THE ULTIMATE

STATE-BY-STATE
GUIDE FOR LEGAL
AND SAFE ACCESS
TO CANNABIS
MEDICINE

SPECIAL REPORT
 UNRAVELING THE LAWS
STATE, FEDERAL, AND LOCAL MEDICAL
CANNABIS LAWS ALL DIFFER AND MOST ARE
COMPLEX. To further confuse patients, there are
even a few local laws that supersede state and federal
laws. For instance, the U.S. government classifies it
as illegal. But, in Washington, DC, America's Capital
city, cannabis is legal. How can patients navigate the
system to get help and start feeling better? Keep
reading to learn how to help yourself and other
patients gain legal access to the sacred plant.
To highlight this confusion, consider these two
AT THE TURN OF
THE 20TH CENTURY,
THE PLANT WAS
A POPULAR, AND
WIDELY PRESCRIBED
MEDICATION FOR MANY
HEALTH CONDITIONS
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recent news events. In early August 2018, local
police in North Carolina conducted a raid and
arrested a man for possession along with several
other felony charges for cultivating the plant.
Meanwhile, on the other side of the country in
California, the city of Los Angeles is issuing licenses
to grow the controversial plant for recreational use
more than two decades after the state approved
medicinal use for an expanding number of conditions.
Situations like the differences in laws between
North Carolina and California are becoming more
common because of cannabis's unjust vilification.
THE FEDERAL GOVERNMENT WON'T BUDGE
ON DECLASSIFYING THE SACRED PLANT
Before we get into the different state and local level
legalities, it's good to start off with a bit about what
most people know about cannabis and federal law.
The U.S. government classifies the cannabis sativa
plant as a Schedule 1 substance placing it alongside
drugs like heroin and claims it has no medicinal value.
However, it wasn't always this way. At the turn
of the 20th century, the plant was a popular,
 DO YOUR RESEARCH
and widely prescribed medication for many
health conditions, including general pain. But,
that would end following the government's
successful launch of alcohol prohibition in 1920.
Enter the Marihuana Tax Act of 1937 which added
a high tax on all cannabis products. Still, this wasn't
enough for those persecuting the plant as they
pursued further prohibition of the plant despite initial
objections by the American Medical Association
and the La Guardia Committee Report. The study
from the New York Academy of Medicine found the
plant didn't cause physical addiction, wasn't the
path to a life of crime, nor did it drive their need
for stronger drugs, such as cocaine and heroin.
The end for the sacred plant in America
came with the Controlled Substance Act of
1970, ending any chance of research into
the medicinal value of cannabis sativa.
DO YOU LIVE IN A STATE WITH LEGAL
MEDICAL CANNABIS?
There are 31 states plus Washington, DC, Guam, and
Puerto Rico that allow medicinal use for qualified
patients with a valid recommendation. While diving
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into your own state research, understand no state
laws are the same. In fact, most vary a lot. The two
most common law differences occur in the medicine's
delivery method and qualifying conditions.
For example, New York, West Virginia, and Puerto
Rico's laws prohibit smoking, and New York is one of
the first states as of August 1, 2018, to allow patients
to choose medical cannabis over opioid prescriptions.
However, the state's right to ban smoking, which is
one of the fastest ways to get relief with cannabis
treatment is still uncertain. A judge challenged and
overturned Florida’s similar stipulation in June 2018.
Continue reading this report to learn more about
the different laws across the U.S. and its territories.
THE STUDY FROM THE
NEW YORK ACADEMY OF
MEDICINE FOUND THE
PLANT DIDN’T CAUSE
PHYSICAL ADDICTION
 LEARN MORE ABOUT STATE LAWS thesacredplant.com

