patient confidentiality; (b) Informational developments in the field of medical use of cannabis; (c) The proper use of security measures and controls that have been adopted; and (d) Specific procedural instructions for responding to an emergency, including robbery or violent accident. | R21-28.6-MMP 5.1.9 | 2 | (i) Each dispensary shall develop, implement, and maintain on the premises employee policies and procedures to address the following requirements: (1) A job description or employment contract developed for all employees which includes duties, authority, responsibilities, qualification, and supervision; (2) Training in and adherence to confidentiality laws; and (3) Training for employees required by subsection (j) of this section. | Vt. Stat. Ann. Tit. 18, § 4474e(i) | 1 | No | 0 | No | 2 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 3 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | Yes | ARTICLE X, SECTION 29(d)(1)(c) | 2 | No | 0 | No | 0 | ||||||||||||||||||||||||||
51 | Product Safety Protocols | 4 | No | 0 | 0 | No | 0 | Yes | 4 | No | 4 | NO | 0 | No | 0 | No | 0 | Yes | 4 | Yes | 4 | Yes | Yes | 0 | NO | 0 | No | 0 | NO | 0 | No | 0 | No | 0 | YEs | 4 | Yes | 4 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 1 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | Yes, but not specific provisions, only instructs Deptartment to issue safety regs | ARTICLE X, SECTION 29(d)(1)(c) | 2 | 10. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI- TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED. | S 3364(10) | 3 | No | 0 | |||||||||||||||||||||||||||||||||||
52 | Ownership/Employment Restrictions | 1 | No | 0 | 2. None of the principal officers or board members has been convicted of an excluded felony offense. | 36-2804(B)(2) | 1 | None | 1 | 8. The Applicant can prove that he or she has not been convicted at any time of a felony pursuant to any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance; 9. The Applicant can establish that he or she does not employ another person who does not have a valid Occupational License issued pursuant to the Medical Code; 10. The Applicant can establish that he or she is not a sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the State Licensing Authority or a local licensing authority; | 1 CCR 212-1 M 231(C)(8)-(10) | 0 | No person issued a license or registration pursuant to 21a-408-1 to 21a-408-70, inclusive, of the Regulations of Connecticut State Agencies shall assign or transfer such license, or registration without the commissioner’s prior approval. | Conn. Agencies Regs. § 21a-408-26 | 1 | No director, officer, member, incorporator, agent, or employee of a dispensary or cultivation center who has access to the medical cannabis at the dispensary or cultivation center shall have: “(1) A felony conviction; or “(2) A misdemeanor conviction for a drug-related offense | D.C. Code § 7-1671.06(i) | 0 | (2) Notwithstanding subsections (c) and (d)(1), an application for a safety compliance facility registration certificate must be denied if any of the following conditions are met: a. the applicant failed to submit the materials required by this section, including if the plans do not satisfy the security, oversight, or recordkeeping regulations issued by the Department; b. the applicant would not be in compliance with local zoning regulations issued in accordance with §4917A; c. the applicant does not meet the requirements of §4919A; d. one or more of the prospective principal officers or board members has been convicted of an excluded felony offense; e. one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered safety compliance facility or registered compassion center that has had its registration certificate revoked; and f. One or more of the principal officers or board members is younger than 21 years of age. | Del. Code Ann. Tit 16 §4914A(e)(2) | 0 | No | 0 | (e) An application for a cultivation center permit must be denied if any of the following conditions are met: (3) one or more of the prospective principal officers or board members has been convicted of an excluded offense; (4) one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or cultivation center that has had its registration revoked; (5) one or more of the principal officers or board members is under 21 years of age; (6) a principal officer or board member of the cultivation center has been convicted of a felony under the laws of this State, any other state, or the United States; (7) a principal officer or board member of the cultivation center has been convicted of any violation of Article 28 of the Criminal Code of 2012, or substantially similar laws of any other jurisdiction | Public Act 098-0122 § 85(e)(3)-(7) | 0 | (c) Documentation that no member of the non-profit corporation, no executive of the applicant, and no prospective employee or volunteer of the RMD, has been convicted of a felony drug offense in the Commonwealth, or a like violation of the laws of another state, the United States or a military, territorial, or Indian tribal authority; | 105 Code Mass. Rules 725.100(B)(1)(b) | 0 | No | 1 | No | 0 | (2) The department may not register a person under this section if the person: (a) has a felony conviction or a conviction for a drug offense; (b) is in the custody of or under the supervision of the department of corrections or a youth court; (c) has been convicted of a violation under 50-46-331; (d) has failed to: (i) pay any taxes, interest, penalties, or judgments due to a government agency; (ii) stay out of default on a government-issued student loan; (iii) pay child support; or (iv) remedy an outstanding delinquency for child support or for taxes or judgments owed to a government agency; or (e) is a registered cardholder who has designated a provider or cannabis-infused products provider in the person's application for a card issued under 50-46-307. | Mont. Code Ann. § 50-46-308(2) | 0 | IV.