It is hard to overstate just how quickly the legal landscape around and public attitudes toward cannabis have changed. According to Gallup, 64% of Americans support cannabis legalization. In the past decade or so, 32 states plus the District of Columbia are states with legalized medical cannabis. Ten states and D.C. have fully legalized the plant. In 2018, a record 21 states considered adult-use cannabis bills.
Let’s take a closer look at medical marijuana legal states and recreational cannabis states to understand how their laws differ.
Medical Marijuana vs. Other Cannabis Products
In most medical cannabis states, a patient must have a qualifying condition recognized by the state. A doctor must recommend cannabis as a treatment and the patient has to register with whatever state-run medical cannabis patient registration system is in place.
When it comes to recreational cannabis products and medical marijuana products, there isn’t too much difference. In some states, like California and Colorado, medical cannabis products are not taxed to the extent that recreational cannabis products are. And medical products can have a higher potency.
In stricter medical cannabis states like Alabama and Louisiana, medical cannabis products are very limited. They must have a potency of no more than .3% THC and cannot be smokable.
What the new Farm Bill Brings to the Table
The 2018 Farm Bill does nothing to legalize cannabis. Instead, it legalized hemp, a variation of the cannabis plant, for industrial use. The difference between hemp and cannabis, in the eyes of the law, is centered on potency. Hemp is legal so long as it has less than .3% THC.
While the Farm Bill doesn’t legalize or change federal policies on pot, it could help along the legalization process. The 2018 Farm Bill calls for more research on hemp, which could include more studies on the medical applications of cannabis.
Marijuana Legal States – Nuances and Differences
Alaska
- Adults (21+) can legally to possess up to one ounce of cannabis
- 12 plants per household
California
- Adults (21+) can legally to possess up to one ounce of cannabis
- Six plants per household
Colorado
- Adults (21+) can legally to possess up to one ounce of cannabis
- Six plants per household
Maine
- Adults (21+) can legally to carry up to 2.5 ounces of cannabis
- Six plants per household
Massachusetts
- Adults (21+) can legally possess up to one ounce of cannabis outside the home and 10 ounces inside the home
- Six plants per household
Michigan
- Adults (21+) can legally possess 2.5 ounces of cannabis outside the home and up to 10 ounces inside the home
- 12 plants per household
Nevada
- Adults (21+) can legally possess up to one ounce of cannabis flower or an ⅛ ounce of cannabis concentrate
- Six plants per household
Oregon
- Adults (21+) can possess up to one ounce of cannabis
- Four plants per household
Vermont
- Adults (21+) can possess up to one ounce of cannabis, but there are no recreational dispensaries that sell the plant
- Two mature plants per household or four immature plants
Washington
- Adults (21+) can purchase and possess one ounce of cannabis
- No household plants allowed unless you are a medical marijuana patient
Washington D.C.
- Adults (21+) can carry up to two ounces of cannabis, but there are no recreational sales
- Six plants (limited to three mature plants at a time) per household
Medical Marijuana Legal States – Nuances and Differences
Alabama
- Non-psychoactive CBD oil only
Alaska
- Medical marijuana program available, must have a qualifying condition recognized by the state
Arizona
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Medical cannabis patients and caregivers can possess up to 2.5 ounces
Arkansas
- Medical marijuana program available, must have a qualifying condition recognized by the state (of which there are many)
- Medical cannabis patients and caregivers can purchase and possess up to 2.5 ounces bought from Nonprofit Cannabis Care Centers
- Based on financial need, patients can qualify for a “Hardship Cultivation Certificate” granting them the ability to grow up to 10 plants at home
California
- Medical marijuana program available, no qualifying conditions but up to physician’s discretion
- Medical marijuana patients can join cooperatives and collectives
- Cannabis patients can possess up to eight ounces of cannabis (or more with a doctor’s recommendation)
- Can grow up six mature plants or 12 immature plants at home
- Medical marijuana patients have different tax liabilities than recreational buyers
Colorado
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to two ounces of usable cannabis, purchased from a licensed medical or recreational dispensary
- Medical marijuana patients have different tax liabilities and potency limits than recreational buyers
Connecticut
- Medical marijuana program available, must have a qualifying “debilitating” condition recognized by the state
- Cannabis patients can possess up to a “one month supply” purchased at one of ten state-licensed dispensaries
- No home cultivation allowed
Delaware
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to six ounces of cannabis
- Patients must register with a licensed, non-profit compassion center and cannot purchase more than three ounces of cannabis per patient in any 14-day period
District of Columbia
- Medical marijuana program available, must have a qualifying condition recognized by the district
- Cannabis patients can possess up to two ounces of usable medical cannabis
Florida
- Medical marijuana program available, must have a qualifying and debilitating condition
