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12 States With Pending Legislation Or Ballot Measures To Legalize Medical Marijuana

 

(as of June 2, 2010)

 

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1. Alabama 2. Arizona 3. Delaware 4. Illinois 5.Massachusetts 6. Missouri
7. New York 8. North Carolina 9. Ohio 10. Pennsylvania 11. South Dakota 12.Wisconsin

 

Law Summary Status (last action date)
1. Alabama
House Bill:
HB 207 (60 KB)
"This bill would authorize the medical use of marijuana only for certain qualifying patients who have been diagnosed by a physician as having a debilitating medical condition." Introduced by Rep. Todd and referred to the House of Representatives committee on Judiciary on Jan. 12, 2010; passed committee and sent to the full House (Apr. 7, 2010)
2. Arizona
Ballot Initiative:
Arizona Medical Marijuana Act (135 KB)
The Act would allow qualifying patients to use medical marijuana. It would also establish a registry identification program and set rules for nonprofit medical marijuana dispensaries. The Secretary of State of Arizona certified the Arizona Medical Marijuana Act to appear on the ballot for the general election in Nov. 2010 (June 1, 2010)
3. Delaware
Senate Bill:
SB 94 (110 KB)
"The Bill creates an exception to a state’s criminal laws to permit the doctor-advised medical use of marijuana by patients with serious medical conditions…

Patients would be allowed to possess up to 6 ounces and to cultivate up to 12 plants for their medical use…

The Bill would also provide a medical necessity affirmative defense that patients who needed more marijuana than was provided for by rule or who did not possess their ID cards can raise in court."

Referred to Senate Health & Social Services Committee on May 13, 2009; Reported out of committee on June 3, 2009; Introduced to the Senate with amendments (June 23, 2009)
4. Illinois
House Bill:
HB 2514 (100 KB)
"Compassionate Use of Medical Cannabis Pilot Program Act: Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person’s primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person’s primary caregiver to legally possess no more than 7 dried cannabis plants and 2 ounces of dried usable cannabis." Passed the Human Services Committee on Mar. 3, 2009; Re-referred to the Rules Committee (Apr. 3, 2009)

SB 1381 arrived in the House after being passed by the Senate on May 27, 2009; Referred to Rules Committee then Human Services Committee on May 28, 2009; Re-referred to Rules Committee (Dec. 1, 2009)