(a) An alternative treatment center shall conduct a state and federal criminal records check for every person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the alternative treatment center pursuant to RSA 126-W:4, II(g). An alternative treatment center shall not allow any person to be an alternative treatment center agent who: (1) Was convicted of a felony or felony drug-related offense | 2013 N.H. Laws 126-W:8 (IV) | 0 | (c) Subject to N.J.A.C. 8:64-7.1, in considering any application for a permit for an ATC, the Department shall consider, at a minimum, the following factors in reviewing the qualifications of principals, directors, board members and owners applying for a permit as an alternative treatment center: 1. Any convictions of the applicant under any Federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of a controlled substance; 2. Any felony conviction under Federal laws, or the equivalent conviction under state or local laws; 3. The applicant’s past experience in the manufacturing or distribution of drugs or controlled substances; 4. The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution; 5. Suspension or revocation by Federal, state or local government of any registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances; 6. Compliance with license and/or registration requirements under any previously granted license or registration, if any; 7. Compliance with requirements to maintain and/or make available to the Department or Federal or law enforcement officials those records required by this subchapter; and 8. Any other factors or qualifications the Department considers relevant to and consistent with ensuring public health and safety. | N.J.A.C. 8:64-7.2(c) | 0 | G. Non-profit private entity criminal history screening requirements. All persons associated with a non-profit private entity production facility shall consent to and undergo a nationwide and statewide criminal history screening background check. This includes board members, persons having direct or indirect authority over management or policies, and employees. (1) Criminal history screening fees. All applicable fees associated with the nationwide and statewide criminal history screening background checks shall be paid by the individual or the non-profit private entity. (2) Disqualifying convictions. Individuals convicted of a felony violation of Section 30-31-20, 30-31-21, or 30-31-22 NMSA 1978, or a violation of any equivalent federal statute or equivalent statute from any other jurisdiction, shall be prohibited from participating or being associated with a production facility licensed under this rule. If an individual has been convicted of a felony violation of Section 30-31-1 et seq. NMSA 1978 other than Sections 30-31-20 through 30-31-22, or has been convicted of any equivalent federal statute or equivalent statute from any other jurisdiction, and the final completion of the entirety of the associated sentence of such conviction has been less than five (5) years from the date of the individual’s anticipated association with the production facility, then the individual shall be prohibited from serving on the board or working for the entity. An individual who is disqualified shall be notified of his or her disqualification. If the individual has been convicted of more than one (1) felony violation of Section 30-31-1 et seq. NMSA 1978 or an equivalent federal statute or equivalent statute from any other jurisdiction, the individual shall be notified that he or she is permanently prohibited from participating or being associated with a production facility licensed under this rule. Any violation of this subsection shall result in the immediate revocation of any privilege granted under this rule and the act. | 7.34.4.8(G) NMAC | 0 | (b) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have been convicted of an excluded felony offense; (c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have: (1) Served as an owner, officer or board member for a medical cannabis establishment that has had its medical cannabis establishment registration certificate revoked; or (2) Previously had a medical cannabis establishment agent registration card revoked; and (d) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment are under 21 years of age. | NRS 453A.322(3)(b)-(d) | 1 | (4)(a) The authority shall conduct a criminal records check under ORS 181.534 of a person whose name is submitted as the person responsible for a medical cannabis facility under subsection (2) of this section. (b) A person convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not be the person responsible for a medical cannabis facility for five years from the date the person is convicted. (c) A person convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not be the person responsible for a medical cannabis facility. | SB 3460 (2013) Section 2(4) | 0 | Compassion Center Principal Officer, Board Member, Agent, Volunteer or Employee Eligibility. A person shall not serve as a principal officer, board member, agent, volunteer or employee of a compassion center if he or she has been convicted of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense and received a sentence of probation. Notwithstanding this requirement, the Department may allow a person to serve as a principal officer, board member, agent, volunteer or employee of a compassion center if the Department determines that the offense was for conduct that occurred prior to the enactment of the Act or that was prosecuted by an authority other than the state of Rhode Island, and for which the Act would otherwise have prevented a conviction. | R21-28.6-MMP 2.11 | 0 | Disqualifying conviction or charge. The department may not issue or renew a registry identification card to any principal officer, board member, agent or employee of a dispensary who has been convicted of a drug-related offense or a violent felony or who has a pending charge in Vermont or another jurisdiction for such offense except as provided below. A “violent felony” means a listed crime as defined in T. 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of chapter 64 of Title 13. A conviction or charge shall not be disqualifying if it is solely based on conduct in Vermont that complies with 18 V.S.A. chapter 86 and these rules. | 18 V.S.A. Chapter 86 Subchapter 2-6.21 | 0 | None | 1 | Disqualifying felony offense allows Commissioner to overrule exclusion if they determine vilation was for medical marijuana | 1 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Felony exclusion | 1 | no | 0 | 6. That all owners and managers have been fingerprinted and have successfully passed a level 2 background screening pursuant to s. 435.04. | 0 | No | 1 | Yes | 261.265. 7. (1) | 0 | No | 0 | None | 1 | 7. REGISTERED ORGANIZATIONS SHALL NOT BE MANAGED BY OR EMPLOY ANYONE WHO HAS BEEN CONVICTED OF ANY FELONY OF SALE OR POSSESSION OF DRUGS, NARCOTICS, OR CONTROLLED SUBSTANCES PROVIDED THAT THIS SUBDIVISION ONLY APPLIES TO (A) MANAGERS OR EMPLOYEES WHO COME INTO CONTACT WITH OR HANDLE MEDICAL MARIHUANA, AND (B) A CONVICTION LESS THAN TEN YEARS (NOT COUNTING TIME SPENT IN INCARCERATION) PRIOR TO BEING EMPLOYED, FOR WHICH THE PERSON HAS NOT RECEIVED A CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT UNDER ARTICLE TWENTY-THREE OF THE CORRECTION LAW. | S 3364(7) | 0 | No | 0 | ||||||||||||||||||||