- Cannabis patients can possess a 70-day supply (no amount specified)
- No home grown cultivation allowed
- Only allows for cannabis oils, tinctures, sprays, and edibles
- Ban on smoking medical cannabis
Hawaii
- Medical marijuana program available, must have a qualifying and debilitating condition
- Cannabis patients can possess up to four ounces of medical cannabis
- Medical dispensaries available
- Up to seven cannabis plants per household (only three mature plants)
Illinois
- Medical marijuana program available, must have a qualifying and debilitating condition
- Cannabis patients can possess up to 2.5 ounces of cannabis
- No home grown cultivation allowed
- Cannabis patients must select a designated dispensary
Louisiana
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess a 30-day supply of non-smokable cannabis (like tincture and edibles)
- No home grown cultivation is allowed
Maine
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 2.5 ounces of cannabis
- Can grow up to six cannabis plants (limited to three mature plants at a time) at home
- Eight non-profit medical dispensaries are licensed throughout the state
Maryland
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 120 grams of cannabis (unless a physician specifically recommends more)
- 102 medical cannabis dispensaries currently operational
Massachusetts
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 10 ounces of cannabis every two months
- Limited homegrown cultivation (no exact amount clarified so far)
- Medical cannabis dispensaries will be licensed by the state
Michigan
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 2.5 ounces of usable cannabis
- Cannabis patients can grow up to 12 cannabis plants at home
- Licensed medical cannabis dispensaries available
Minnesota
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess a 30-day supply determined by a physician
- Dispensaries can only sell non-smokable options
- No homegrown cultivation allowed
Missouri
- Medical marijuana program available, no qualifying conditions are listed so it is up to physician’s discretion
- Cannabis patients can possess up to four ounces per month
- Can grow up to six plants at home
- State will license medical cannabis dispensaries
Montana
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to one ounce of cannabis
- Can grow up to six plants at home
- State will license medical cannabis providers
Nevada
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to one ounce of cannabis
- Can grow up to seven plants per household (only three mature at a time)
- State will license medical cannabis dispensaries
New Hampshire
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to two ounces of cannabis
- No homegrown cultivation allowed
- Only four state-licensed production facilities will grow cannabis for the state
New Jersey
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to two ounces of cannabis per month
- No homegrown cultivation allowed
- State will license up to six “alternative treatment centers” for purchase of medical cannabis
New Mexico
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to six ounces (or more with a specific letter from a doctor)
- Can cultivate 12 seedlings and four mature cannabis plants (16 total) at home
- State-licensed medical cannabis dispensaries are available
New York
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to a 30-day supply (no amount specified)
- The state will license up to five producers and 20 medical cannabis dispensaries
North Dakota
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to three ounces of cannabis
- Can grow up to eight plants at home if the patient lives 40 miles or more away from the nearest “Compassionate Care Center”
Ohio
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to a 90-day supply
- No homegrown cultivation allowed
- Ohio will license medical cannabis dispensaries throughout the state
Oregon
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 24 ounces of cannabis
- Can grow up to 18 seedlings and six mature cannabis plants at home (24 total)
- State-licensed medical cannabis dispensaries available
Rhode Island
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 2.5 ounces of cannabis
- Can cultivate up to 12 cannabis plants
- The state licenses “Compassion Centers” that grow and sell medical cannabis
Utah
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to two ounces of cannabis
- Can cultivate up to six plants at home if a patient doesn’t live within 100 miles of a medical dispensary
- Five medical dispensaries are currently allowed, but more could be licensed as needed
Vermont
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to two ounces of cannabis
- Can cultivate up to two mature plants or seven immature plants (nine total) at home
- No more than five dispensaries will be licensed unless there is a need for more
Washington
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to 24 ounces of cannabis
- Can grow up to 15 cannabis plants
- State-licensed dispensaries available
West Virginia
- Medical marijuana program available, must have a qualifying condition recognized by the state
- Cannabis patients can possess up to a 30-day supply at any given time
- No homegrown cultivation allowed
- The state will license up to 30 medical cannabis dispensaries
With so much growth and momentum in the cannabis industry, it seems it’s only a matter of time before federal legalization is a reality. If your dream is to become a cannabis business owner, get in touch with Gleam Law. Our team of cannabis attorneys have clients in all 50 states and can work with you to understand opportunities in your state.