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Home » 2016 » December » 1 » 23 Legal Medical Marijuana States and DC - Medical Marijuana - ProCon.org
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23 Legal Medical Marijuana States and DC - Medical Marijuana - ProCon.org





Cannabidiol is one of the 400+ ingredients found in marijuana and is not psychoactive.

1. On Mar. 21, , Utah Governor Gary Herbert signed HB 105 (80 KB). known as "Charlee's Law," which allows the use and possession of marijuana extract, under certain conditions, by people with intractable epilepsy who have a statement signed by a neurologist. The extract must be composed of less than 0.3% tetrahydrocannabinol (THC) and at least 15% cannabidiol (CBD) by weight, and may not contain any other psychoactive substance. The law goes into effect on July 1, . The extract must be obtained in a sealed container from a laboratory that is licensed in the state where it was produced, with a label stating the extract's ingredients and origin, and transmitted by the laboratory to the Utah Department of Health. The Utah Department of Health is required to determine the details of the registration program.

Kristen Stewart of the Salt Lake Tribune wrote in her article "Utah Families Celebrate Passage of Cannabis 'Charlee's Law,'" dated Mar. 25, :

"HB105 gives Utahns with epilepsy trial access to a non-intoxicating, seizure-stopping cannabis oil. But it doesn't take effect until July 1, , and until then, Utahns can't legally possess cannabis oil.

And obtaining it after that date will still risk violating federal law — and require jumping through a set of still-vaguely defined hoops.

Currently, patients will need to travel to states where medical marijuana is legal and import cannabis oil themselves. Doing so remains technically a violation of federal law."

2. On Apr. 1, , Alabama Governor Robert Bentley signed SB 174 (33 KB), known as "Carly's Law," which allows an affirmative defense against prosecution for CBD possession by people suffering from a debilitating epileptic condition. The law states that "a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [University of Alabama at Birmingham] Department for a debilitating epileptic condition." Since marijuana is illegal under federal laws, doctors are not allowed to write "prescriptions" for it. The states that have legal medical marijuana allow doctors to "recommend" it.

3. On Apr. 10, , Kentucky Governor Steve Beshear signed SB 124 (70 KB). The law excludes from the definition of marijuana the "substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine."

4. On Apr. 16, , Wisconsin Governor Scott Walker signed AB 726 (120 KB). which states that "any physician may provide an individual with a hard copy of a letter or other official documentation stating that the individual possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form without a psychoactive effect." A release from the Governor's office characterizes the law as "clearing the way for a new treatment for children suffering from seizure disorders, pending FDA approval."

5. On Apr. 17, , Mississippi Governor Phil Bryant signed HB 1231 (180 KB). known as "Harper Grace's Law," which allows for cannabis extract, oil, or resin that contains more than 15% CBD and less than 0.5% THC. "The CBD oil must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center." The law also provides an affirmative defense for defendants suffering from a debilitating epileptic condition who accessed the CBD oil in accordance with the requirements set forth in the bill and is effective July 1, .

Governor Bryant released the following statement to the media on Apr. 17, :

"The bill I signed into law today will help children who suffer from severe seizure disorders. Throughout the legislative process I insisted on the tightest controls and regulations for this measure, and I have been assured by the Mississippi Bureau of Narcotics that CBD oil is not an intoxicant. The outcome is a bill that allows this substance to be used therapeutically as is the case for other controlled prescription medications. I remain opposed to any effort that would attempt to legalize marijuana or its derivatives outside of the confines of this bill." 6. On May 16, , Tennessee Governor Bill Haslam signed SB 2531 (30 KB) into law. The bill allows the use of cannabis oil containing cannabidiol (CBD) that has less than 0.9% THC "as part of a clinical research study on the treatment of intractable seizures when supervised by a physician practicing at. a university having a college or school of medicine." The study is authorized for four years.

On May 5, 2015, Governor Haslam signed SB 280 (100 KB) into law. The bill allows the use of CBD oil that is less than 0.9% THC and that is "obtained legally in the United States and outside of" Tennessee. The bill went into effect immediately.

7. On May 30, , Iowa Governor Terry Branstad signed SF 2360 (75 KB) into law, saying "This bill received tremendous support and truly shows the power of people talking to their legislators and to their governor about important issues to them, to their families and to their children." The bill allows the possession or use of cannabidiol that has less than 3% tetrahydrocannabinol [THC] for the treatment of intractable epilepsy with the written recommendation of a neurologist. The bill states that the cannabidiol must be obtained from an out-of-state source and "recommended for oral or transdermal administration" (non-smoked).