53 | Does Not Require Verticle Integration | 1 | No | No | 0 | "nonprofit medical cannabis dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses cannabis or related supplies and educational materials to cardholders. A nonprofit medical cannabis dispensary may receive payment for all expenses incurred in its operation. | 36-2801(11) | 0 | Regulated at the City and County level | 1 | No. "C. Cultivation of Medical cannabis Authorized. A Medical cannabis Optional Premises Cultivation Operation may Propagate, cultivate, harvest, prepare, cure, package, store, and label Medical cannabis, whether in concentrated form or otherwise. D. Authorized Sales. A Medical cannabis Optional Premises Cultivation Operation may only transfer Medical cannabis to the Medical cannabis Center or Medical cannabis Infused Products Manufacturer it is designated to pursuant to section 12-43.3-403, C.R.S. | M 501(C)-(D) | 0 | (3) "Licensed dispensary" or "dispensary" means a person licensed as a dispensary pursuant to section 9 of this act; (4) "Licensed producer" or "producer" means a person licensed as a producer pursuant to section 10 of this act; | Section 1(3)-(4) | 1 | “Cultivation center” means a facility operated by an organization or business registered with the Mayor pursuant to section 6 from or at which medical cannabis is cultivated, possessed, manufactured, and distributed in the form of medical cannabis, and paraphernalia is possessed and distributed to dispensaries. | Sec. 2(5) | 1 | "Registered compassion center" means a not-for-profit entity registered pursuant to §4914A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. | §4902A(l) | 0 | No | No | 0 | (e) "Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. | Sec. 10(d) | 1 | (B) Not later than ninety days after receiving an application for a nonprofit medical cannabis treatment center, the department shall register the nonprofit medical cannabis treatment center to acquire, process, possess, transfer, transport, sell, distribute, dispense, and administer cannabis for medical use, and shall also issue a cultivation registration if: 1. The prospective nonprofit medical cannabis treatment center has submitted: (a) An application fee in an amount to be determined by the department consistent with Section 13 of this law. (b) An application, including: (i) The legal name and physical address of the treatment center and the physical address of one additional location, if any, where cannabis will be cultivated. (ii) The name, address and date of birth of each principal officer and board member. (c) Operating procedures consistent with department rules for oversight, including cultivation and storage of cannabis only in enclosed, locked facilities. 2. None of the principal officers or board members has served as a principal officer or board member for a medical cannabis treatment center that has had its registration certificate revoked. | Section 9 | 0 | 1. Provisions pertaining to primary caregiver apply to nonprofit dispensary. 1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a qualifying patient who has designated a registered dispensary to cultivate cannabis for the patient's medical use, a registered dispensary may in accordance with rules adopted by the department: A. Possess and dispense up to 2 1/2 ounces of prepared cannabis and possess an incidental amount of cannabis for each qualifying patient who has designated the dispensary. For the purposes of this chapter, any incidental amount of cannabis is lawful for a registered dispensary to possess and is not included in the amounts of prepared cannabis specified in this paragraph; B. Cultivate up to 6 mature cannabis plants for each patient who has designated the dispensary to cultivate the plants on the patient's behalf subject to the limit of 6 mature plants total for a patient who also cultivates cannabis; C. Receive reasonable monetary compensation for costs associated with assisting or for cultivating cannabis for a patient who designated the dispensary; | 22 §2428(1) | 0 | No, per MI v. McQueen | No, per MI v. McQueen | 0 | No | No | 0 | “Cultivation location” means a locked and enclosed site, under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with the provisions of this chapter. | 126-W:1(IV) | 0 | An alternative treatment center shall be authorized to acquire a reasonable initial and ongoing inventory, as determined by the department, of cannabis seeds or seedlings and paraphernalia, possess, cultivate, plant, grow, harvest, process, display, manufacture, deliver, transfer, transport, distribute, supply, sell, or dispense cannabis, or related supplies to qualifying patients or their primary caregivers who are registered with the department pursuant to section 4 of this act. | Chapter 24 - Subchapter 6I – 7(a) | 0 | “Private entity | 7.34.4.8(A)(2) | 0 | “Cultivation facility” means a business that: 1. Is registered with the Division pursuant to NRS 453A.322; and 2. Acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells cannabis and related supplies to: (a) Medical cannabis dispensaries; (b) Facilities for the production of edible cannabis products or cannabis-infused products; or (c) Other cultivation facilities. (Added to NRS by 2013, 3701, effective April 1, 2014) | NRS 453A.056 | 1 | (1) The Oregon Health Authority shall establish by rule a medical cannabis facility registration system to authorize the transfer of usable cannabis and immature cannabis plants from: (a) A registry identification cardholder, the designated primary caregiver of a registry identification cardholder, or a person responsible for a cannabis grow site to the medical cannabis facility; or (b) A medical cannabis facility