Senate Bill:
SB 1381 (398 KB)
"Compassionate Use of Medical Cannabis Pilot Program Act: Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person’s primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person’s primary caregiver to legally possess no more than 7 dried cannabis plants and 2 ounces of dried usable cannabis." Passed the Public Health Committee on Mar. 26, 2009; Amendments added and referred Assignments Committee, then to Public Health Committee. Passed third reading by a vote of 30-28 (May 27, 2009)
Iowa
Senate Bill:
SF 293 (215 KB)
"An Act creating the medical marijuana Act including the creation of compassion centers, and providing for civil and criminal penalties and fees." Referred to Human Resources Subcommittee on Mar. 4, 2009; failed to pass committee before deadline. Considered dead (Mar. 5, 2010)
Kansas
House Bill:
HB 2610 (90 KB)
"An Act enacting the medical marijuana act; providing for the legal use of marijuana for certain debilitating medical conditions; providing for the registration and functions of compassion centers; authorizing the issuance of identification cards; providing for administration of the act by the department of health and environment." Introduced by Rep. Finney on Feb. 2, 2010; Referred to Health and Human Services committee on Feb. 3, 2010; Died in committee when legislature adjourned (Apr. 10, 2010)
Maryland
House Bill:
HB 712 (200 KB)
"Requiring the Department of Health and Mental Hygiene to issue a specified request for proposals to select authorized growers of marijuana for medical use; providing for specified requirements of authorized growers; requiring the Department to establish a specified registration program to authorize specified entities to distribute marijuana for medical purposes; authorizing the Department to charge a reasonable fee for the issuance of a specified permit; etc." Introduced by Del. Morhaim and 47 co-sponsors on Feb. 4, 2010; First reading in Health & Government Operations Committee and Judiciary Committee on Feb. 4, 2010; Hearings held in the Judiciary and Health and Government Operations Committees on Feb. 26, 2010; Bill died in committee (Apr. 12, 2010)
Senate Bill:
SB 627 (200 KB)
"Requiring the Department of Health and Mental Hygiene to issue a specified request for proposals to select authorized growers of marijuana for medical use; providing for specified requirements of authorized growers; requiring the Department to establish a specified registration program to authorize specified entities to distribute marijuana for medical purposes; authorizing the Department to charge a reasonable fee for the issuance of a specified permit; etc." Introduced by Sen. Brinkley and nine co-sponsors on Feb. 5, 2010; First reading in Judicial Proceedings Committee on Feb. 5, 2010; Hearing held Mar. 18, 2010; Passed committee by a vote of 7-4 on Apr. 5, 2010; Passed the Senate by a vote of 35-12 (Apr. 10, 2010)
5. Massachusetts
House Bill:
HB 2160 (120 KB)
"The Massachusetts Medical Marijuana Act" is "an Act to regulate the medical use of marijuana by patients approved by physicians and certified by the department of public health… It is the purpose of this act is to protect patients with debilitating medical conditions, as well as their practitioners and designated caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana." Referred to Joint Committee on Public Health on Jan. 20, 2009; Public hearing held on May 16, 2009; Bill referred to study (Mar. 16, 2009)
Mississippi
Senate Bill:
SB 2606 (140 KB)
"An act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision… to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide a legal defense for patients and primary caregivers…" Referred to Drug Policy Committee on Jan. 14, 2010; Died in committee (Feb. 2, 2010)
6. Missouri
House Bill:
HB 1670 (80 KB)
"Changes the laws regarding the classification of marijuana as a controlled substance and allows the use of marijuana for medicinal purposes under certain conditions." Introduced and read the first time on Jan. 14, 2010; Read the second time in the House, no hearing scheduled and not currently on calendar (Jan. 19, 2010)
7. New York
Assembly Bill:
AO 9016 (60 KB)
"Legalizes the possession, manufacture, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use." Sets possession limits of 2.5 ounces; establishes registry identification card program." Referred to the Committee on Health on June 19, 2009; Referred to the Committee on Codes on June 22, 2009; Referred to the Committee on Health on Jan. 6, 2010; Referred to the Committee on Codes (Jan. 12, 2010)
Senate Bill:
SO 4041B (60 KB)
"Legalizes the possession, manufacture, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use." sets possession limits of 2.5 ounces and 12 plants; establishes registry identification card program." Referred to the Committee on Health on Apr. 8, 2009; Amended and re-referred to the Committee on Health on Apr. 17, 2009; Passed the Committee on Health and referred to the Senate Codes Committee on May 26, 2009; Amended and re-referred to the Senate Codes Committee on Aug. 24, 2009; Re-referred to the Committee on Health on Jan. 6, 2010; Passed the Committee on Health and referred to the Senate Codes Committee again (Feb. 23, 2010)
8. North Carolina
House Bill:
H 1380 (75 KB)
"North Carolina Medical Marijuana Act;" "A qualified patient [and caregiver] shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege… for the possession of or the medical use of marijuana if the quantity of marijuana does not exceed an adequate supply." Passed first reading in the House and referred to the Committee on Health on Apr. 13, 2009; Committee heard testimony from patients and medical professionals (June 18, 2009)
9. Ohio
House Bill:
HB 478 (230 KB)
A bill that establishes a registration program and allows qualified patients to grow and posses a limited amount of marijuana. Introduced by Rep. Yuko and introduced to the House Health Committee (Apr. 7, 2010)
10. Pennsylvania
House Bill:
HB 1393 (80 KB)
An Act providing for the medical use of marijuana; and repealing provisions of law that prohibit and penalize marijuana use. Referred to the Health and Human Services Committee on Apr. 30, 2008; Committee hearing held with testimonies for and against the legislation (Dec. 3, 2009)
Senate Bill:
SB1350 (80 KB)
An Act providing for the medical use of marijuana; and repealing provisions of law that prohibit and penalize marijuana use. Introduced by Senator Leach and referred to the Public Health and Welfare Committee (May 4, 2010)
11. South Dakota
Ballot Measure:
Initiated Measure 13 (475 KB)
An Act to provide safe access to medical marijuana for certain qualified persons. The Secretary of State of South Dakota certified the South Dakota Safe Access Act to appear on the ballot for the general election in Nov. 2010 (Mar. 15, 2010)
Tennessee
House Bill:
HB 2562 (85 KB)
The "Safe Access to Medical Cannabis Act" creates the Safe Access Program, which allows qualified patients with a prescription for medical marijuana to use medical cannabis.