8. On June 2, , South Carolina Governor Nikki Haley signed S 1035 (70 KB) into law. "Julian's Law" pertains to people who obtain a written certification signed by a physician "stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol." Those patients may use CBD oil that is less than 0.9% THC and more than 15% cannabidiol, which is to be provided by the Medical University of South Carolina in a study to determine the effects of CBD on controlling seizures.

9. On June 16, , Florida Governor Rick Scott signed SB 1030 (155 KB) into law, which allows the use of non-smoked cannabis oil that is less than 0.8% THC and more than 10% cannabidiol by certain patients with cancer, chronic seizures, or severe muscle spasms. Gov. Scott stated the following in a news release from his office:

"As a father and grandfather, you never want to see kids suffer. The approval of Charlotte's Web [a low-THC cannabis oil used to treat illnesses such as epilepsy in children] will ensure that children in Florida who suffer from seizures and other debilitating illnesses will have the medication needed to improve their quality of life. I am proud to stand today with families who deserve the ability to provide their children with the best treatment available."

10. On July 3, , North Carolina Governor Pat McCrory signed HB 1220 (15 KB) into law. The bill allows universities to conduct clinical trials using CBD oil that is less than 0.3% THC and at least 10% CBD to be used only for the treatment of intractable epilepsy.

11. On July 14, , Missouri Governor Jay Nixon signed HB 2238 (15 KB) into law, which allows the use of cannabis oil that is at least 5% CBD and less than 0.3% THC for intractable epilepsy. The bill requires a neurologist to determine that the patient did not respond to at least three treatment options to be eligible to use the marijuana extract.

12. On Feb. 26, 2015, Virginia Governor Terry McAuliffe signed HB 1445 (25 KB) into law. The bill stated: "In any prosecution. involving marijuana in the form of cannabidiol oil. it shall be an affirmative defense that the individual possessed such oil pursuant to a valid written certification. for treatment or to alleviate the symptoms of. intractable epilepsy." The oil must contain at least 15% CBD and no more than 5% THC.

A Feb. 26, 2015 quote from Gov. McAuliffe posted on his Facebook page stated: "The whole reason I got into politics was to bring about a positive impact in the lives of families across the Commonwealth. This piece of legislation is a tremendous step forward."

13. On Apr. 16, 2015 Georgia Governor Nathan Deal signed HB 1 (25 KB) (Haleigh's Hope Act) into law, allowing the use of cannabis oil that is contains no more than 5% THC for the following conditions: seizure disorders, sickle cell anemia, cancer, Crohn's disease, ALS (Lou Gehrig's disease), multiple sclerosis, mitocondrial disease and Parkinson's disease.

Deal stated at the signing:

"For the families enduring separation and patients suffering pain, the wait is finally over. Now, Georgia children and their families may return home while continuing to receive much-needed care. Patients such as Haleigh Cox, for whom this bill is named, and others suffering from debilitating conditions can now receive the treatment they need, in the place where they belong: Georgia."

Prior to Maryland becoming the 21st state to legalize medical marijuana, it had passed laws that, although favorable to medical marijuana, did not legalize its use. Senate Bill 502 (72 KB), t he "Darrell Putman Bill" (Resolution #0756-2003) was approved in the state senate by a vote of 29-17, signed into law by Gov. Robert L. Ehrlich, Jr. on May 22, 2003, and took effect on Oct. 1, 2003. The law allows defendants being prosecuted for the use or possession of marijuana to introduce evidence of medical necessity and physician approval, to be considered by the court as a mitigating factor. If the court finds that the case involves medical necessity, the maximum penalty is a fine not exceeding $100. The law does not protect users of medical marijuana from arrest nor does it establish a registry program.

On May 10, , Maryland Governor Martin O'Malley signed SB 308 (500 KB), into law. SB 308 removed criminal penalties for medical marijuana patients who meet the specified conditions, but patients are still subject to arrest. The bill provides an affirmative defense for defendants who have been diagnosed with a debilitating medical condition that is "severe and resistant to conventional medicine." The affirmative defense does not apply to defendants who used medical marijuana in public or who were in possession of more than one ounce of marijuana. The bill also created a Work Group to "develop a model program to facilitate patient access to marijuana for medical purposes."

Maryland passed two medical marijuana-related laws in . HB 180 (150 KB). signed into law by Governor O'Malley on Apr. 9, , provides an affirmative defense to a prosecution for caregivers of medical marijuana patients. HB 1101 (200 KB). signed into law by Governor O'Malley on May 2, , allows for the investigational use of marijuana for medical purposes by "academic medical centers." The University of Maryland Medical System and Johns Hopkins University indicated they would not participate (230 KB) .



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