to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder. | HB 3460, Sec. 2(1), (2013). | 1 | (a) A compassion center registered under this section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense cannabis, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers who have designated it as one of their primary caregivers. A compassion center is a primary caregiver. Except as specifically provided to the contrary, all provisions of the Edward O. Hawkins and Thomas C. Slater Medical cannabis Act, §§ 21-28.6-1 – 21-28.6-11, apply to a compassion center unless they conflict with a provision contained in § 21-28.6-12. | § 21-28.6-12(a) | 0 | 6.12 Authorized conduct: registered dispensary. A registered dispensary is selected by a patient based solely on the patient’s preference as indicated on the patient’s application for a registry identification card. A registered dispensary may acquire, possess, cultivate, manufacture, transfer, or dispense cannabis only for the purpose of assisting a registered patient with the use of cannabis for symptom relief directly or through the qualifying patient’s designated registered caregiver. A registered dispensary may: 6.12.1 Cultivate and possess at any one time up to 28 mature cannabis plants, 98 immature cannabis plants, and 28 ounces of useable cannabis. However, if a dispensary is designated by more than 14 registered patients, the dispensary may cultivate and possess at any one time two mature cannabis plants, seven (7) immature plants and two ounces of useable cannabis for every registered patient for which the dispensary serves as the designated dispensary. | 6.12-6.12.1 | 0 | No | No | 1 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 1 | no | 0 | no | 1 | No | 0 | No | 261.265. 1. (1) | 0 | No | 0 | No | 0 | No | 0 | No | 0 | ||||||||||||||||
54 | Allows for a Reasonable Number of Dispensaries | 3 | No | No | 0 | See pages 46-49 http://www.azdhs.gov/medicalcannabis/documents/unofficial-cannabis-rules.pdf | R9-17-304. Applying for a Dispensary Registration Certificate | 3 | Regulated at the City and County level | 3 | No | No | 3 | (a) Only a dispensary at a dispensary department may dispense cannabis. (b) The commissioner shall issue at least one dispensary facility license and may issue additional dispensary facility licenses upon a determination that additional dispensary facilities are desirable to assure access to cannabis for qualifying patients. Such determination shall be made based on the size and location of the dispensary facilities in operation, the number of qualifying patients registered with the department and the convenience and economic benefits to qualifying patients. (c) Each dispensary facility may employ no more than five dispensaries at a time without prior approval from the commissioner, one of whom shall be designated as the dispensary facility manager. | Sec. 21a-408-13 | 2 | No more than 5 dispensaries shall be registered to operate in the District; provided, that the Mayor may increase the number to as many as 8 by rulemaking to ensure that qualifying patients have adequate access to medical cannabis. | Sec. 7(d)(2) | 2 | (c) No later than one year after the effective date of this chapter, provided that at least one application has been submitted from each county, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county. If there are only applicants from one or two counties, no later than one year after the effective date of this chapter, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county with an applicant. (d) By two years after the effective date of this chapter, the Department shall issue registration certifications to at least three of the highest scoring applicants not already awarded a registration certificate, provided a sufficient number of qualified additional applicants have applied. If the Department determines, after reviewing the report issued pursuant to §4922A, that additional compassion centers are needed to meet the needs of registered qualifying patients throughout the state, the Department shall issue registration certificates to the corresponding number of applicants who score the highest. (e) (1) At any time after two years after the effective date of this chapter that the number of outstanding and valid registered compassion center certificates is lower than the number of registration certificates the Department is required to issue pursuant to subsection (d), the Department shall accept applications for compassion centers and issue registration certificates to the corresponding number of additional applicants who score the highest while ensuring at least one compassion center is registered in each county. | §4914A(c)-(e) | 2 | No | No | 0 | (a) The Department of Financial and Professional Regulation may issue up to 60 dispensing organization registrations for operation. The Department of Financial and Professional Regulation may not issue less than the 60 registrations if there are qualified applicants who have applied with the Department of Financial and Professional Regulation. The organizations shall be geographically dispersed throughout the State to allow all registered qualifying patients reasonable proximity and access to a dispensing organization. | Section 115(a) | 2 | In the first year after the effective date, the Department shall issue registrations for up to thirty-five non-profit medical cannabis treatment centers, provided that at least one treatment center shall be located in each county, and not more than five shall be located in any one county. In the event the Department determines in a future year that the number of treatment centers is insufficient to meet patient needs, the Department shall have the power to increase or modify the number of registered treatment centers. | Section 9(c) | 3 | Yes | 3 | No, per MI v. McQueen | No, per MI v. McQueen | 0 | No | No | 0 | If at any time after 2 years after the effective date of this section, fewer than 4 alternative treatment centers hold valid registration certificates in New Hampshire, the department shall accept applications for a new alternative treatment center. No more than 4 alternative treatment centers shall hold valid registration certificates at one time. | 126-W:7(III) | 2 | The department shall accept applications from entities for permits to operate as alternative treatment centers, and may charge