[Editor’s Note: Federal law prohibits physicians from writing prescriptions for illegal drugs, including marijuana. If passed, the bill would have no practical effect (similar to Arizona), and Tennessee therefore is not counted as a state with pending legislation to legalize medical marijuana.]

Introduced by Rep. Richardson on Jan. 13, 2010; Referred to Government Operations Committee on Jan. 27, 2010; Passed and referred to Health and Human Resources Committee on Mar. 17, 2010; Placed on committee calendar and action deferred five times; Placed on committee calendar (Apr. 21, 2010)
Senate Bill:
SB 2511 (75 KB)
The "Safe Access to Medical Cannabis Act" creates the Safe Access Program, which allows qualified patients with a prescription for medical marijuana to use medical cannabis. Introduced by Sen. Marrero on Jan. 13, 2010; Referred to Government Operations Committee (Jan. 27, 2010)
12. Wisconsin
Assembly Bill:
AB 554 (115 KB)
"This bill establishes a medical necessity defense to marijuana?related prosecutions and forfeiture actions. A person having or undergoing a debilitating medical condition or treatment (qualifying patient) may invoke this defense… The defense provided under the bill and the prohibition on arrest and prosecution contained in the bill apply also to a primary caregiver…" Sets possession limits and establishes registry and nonprofit distribution centers. Introduced and referred to Public Health Committee on Nov. 5, 2009; Fiscal estimate received on Nov. 16, 2009; Public hearing held on Dec. 15, 2010; Fiscal estimate received (Dec. 23, 2009)
Senate Bill:
SB 368 (115 KB)
"This bill establishes a medical necessity defense to marijuana? related prosecutions and forfeiture actions. A person having or undergoing a debilitating medical condition or treatment (qualifying patient) may invoke this defense… The defense provided under the bill and the prohibition on arrest and prosecution contained in the bill apply also to a primary caregiver…" Sets possession limits and establishes registry and nonprofit distribution centers. Introduced and referred to Health, Health Insurance, Privacy, Property Tax Relief, and Revenue Committee on Oct. 27, 2009; Fiscal estimate received on Nov. 4, 2009; Public hearing held on Dec. 15, 2010; Fiscal estimate received and amendment proposed (Dec. 17, 2009)
Virginia
House Bill:
HB 1136 (50 KB)
"Provides that no person shall be prosecuted for the possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice. The bill also provides that no medical doctor or pharmacist shall be prosecuted for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice. Currently medical marijuana can only be prescribed for cancer and glaucoma."

[Editor’s Note: Federal law prohibits physicians from writing prescriptions for illegal drugs, including marijuana. If passed, the bill would have no practical effect (similar to Arizona), and Virginia therefore is not counted as a state with pending legislation to legalize medical marijuana.]

Referred to Committee for Courts of Justice on Jan. 13, 2010; Assigned to Courts of Justice Criminal Sub-Committee on Jan. 19, 2010; Subcommittee votes to table the bill, making it inactive (Jan. 27, 2010)

Although there are petition drives underway in states such as Florida, ballot initiatives will only be added once a measure has been officially added to a state ballot. For more information about the states that have already legalized medical marijuana, visit our page on the 14 Legal Medical Marijuana States.

Last updated on 6/2/2010 11:29:46 AM PST

And our many thanks go out to www.medicalmarijuana.procon.org for putting together this great chart!