Year Law
U.S. State Where to Find More Information
Passed

Alaska 1998 http://dhss.alaska.gov/dph/VitalStats/Pages/marijuana.aspx

Arizona 2010 https://www.azdhs.gov/licensing/medical-marijuana/index.php
Arkansas 2016 https://www.healthy.arkansas.gov/programs-services/topics/medical-marijuana
California 1996 https://www.cdph.ca.gov/Programs/CHSI/Pages/Medial-Marijuana-Identification-Card.aspx
Colorado 2000 https://www.colorado.gov/pacific/cdphe/medicalmarijuana
Connecticut 2012 https://portal.ct.gov/DCP/Medical-Marijuana-Program/Medical-Marijuana-Program
Delaware 2011 http://dhss.delaware.gov/dph/hsp/medmarhome.html
Florida 2016 http://www.flhealthsource.gov/ommu/
Hawaii 2000 http://health.hawaii.gov/medicalcannabis/
Illinois 2013 http://www.dph.illinois.gov/topics-services/prevention-wellness/medical-cannabis
Louisiana 2017 http://ldh.la.gov/index.cfm/page/2892
Maine 1999 https://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml
Maryland 2014 https://mmcc.maryland.gov/Pages/home.aspx
Massachusetts 2012 https://www.mass.gov/medical-use-of-marijuana-program
Michigan 2008 https://www.michigan.gov/lara/0,4601,7-154-79571_79575---,00.html
Minnesota 2014 http://www.health.state.mn.us/topics/cannabis/
Montana 2004 https://dphhs.mt.gov/marijuana
Nevada 2000 http://dpbh.nv.gov/Reg/Medical_Marijuana/
New Hampshire 2013 https://www.dhhs.nh.gov/oos/tcp/
New Jersey 2009 https://www.nj.gov/health/medicalmarijuana/
New Mexico 2007 https://nmhealth.org/about/mcp/svcs/
New York 2014 https://www.health.ny.gov/regulations/medical_marijuana/
North Dakota 2016 http://www.ndhealth.gov/mm/
Ohio 2016 https://www.medicalmarijuana.ohio.gov/
Oklahoma 2018 http://omma.ok.gov/
Oregon
Oregon 1998
1998
https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/
MEDICALMARIJUANAPROGRAM/Pages/index.aspx
Pennsylvania 2016 https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/
Rhode Island 2006 http://www.health.ri.gov/healthcare/medicalmarijuana/
Vermont 2004 http://medicalmarijuana.vermont.gov/
Washington 1998 https://www.doh.wa.gov/YouandYourFamily/Marijuana/MedicalMarijuana
West Virginia 2017 https://dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx
Washington, DC 2010 https://dchealth.dc.gov/service/medical-marijuana-and-integrative-therapy
Guam 2014 https://dol.guam.gov/content/medical-cannabis-information
Puerto Rico 2016 http://www.salud.gov.pr/Dept-de-Salud/Pages/Cannabis-Medicinal.aspx

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 ACCESS TO CBD thesacredplant.com

States that only allow cannabidiol (CBD) oil is another

option. This is one of many therapeutic cannabinoids EVEN IF YOU LIVE
that both cannabis and hemp plants produce with
no psychoactive properties. Many of these laws
IN A STATE WITH
dictate that all CBD products must contain less LEGAL ACCESS, IT’S
than 3 percent tetrahydrocannabinol (THC), which
is the cannabinoid found in cannabis sativa that
IMPORTANT TO CHECK
produces the “high” associated with the plant. WITH CITY, COUNTY,
When considering CBD oil, pay attention to the
source of the oil. Most states that allow CBD only AND LOCAL LAWS.
consider hemp-based and not whole plant oils.
While these oils may provide some relief, they are these frustrating situations. Another example is
not as beneficial as non-industrial hemp and whole Virginia. In 2017, they passed a minimal CBD law.
plant oils that contain components from the entire After an outcry from patients and advocates, the
plant including THC. Some state governments state expanded their medical cannabis program.
have passed legislation allowing for medicinal But, after much debate, they are limiting THC to
use. As of August 1, 2018, those states include: 5 percent. This extension to the law is causing
issues for patients who need different ratios that
Alabama (2016) South Carolina (2014) require higher THC doses to treat their condition.
Georgia (2015) Tennessee (2014) Idaho, South Dakota, Nebraska, and Kansas are the
only states with no legal access to the sacred plant.
Iowa (2014) Texas (2015)
According to a valuable source in the fight for safe
Indiana (2017) Utah (2014) medical cannabis access, Marijuana Policy Project,
Kentucky (2014) Virginia Idaho is getting closer to joining the rest of the U.S.
states with sensible programs that allow the sacred
Mississippi (2014) Wisconsin (2013) plant as medicine. In 2018, Kansas came close to
Missouri (2014) Wyoming (2015) allowing some medicinal products. However, the
law is confusing and creates an undue hardship for
North Carolina (2014)
We were able to provide websites for more
information on the states that allow CBD oil. Please
note that not all states have a site or information on
their department of health web portal for residents to
access this information. This can add more confusion
to the already conflicting federal and state-to-state
rules because not all the states that have made
changes offer a website or information on their existing
department of health web portals to help patients.
For example, residents of Georgia are experiencing
extra stress with a CBD oil law that allows residents
to use the medicine but doesn’t offer a legal
option to obtain it. Unfortunately, this is nothing
new. Many states have overcome conflicting laws
for CBD and THC and a few are still experiencing