a reasonable fee for the issuance of a permit under this section. The department shall seek to ensure the availability of a sufficient number of alternative treatment centers throughout the State, pursuant to need, including at least two each in the northern, central, and southern regions of the State. The first two centers issued a permit in each region shall be nonprofit entities, and centers subsequently issued permits may be nonprofit or for-profit entities. | Chapter 24 - Subchapter 6I – 7(a) | 2 | The number of licenses issued by the department to non-profit private entities, and the determination of which non-profit entities shall be licensed, shall be determined at the discretion of the secretary, which determination shall constitute the final administrative decision of the department. | 7.34.4.8(B)(2) | 2 | 1. Except as otherwise provided in this section and NRS 453A.326, the Division shall issue medical cannabis establishment registration certificates for medical cannabis dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322: (a) In a county whose population is 700,000 or more, 40 certificates; (b) In a county whose population is 100,000 or more but less than 700,000, ten certificates; (c) In a county whose population is 55,000 or more but less than 100,000, two certificates; and (d) In each other county, one certificate. 2. Notwithstanding the provisions of subsection 1, the Division shall not issue medical cannabis establishment registration certificates for medical cannabis dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical cannabis dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Division may issue medical cannabis establishment registration certificates for medical cannabis dispensaries in excess of the ratio otherwise allowed pursuant to this subsection if to do so is necessary to ensure that the Division issues at least one medical cannabis establishment registration certificate in each county of this State in which the Division has approved an application for such an establishment to operate. 3. With respect to medical cannabis establishments that are not medical cannabis dispensaries, the Division shall determine the appropriate number of such establishments as are necessary to serve and supply the medical cannabis dispensaries to which the Division has granted medical cannabis establishment registration certificates. 4. The Division shall not, for more than a total of ten business days in any one calendar year, accept applications to operate medical cannabis establishments. | NRS 453A.324 | 3 | No caps, but a medical cannabis facility "Must not be located within 1,000 feet of another medical cannabis facility; | HB 3460, Sec. 2(3)(d), (2013). | 3 | (2) Within ninety (90) days of the effective date of this chapter, the department shall begin accepting applications for the operation of a single compassion center. (3) Within one hundred fifty (150) days of the effective date of this chapter, the department shall provide for at least one public hearing on the granting of an application to a single compassion center. (4) Within one hundred ninety (190) days of the effective date of this chapter, the department shall grant a single registration certificate to a single compassion center, providing at least one applicant has applied who meets the requirements of this chapter. (5) If at any time after fifteen (15) months after the effective date of this chapter, there is no operational compassion center in Rhode Island, the department shall accept applications, provide for input from the public, and issue a registration certificate for a compassion center if a qualified applicant exists. (6) Within two (2) years of the effective date of this chapter, the department shall begin accepting applications to provide registration certificates for two (2) additional compassion centers. The department shall solicit input from the public, and issue registration certificates if qualified applicants exist. (7) Any time a compassion center registration certificate is revoked, is relinquished, or expires, the department shall accept applications for a new compassion center. (8) If at any time after three (3) years after the effective date of this chapter, fewer than three (3) compassion centers are holding valid registration certificates in Rhode Island, the department shall accept applications for a new compassion center. No more than three (3) compassion centers may hold valid registration certificates at one time. | § 21-28.6-12(b)(2)-(8) | 2 | Limitation on number of dispensaries. The department may not issue more than four registration certificates for a dispensary. | 6.1 | 2 | No | No | 0 | Two "facilities" with up to four retail store locations each | 2 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | Yes, Commission may license freely to meet the demand of patients | 2 | no | 0 | no | 1 | No | 0 | Only two in the state | 261.265. 7. (1) | 1 | No | 0 | Yes | 3 | Language is somewhat contradictory, says the Commissioner can license no more than 5 registered organizations with no more than 4 retail locations per organization; but also says the Commissioner can license more registered organizations, too. | S 3365(9) | 2 | No | 0 | ||||||||||||||||
55 | Provisions for Labor Standards | 2 | No | No | 0 | No | No | 0 | May exist at the county or city level | May exist at the county or city level | 0 | No | 0 | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | Yes | 2 | No | 0 | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | 0 | No | 0 | No | 0 | 0 | NO | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | Potentially, but not explicitly required | 1 | (III) THAT THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION. | S 3365(1)(a)(III) | 2 | No | 0 | ||||||||||||||||||||
