(Updated 10/20/2021)

Summary: The legalization of marijuana has long been a topic of debate. Proponents state that it is nonaddicting, less harmful than cigarettes and alcohol, and relieves certain symptoms such as nausea and pain associated with debilitating medical conditions more safely than prescription drugs. Opponents claim that it is more harmful than tobacco products, it damages the immune system, raises blood pressure, and does not provide beneficial relief of various medical ailments. This camp also contends that marijuana is a gateway drug.

Many states have now legalized not only medical marijuana, but recreational, or adult marijuana.

 Medical Marijuana

While the debate continues, twenty-seven states, the District of Columbia, and two U.S. territories have enacted legal medical marijuana statutes. Eight states have legalized it for recreational use. Each state that allows it medically has a list of allowed conditions such as the following partial list:

  •  AIDS
  • Anorexia
  • Arthritis
  • Cachexia
  • Cancer
  • Chronic pain
  • Depression
  • Glaucoma
  • Migraine
  • Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis
  • Seizures, including, but not limited to, seizures associated with epilepsy
  • Severe nausea

In the states that have enacted legal medical marijuana statutes, except Oregon and Illinois, all individuals must be able to prove that they are residents of the state with written documentation from a physician stating that he has a debilitating medical condition and might benefit from marijuana use in order to receive a registry identification card permitting them to obtain and use marijuana legally. In Arkansas, patients may use Arkansas registration cards or out of state cards proving they qualify. Medical marijuana is legal in the following states:

  • Alabama
  • Alaska (also legalized recreational use marijuana)
  • Arizona
  • Arkansas 
  • California (also legalized recreational use marijuana)
  • Colorado (also legalized recreational use marijuana)
  • Connecticut (also legalized recreational use marijuana)
  • Delaware
  • District of Columbia (also legalized recreational use marijuana)
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Maine (also legalized recreational use marijuana)
  • Maryland
  • Massachusetts (also legalized recreational use marijuana)
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada (also legalized recreational use marijuana)
  • New Hampshire
  • New Jersey (also legalized recreational use marijuana)
  • New Mexico (also legalized recreational use marijuana)
  • New York (also legalized recreational use marijuana)
  • North Dakota
  • Ohio 
  • Oregon (also legalized recreational use marijuana)
  • Pennsylvania
  • Rhode Island 
  • South Dakota
  • Utah
  • Vermont 
  • Virginia (also legalized recreational use marijuana)
  • Washington (also legalized recreational use marijuana) 
  • West Virginia

Patients and physicians are allowed to cultivate marijuana in all listed states but New Jersey, and New Mexico requires a special license in order for patients and physicians to grow marijuana. Most statutes state that medical marijuana users cannot be arrested for possession, transportation, delivery, or cultivation of medical marijuana in an amount established by the state statute. Note however that such statutes make the individual only criminally immune from state law. Marijuana remains a schedule I substance under federal law. So, while someone may be using it for medicinal purposes according to the state statutes, it is still illegal to obtain and use marijuana by federal standards. States that have legalized marijuana for recreational use as well as medical use are Washington, Oregon, Colorado, Alaska, and D.C. The following seventeen states that have not yet enacted legal medical marijuana statutes have made medical marijuana with low THC levels and high cannabidiol (CBD) levels legal for use by certain individuals:

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

Most of the CBD-only laws allow plants to contain between .5 and 3 percent THC because these have been used effectively to treat epilepsy in children. Many states have similar pending legislation. In the majority of states with CBD-only laws, the patient must have a form of intractable epilepsy. Under Florida law, an eligible patient is one who is suffering from cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms, if no other satisfactory alternative treatment options exist for that patient.

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