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 FIGHTING FOR SAFE ACCESS thesacredplant.com

patients because it only allows products without THC. As mentioned, some states are legalizing this
All cannabis, even hemp strains, contain traces of it. plant for recreational use. As of August 2018, the
Even if you live in a state with legal access, it’s states include:
important to check with city, county, and local
laws. This is even more essential for patients Alaska (2014)
and caregivers that intend to grow their own California (2017)
medicine. For example, different counties can
have lower counts of the number of mature plants Colorado (2012)
or flowering plants a person can grow at once. Maine (2016)
Residents in recreational states that want to grow
Massachusetts (2016)
for medicinal reasons still need to pay attention
to ever-changing rules and apply extra caution. Nevada (2016)
Local municipalities are still working to exercise
Oregon (2014)
control in the new recreational states such as
California, and are adding restrictions and even Vermont (2018)
complete bans that supersede state law. Washington (2012)

WHAT CAN YOU DO IF YOU DON’T LIVE District of Columbia (2014)

IN A LEGAL STATE?
If you don’t live in an area with legal access, it doesn’t
mean you can’t do anything. Please understand, by
law, we can’t recommend any actions that may break
federal, state, or local laws and acknowledge that
few people have the resources to move to where this
treatment is accessible. But, we can suggest if you can
visit an area where recreational use is legal, consider
taking a medical trip to find out if this medicine can
work for you.
No matter what, don’t give up and keep fighting
for access where you live. If you already live in an area
where patients have access, advocate for family and
loved ones in the state’s dealing with prohibition.
We are in an exciting time for the sacred plant. More
states are passing laws allowing patients access to
this amazing medicine and this progress will enable
researchers, scientists, care providers, and medical
professionals to complete more, in-depth studies
of its healing properties. With more than 800 active
state bills for 2018 alone, advocates are already busy
fighting for safe access to medical cannabis for millions
of current and potential patients.
For an expanded look at the current international
laws and how they are changing to help their citizens
find relief from a range of symptoms with this plant-
based medicine continue reading the next report.

THE DIFFERENCE BETWEEN MEDICAL AND

RECREATIONAL CANNABIS
While, it may be tempting to “self-medicate,” there NO MATTER
are distinct differences between the two mediums.
Medical dosages vary by patient, condition, symptoms, WHAT, DON’T GIVE
and the severity of those symptoms. While you may
find something that works well on your own for one or
UP AND KEEP
more ailments, spending the time and money to see FIGHTING FOR
a physician or medical professional that specializes in
the sacred plant can guide and help you find the right
ACCESS WHERE
dosage, formulation, and protocol. YOU LIVE.
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 STATE LAWS AT A GLANCE
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by the inclusion of brief quotations in a review to be printed or
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Each interviewee has granted TSP Publishing, LLC a nonexclusive,
non-transferable limited license to copyright, use, display and
publish the content of the interviews. The opinions reflected in this
report may not reflect the opinions of TSP Publishing, LLC or John
Malanca.
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Disclaimer:
The information and statements contained herein have not
been evaluated by the FDA and are not intended to diagnose,
treat, cure or prevent any illness. The contents of this report
are for informational purposes only and are not intended to be
a substitute for medical advice, diagnosis or treatment. Never
disregard professional medical advice or delay seeking treatment
due to information contained herein.
Although the publisher has made every effort to ensure the
accuracy and completeness of the information contained in
this report. We assume no responsibility for errors, omissions,
inaccuracies, or any inconsistency herein.