56 | Environmental Impact Regulations | 2 | No | No | 0 | No | No | 0 | May exist at the county or city level | May exist at the county or city level | 0 | That all contact surfaces, including utensils and equipment used for the preparation of Retail cannabis or Retail cannabis Product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Environmental Protection Agency shall be used in Retail cannabis Products Manufacturing Facilities and used in accordance with labeled instructions; | M 504(B)(9) | 2 | (4) For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in Subpart C of the federal Environmental Protection Agency’s regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food, 40 CFR 180. | 21a-408-58(e)(4) | 2 | Environmental Plan (Up to twenty (20) bonus points): (A) Measure 1: The applicant demonstrates an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of medical cannabis. (up to ten (10) bonus points); and (B) The applicant describes any plans for: (1) the use of alternative energy; (2) the treatment of waste water and runoff; (3) scrubbing or treatment of exchanged air; and (4) the co-location of growing facilities and/or the means of packaging or production. | 5403.1(b)(8) | 2 | No | No | 2 | No | No | 2 | No | No | 2 | "(e) Soil for cultivation shall meet the U.S. Agency for Toxic Substances and Disease Registry’s Environmental Media Evaluation Guidelines for residential soil levels" | 725.105(b)(1)(e) | 2 | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | No | No | 0 | 0 | 0 | 0 | 0 | 0 | 0 | No | 0 | no | 0 | no | 0 | No | 0 | No | 0 | No | 0 | Potentially, but not explicitly required | 1 | No | 0 | No | 0 | |||||||||||||||||||||||
57 | Choice of Dispensary Without Restrictions | 2 | Not applicable | 0 | No | 2 | No | 2 | No | 2 | A qualifying patient or primary caregiver may change the patient’s designated dispensary facility no more than four times per year without good cause shown and prior approval by the commissioner or the commissioner’s authorized representative. A qualifying patient or primary caregiver shall report the change on a form and in a manner prescribed by the commissioner. A change in the designated dispensary facility shall not be effective until five business days after the qualifying patient or primary caregiver notifies the department of such change. A qualifying patient or primary caregiver shall only purchase cannabis from the dispensary facility currently designated by the patient or caregiver with the department. | Conn. Agencies Regs. § 21a-408-9(c) | 0 | As part of the registration process, a qualifying patient shall designate the dispensary from which he or she will receive medical cannabis, and this designation shall appear on the qualifying patient’s registration card and, if applicable, the caregiver’s registration card. | 22c DCMR 200.7 | 0 | No | 2 | No | 0 | No | 2 | No | 2 | A registered dispensary may not dispense, deliver or otherwise transfer cannabis to a person other than a qualifying patient who has designated the dispensary to cultivate cannabis for the qualifying patient or to the patient’s primary caregiver. | 10-144 CMR 122-6.29.2 | 0 | No | 0 | N/A | 0 | No | 2 | (b) The registered primary caregiver shall only obtain medicinal cannabis for the qualifying patient from the alternative treatment center designated on his or her registry identification card and shall not: 1. Grow or cultivate medicinal cannabis for the qualifying patient; 2. Purchase medicinal cannabis through non-permitted alternative treatment centers or vendors; or 3. Obtain medicinal cannabis from or for other qualifying patients and/or primary caregivers. | N.J.A.C. 8:64-3.4 | 0 | No | 2 | No | 2 | No | 2 | A compassion center or principal officer, board member, agent, volunteer or employee of a compassion center shall not dispense, deliver or otherwise transfer cannabis to a person other than a qualifying patient who has designated the compassion center as a primary caregiver or to such patient's other primary Caregiver | R21-28.6-MMP 5.8.1 | 0 | (a) A registered patient may obtain cannabis only from the patient's designated dispensary and may designate only one dispensary. A registered patient and his or her caregiver may not grow cannabis for symptom relief if the patient designates a dispensary. A registered patient who wishes to change his or her dispensary shall notify the department of public safety in writing on a form issued by the department and shall submit with the form a fee of $25.00. The department shall issue a new identification card to the registered patient within 30 days of receiving the notification of change in dispensary. The registered patient's previous identification card shall expire at the time the new identification card takes effect. A registered patient shall submit his or her expired identification card to the department within 30 days of expiration. A registered patient shall not change his or her designated dispensary more than once in any 90-day period. | 18 V.S.A. Chapter 86 Subchapter 2-6.26.2 | 0 | No | 2 | No | 2 | No | 0 | No | 0 | No | 0 | No | 0 | No | 0 | No | 2 | no | 0 | yes | 1 | No | 0 | Yes, but there are only two | 1 | No | 0 | Yes | 2 | Yes | 2 | No dispensaries | 0 | |||||||||||||||||||||||||||||||
58 | Municipal Bans/Zoning | 1 | No | 0 | (d) if the city, town or county in which the nonprofit medical cannabis dispensary would be located has enacted zoning restrictions, a sworn statement certifying that the registered nonprofit medical cannabis dispensary is in compliance with the restrictions. | 36-2804(d) | 1 | Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following: (a) Adopting local ordinances that regulate the location, operation, or establishment of a medical cannabis cooperative or collective. (b) The civil and criminal enforcement of local ordinances described in subdivision (a). (c) Enacting other laws consistent with this article | Cal. Health & Safety Code § 11362.83 | 1 | Allowed | 1 | No | 1 | There is established a medical cannabis program, which shall regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, and administration of medical cannabis and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall be administered by the Mayor and shall: | D.C. Code § 7-1671.05(a)(13)(B) | 1 | No later than one year after the effective date of this chapter, provided that at least one application has been submitted from each county, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county. If there are only applicants from one or two counties, no later than one year after the effective date of this chapter, the Department shall issue compassion center registration certificate to the highest scoring applicant in each county with an applicant. | Del. Code Ann. Tit 16 §4914A(cDel. Code Ann. Tit 16 ) | 1 | No | 0 | (e) An application for a cultivation center permit must be denied if any of the following