Law Library | Attorney Advertising | Financial Services | Affiliate Program | Blawg
Find the Right Lawyer Now:
Medical Marijuana
Several states allow doctors to recommend the use of marijuana for the treatment of various medical conditions. These states are Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington. These states have removed all criminal penalties for the possession and use of marijuana for medical purposes. They also allow cultivation of marijuana by the patient or their primary caregiver, but limit the amount that can be grown.
Maryland has not legalized medical marijuana, but medical use is a defense to a charge of marijuana possession in that state.
The states that allow the use of medical marijuana vary in the amounts that a patient may have at any given time. They range from 1 ounce up to 24 ounces. A detailed breakdown of the medical marijuana laws of individual states can be found here: http://www.medicalmarijuanaprocon.org/pop/StatePrograms.htm
The conditions for which medical marijuana may be used generally include glaucoma, nausea related to chemotherapy for cancer or AIDS, chronic pain, and any condition characterized by seizures or muscle spasms.
Anyone seeking to use medical marijuana under state law should note that the cultivation and trafficking of marijuana is still illegal under federal law. Medical use is not a defense.
The fact that a patient was acting in accordance with state law will not be a defense to federal drug charges. However, the federal government rarely concerns itself with the possession and transport of small amounts of marijuana for personal use (though there have been exceptions), so a patient acting in accordance with the laws of their state may not face any criminal charges.
Consult a Lawyer - Present Your Case Now!
Find the Right Lawyer Now:
Did you find this article informative?
