There are several jurisdictions which permit doctors to recommend using marijuana for the treatment of various medical conditions. These jurisdictions include:
- Alaska;
- Arizona;
- California;
- Colorado;
- Connecticut;
- Delaware;
- Hawaii;
- Illinois;
- Maine;
- Massachusetts;
- Michigan;
- Montana;
- Nevada;
- New Hampshire;
- New Jersey;
- New Mexico;
- Oregon;
- Rhode Island;
- Vermont;
- Washington; and
- Washington D.C.
The states listed above have removed any criminal penalties for possessing and using marijuana for medical purposes. With the exception of Delaware, these states also permit the cultivation of marijuana by the patient or by their primary caregiver.
However, the amount of marijuana which can be grown is limited. The State of Maryland has not yet legalized marijuana but medical use can be a defense to a charge of marijuana possession in the state.
It is important to be aware that these laws may change with future elections. Any individual who is seeking to use medical marijuana under state laws should keep in mind that cultivating and trafficking marijuana is still illegal pursuant to federal laws.
Medical use is not a defense against federal charges. In other words, the fact that an individual was acting in accordance with state laws will not serve as a defense against drug charges.
However, the federal government does not often concern itself with the possession or transport of small amounts of marijuana for personal use, although there have been exceptions. Therefore, as a general rule, an individual who is acting in accordance with the laws of their state will not likely face criminal charges.
How Much Medical Marijuana Can Qualified Patients Possess?
The states which permit the use of medical marijuana vary in the amount which a patient is permitted to possess at any given time. This may range from 1 ounce to 24 ounces.
The legal possession limits for medical marijuana in each jurisdiction are:
- 1oz in:
- Alaska;
- Montana; and
- Nevada;
- 2 oz in:
- Colorado;
- Washington D.C.;
- New Hampshire;
- New Jersey; and
- Vermont;
- 2.5 oz in:
- Arizona;
- Illinois;
- Maine;
- Michigan; and
- Rhode Island;
- 3 oz in Hawaii;
- 6 oz in Delaware and New Mexico;
- 8 oz in California; and
- 24 oz in Oregon and Washington.
There are two states which do not measure the possession limit of medical marijuana in ounces, Connecticut and Massachusetts. In Connecticut, a qualified individual is allowed a one month supply of medical marijuana.
In Massachusetts, a qualified individual is permitted to possess sixty day’s worth of medical marijuana.
What is a Medical Marijuana Club Card?
Although the use, possession, and sale of marijuana is still considered illegal under federal laws, there are many states which have passed provisions that legalize marijuana to treat certain medical conditions.
There are 37 states as well as the District of Columbia that have legalized the purchase and use of medical marijuana from authorized dispensaries as of February 2022. In order to legally purchase medical marijuana in a state where it is available, an individual is required to obtain a state issued medical marijuana card.
Each state has a different process for obtaining medical marijuana cards. All states, however, require a signed recommendation from a licensed physician that states the individual has a qualifying condition and that marijuana would help treat that condition.
Valid medical marijuana cards also allow an individual to purchase marijuana and marijuana products, including marijuana edibles and cannabis oil. Additionally, states generally allow a patient with a medical marijuana card to grow their own marijuana plants for personal use.
The states vary widely regarding the amount of marijuana which an individual can purchase or grow with a medical marijuana card. If an individual has questions regarding their state’s medical marijuana policy, they can consult the state health services website or contact a medical marijuana attorney.
Will a Medical Marijuana Card Keep Me from Getting Criminal Charges?
Although numerous state laws have legalized personal use and the cultivation of medical marijuana, as noted above, marijuana remains illegal under federal laws. This means that while medical marijuana cards may shield individuals from prosecution by state authorities, it is still possible for the individual to be charged by federal law enforcement.
It is important to note that how the federal government handles and interacts with state medical marijuana laws may change with each presidential administration change. Additionally, even though state medical marijuana laws permit patients to use marijuana to treat a qualifying condition, there are limitations to the rights which are provided by a medical marijuana card.
Even if an individual holds a valid medical marijuana card, they are not permitted to:
It is important to note that even if medical marijuana use is legal in an individual’s state, employers are still permitted to require drug testing as well as deny employment if an individual uses marijuana.
Are Medical Marijuana Cards Legal in My State?
As noted above, as of 2022, there are 37 states and the District of Columbia which have legalized medical marijuana, including:
- Alaska;
- Arizona;
- Arkansas;
- California;
- Colorado;
- Connecticut;
- Delaware;
- District of Columbia;
- Florida;
- Hawaii;
- Illinois;
- Kansas;
- Louisiana;
- Maine;
- Maryland;
- Massachusetts;
- Michigan;
- Minnesota;
- Mississippi;
- Missouri;
- Montana;
- Nevada;
- New Hampshire;
- New Jersey;
- New Mexico;
- New York;
- North Dakota;
- Ohio;
- Oklahoma;
- Oregon;
- Pennsylvania;
- Rhode Island;
- South Carolina;
- Utah;
- Vermont;
- Virginia;
- Washington; and
- West Virginia.
Out the jurisdictions listed above, there are 5 states which do not issue medical marijuana cards, including:
- Delaware;
- Iowa;
- Maine;
- Maryland; and
- Washington.
The State of Massachusetts will accept letters from a physician in the place of a medical marijuana card until the state begins issuing cards. The states which have not legalized medical marijuana include:
- Alabama;
- Idaho;
- Nebraska;
- North Carolina;
- South Carolina;
- Tennessee; and
- Wyoming.
Each state, therefore, differs regarding the possession, use, sale, and distribution of medical marijuana. Additionally, within a state, the marijuana laws may vary by county.
Because of these variances, it is important for an individual to review the laws in their area related to medical marijuana laws and policies. In states which have not decriminalized marijuana usage in any form, possession is likely still treated as a criminal charge.
Proof of medical use, however, may result in a more lenient sentence, for example, a fine instead of jail time.
Can I Use My State’s Medical Marijuana Card in Other States?
As of 2022, medical marijuana card reciprocity is permitted in the following states and territories:
- Arizona;
- Arkansas;
- Hawaii;
- Maine
- Michigan;
- Nevada;
- New Hampshire;
- New Mexico;
- Oklahoma;
- Puerto Rico;
- Rhode Island;
- Utah; and
- Washington D.C.
It is important to note that in Arizona and Michigan there are special restrictions for non-residents with medical marijuana cards.
Do I Need a Lawyer if I am Charged with Possession of Medical Marijuana?
If you have any issues, questions, or concerns regarding the medical marijuana laws in your state or if you have been charged with violating medical marijuana laws, it may be helpful to consult with a drug lawyer for help. Medical marijuana laws vary from state to state and the penalties for violations may be quite severe.
Your lawyer can advise you regarding the laws in your state as well as possible penalties you may face for violating those laws or traveling to another state with medical marijuana. If you are facing charges, your lawyer will represent you in court and may be able to have your charges reduced.