conditions are met: (2) the applicant would not be in compliance with local zoning rules issued in accordance with Section 140; | Public Act 098-0122 § 85(e)(2) | 1 | Temporary Moratoriums allowed, per AG's decision | 1 | 1 | No | 1 | Nothing currently (Municipal bans would be permitted under the pending dispensary bill.) | 0 | Local government authority to regulate. (1) To protect the public health, safety, or welfare, a local government may by ordinance or resolution regulate a provider or cannabis-infused products provider that operates within the local government's jurisdictional area. The regulations may include but are not limited to inspections of locations where cannabis is cultivated or manufactured in order to ensure compliance with any public health, safety, and welfare requirements established by the department or the local government. (2) A local government may adopt an ordinance or resolution prohibiting providers and cannabis-infused products providers from operating as storefront businesses. | Mont. Code Ann. § 50-46-328 | 1 | No | 1 | 2. Each applicant, including the information for each subcontractor or affiliate to the entity named in the application shall submit: x. Written verification of the approval of the community or governing body of the municipality in which the alternative treatment center is or will be located; | N.J.A.C. 8:64 -7.1(b)(2)(x) | 1 | No | 0 | 3. Except as otherwise provided in NRS 453A.324, 453A.326, 453A.328 and 453A.340, not later than 90 days after receiving an application to operate a medical cannabis establishment, the Division shall register the medical cannabis establishment and issue a medical cannabis establishment registration certificate and a random 20-digit alphanumeric identification number if: (a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Division all of the following:... (5) If the city, town or county in which the proposed medical cannabis establishment will be located has enacted zoning restrictions, proof of licensure with the applicable local governmental authority or a letter from the applicable local governmental authority certifying that the proposed medical cannabis establishment is in compliance with those restrictions and satisfies all applicable building requirements | NRS 453A.322(3)(a)(5) | 1 | No, but moratoriums allowed through May 2015 | 1 | No | 1 | Nothing in this subchapter shall be construed to prevent a municipality from prohibiting the establishment of a dispensary within its boundaries or from regulating the time, place, and manner of dispensary operation through zoning or other local ordinances. (Added 2011, No. 65, § 1, eff. June 2, 2011.) | Vt. Stat. Ann. Tit. 18, § 4474l | 1 | (1) Cities and towns may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction: Zoning requirements, business licensing requirements, health and safety requirements, and business taxes. Nothing in chapter 181, Laws of 2011 is intended to limit the authority of cities and towns to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. (2) Counties may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction in locations outside of the corporate limits of any city or town: Zoning requirements, business licensing requirements, and health and safety requirements. Nothing in chapter 181, Laws of 2011 is intended to limit the authority of counties to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. | Wash. Rev. Code § 69.51A.140 | 1 | 1,000 feet from schools, no local bans | Sec. 152.29 SubD 1(j) (pg 12) | 1 | No | 0 | 0 | No | 0 | No | 0 | No | 0 | (10) AN ENTITY SEEKING LICENSURE AS A MEDICAL MARIJUANA GROWER SHALL MEET LOCAL ZONING AND PLANNING REQUIREMENTS. | 13–3309 | 1 | no | 0 | no1. The technical and technological ability to cultivate and produce low-THC cannabis. The applicant must possess a valid certificate of registration issued by the Department of Agriculture and Consumer Services pursuant to s. 581.131 that is issued for the cultivation of more than 400,000 plants, be operated by a nurseryman as defined in s. 581.011, and have been operated as a registered nursery in this state for at least 30 continuous years. | 0 | No | 0 | No | 1 | No | 0 | None | 1 | No | 1 | No providers allowed | 0 | |||||||||||||||||||||||||
59 | No sales tax or reasonable sales tax | 1 | Only means of acquiring medicine, home cultivation, does not subject patients to tax | No | 0 | QP36: Will I have to pay tax on medical cannabis? A dispensary will owe state, county, and any applicable local retail transaction privilege tax (Arizona's version of sales tax) on receipts from its sales of medical cannabis and any other products it may sell to consumers. As with any retail business, the dispensary is allowed to pass the amount of the tax on to its customers. Note that there is no additional or special tax on medical cannabis at this time. | http://www.azdhs.gov/medicalcannabis/faqs/index.php?pg=qualifying-patients | 1 | If you sell medical cannabis, your sales in California are subject to tax and you are required to hold a seller’s permit. If you do not obtain a seller’s permit prior to the date the first tax return is due, you are subject to penalty and interest charges. Persons who make sales without a seller’s permit are also generally subject to an eight-year look-back period. | http://www.boe.ca.gov/news/pdf/l245.pdf | 1 | 12-43.3-103. Applicability. (1) (a) ON JULY 1, 2010, A PERSON WHO IS OPERATING AN ESTABLISHED, LOCALLY APPROVED BUSINESS FOR THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL cannabis OR MEDICAL cannabis-INFUSED PRODUCTS OR A PERSON WHO HAS APPLIED TO A LOCAL GOVERNMENT TO OPERATE A LOCALLY APPROVED BUSINESS FOR THE PURPOSE OF CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL cannabis OR MEDICAL cannabis-INFUSED PRODUCTS WHICH IS SUBSEQUENTLY GRANTED MAY CONTINUE TO OPERATE THAT BUSINESS IN ACCORDANCE WITH ANY APPLICABLE STATE OR LOCAL LAWS. "ESTABLISHED", AS USED IN THIS PARAGRAPH (a), SHALL MEAN OWNING OR LEASING A SPACE WITH A STOREFRONT AND REMITTING SALES TAXES IN A TIMELY MANNER ON RETAIL SALES OF THE BUSINESS AS REQUIRED PURSUANT TO 39-26-105, C.R.S., AS WELL AS ANY APPLICABLE LOCAL SALES TAXES. | 12-43.3-103 of HB 1284 | 1 | No taxes mentioned by statute, but sales tax might be included, as "The exemption for nonprescription drugs and medicines, and smoking cessation products is repealed effective July 1, 2011 (pursuant to 2011 Conn. Pub. Acts 6)" | http://www.ct.gov/drs/cwp/view.asp?a=1477&Q=269920&drsPNavCtr=%7C40829%7C | 1 | The amount of sales tax reported by the cultivation center/dispensary to Office of Tax and Revenue (OTR) during the preceding six (6) months | 5903.2(j) and 5904.2(f) | 1 | No | No | 1 | Only means of acquiring medicine, home cultivation, does not subject patients to tax | N | 0 | (a) Beginning on the effective date of this Act, a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. The proceeds from this tax shall be deposited into the Compassionate Use of Medical Cannabis Fund created under the Compassionate Use of Medical Cannabis Pilot Program Act. This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient. (b) The tax imposed under this Act shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision thereof. | Section 200 | 1 | No | No | 1 | 5% sales tax and 8% meals and rooms tax on edible products | Sec. A-1. 36 MRSA c. 723 | 1 | No | No | 0 | No | No | 1 | No | No | 1 | Medical cannabis purchases from dispensaries are subject to 7% sales tax. | NEW JERSEY DIVISION OF TAXATION REGULATORY SERVICES BRANCH TECHNICAL BULLETIN 68, ISSUED: 11-30-12 | 1 | Nothing definitive,but gross sales receipts tax may apply | ? | 1 | 1. An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a cultivation facility to another medical cannabis establishment at the rate of 2 percent of the sales price of the cannabis. The excise tax imposed pursuant to this subsection is the obligation of the cultivation facility. 2. An excise tax is hereby imposed on each wholesale sale in this State of edible cannabis products or cannabis-infused products by a facility for the production of edible cannabis products or cannabis-infused products to another medical cannabis establishment at the rate of 2 percent of the sales price of those products. The excise tax imposed pursuant to this subsection is the obligation of the facility for the production of edible cannabis products or cannabis-infused products which sells the edible cannabis products or cannabis-infused products to the other medical cannabis establishment. 3. An excise tax is hereby imposed on each retail sale in this State of cannabis, edible cannabis products or cannabis-infused products by a medical cannabis dispensary at the rate of 2 percent of the sales price of the cannabis, edible cannabis products or cannabis-infused products. The excise tax imposed pursuant to this subsection: (a) Is the obligation of the medical cannabis dispensary. (b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property. (c) Must be considered part of the total retail price to which general state and local sales and use taxes apply. 4. The revenues collected from the excise taxes imposed pursuant to subsections 1, 2 and 3 must be distributed as follows: (a) Seventy-five percent must be paid over as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund. (b) Twenty-five percent must be expended to pay the costs of the Division of Public and Behavioral Health of the Department of Health and Human Services in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive. 5. The Department shall review regularly the rates of the excise taxes imposed pursuant to subsections 1, 2 and 3 and make recommendations to the Legislature, as appropriate, regarding adjustments that the Department determines would benefit the residents of this State. | NRS 372A.075 | 1 | No, but may be TBA. | No | 1 | "A surcharge at a rate of four percent (4.0%) shall be imposed upon the net patient revenue received each month by every compassion center. Every compassion center shall pay the monthly surcharge to the tax administrator no later than the twentieth (20th) day of the month following the month that the net patient revenue was received. This surcharge shall be in addition to any other authorized fees that have been assessed upon a compassion center." and no exemption from state sales tax. | Emergency Regulation CCS 11-01 Rule 6 | 1 | No | No | 1 | No, but may be imposed by municipalities under 69.51A.140. | 1 | No | 1 | No taxes, but patients unlikely to be able to aquire CBD-rich products | 1 | No taxes, but patients unlikely to be able to aquire CBD-rich products | 1 | No taxes, but patients unlikely to be able to aquire CBD-rich products | 1 | No taxes, but patients unlikely to be able to aquire CBD-rich products | 1 | No taxes, but patients unlikely to be able to aquire CBD-rich products | 1 | No | 1 | no | 1 | no | 1 | A four-year public institution of higher education located in any county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400) according to the 2010 federal census | TCA Section 39-17-402(16) | 0 | No | 1 | No | 0 | No | 1 | 7% excise tax | ARTICLE 20-B EXCISE TAX ON MEDICAL MARIHUANA | 1 | No sales allowed, so not taxed | 0 | |||||||||||||||
60 | 25 | 0 | 15 | 9 | 18 | 20 | 15 | 15 | 2 | 23 | 21 | 11 | 0 | 2 | 13 | 12 | 13 | 20 | 17 | 11 | 10 | 6 | 14 | 1 | 1 | 3 | 2 | 1 | 17 | no tax | 1 | 4 | 1 | 6 | 1 | 18 | 16 | 1 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
61 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
62 | Total out of 400 | 244 | 0 | 0 | 317 | 0 | 0 | 320 | 0 | 0 | 314 | 0 | 0 | 250 | 0 | 0 | 247 | 0 | 0 | 266 | 0 | 0 | 251 | 0 | 0 | 259 | 0 | 0 | 296 | 339 | 0 | 0 | 281 | 0 | 0 | 246 | 0 | 0 | 263 | 0 | 0 | 241 | 0 | 0 | 303 | 0 | 0 | 300 | 0 | 0 | 315 | 0 | 0 | 324 | 0 | 0 | 291 | 0 | 0 | 322 | 0 | 0 | 240 | 0 | 0 | 56 | 0 | 0 | 59 | 0 | 0 | 47 | 0 | 0 | 43 | 0 | 0 | 46 | 0 | 0 | 245 | #VALUE! | 0 | 51 | 0 | 0 | 57 | 40 | 47 | 41 | 266 | 195 | 54 | ||||||||||||||||||
63 | Average: | 61 | 0 | 0 | 79.25 | 0 | 0 | 80 | 0 | 0 | 78.5 | 0 | 0 | 62.5 | 0 | 0 | 61.75 | 0 | 0 | 66.5 | 0 | 0 | 62.75 | 0 | 0 | 64.75 | 0 | 0 | 74 | 84.75 | 0 | 0 | 70.25 | 0 | 0 | 61.5 | 0 | 0 | 65.75 | 0 | 0 | 60.25 | 0 | 0 | 75.75 | 0 | 0 | 75 | 0 | 0 | 78.75 | 0 | 0 | 81 | 0 | 0 | 72.75 | 0 | 0 | 80.5 | 0 | 0 | 60 | 0 | 0 | 14 | 0 | 0 | 14.75 | 0 | 0 | 11.75 | 0 | 0 | 10.75 | 0 | 0 | 11.5 | 0 | 0 | 61.25 | #VALUE! | 0 | 12.75 | 0 | 0 | 14.25 | 10 | 11.75 | 10.25 | 66.5 | 48.75 | 13.5 | ||||||||||||||||||
64 | Final Grade | D- | C+ | B- | C+ | D | D | D | D | D | C | B | C- | D | D | D- | C | C | C+ | B | C | B- | D- | F | F | F | F | F | D | F | F | F | F | F | D | F+ | F |