There are 20 states in the United States that provide for the use of cannabis strictly for medical purposes. Each of these states has their own complex regulatory frameworks outlining how you can become a registered patient in the state, how much cannabis can be possessed or consumed and where a patient can purchase that product. For the vast majority of these purely medical-use states, of which Maryland is one, licenses have been issued to people to grow, process and sell the medical cannabis. Each state has its own list of conditions that trigger the ability to obtain cannabis and they also differ in the way the product can be sold and consumed. Some states, (NY, NJ and OH, among others) do not allow for the consumption or sale of flower (meaning you can’t smoke it). Other states, (ME, DC) allow you to grow a limited number of plants and produce your own medicine. Some states, like Maryland, have strict testing standards while others have virtually no regulatory oversight at all (AZ).

* Dark Green indicates adult use (note that Vermont was recently added but not shown on the map); Light Green is Medical Use; Grey is Limited Use; and black are the states with no cannabis laws of any sort. For an interactive version of this map with helpful information, visit NCIA here.

The distinguishing factor between Medical-Use states and Limited Medical Use states is often whether or not THC is allowed. In Medical Use states, all cannabinoids are allowed regardless of amount. In Limited Medical Use States, CBD (cannabidiol) a non-psychoreactive cannibinoid of the cannabis plant is allowed at high levels, but THC (tetrahydrocannabinol) is either disallowed completely or only at very low levels. Fifteen states have limited medical use programs. These states also have very few conditions for which cannabis can be used, often only allowing its usage in severe cases of epilepsy.

Because we live, and are licensed to practice law in the State of Maryland, we will end our four part series by looking at what is allowed under Maryland Law. Keep your eyes out for the last post in this series.

by Leah M. Heise, Esq.

*Note: This Map does not include Vermont which in early 2018 was the first state to legalize adult use via legislation and not a public ballot initiative.

Welcome back to our analysis of whether or not Cannabis is legal. In this post, we will discuss Adult-Use: what it means, who can get it and can you take it home with you if you aren’t a resident of an adult use state. Adult Use is the official term for cannabis that is subject to use for recreational purposes and does not require a person to have a medical recommendation from a physician. In all adult-use states, you must be at least 21 years of age to obtain, use and possess cannabis for recreational purposes. Adult use is currently allowed in nine states and the District of Columbia. Colorado was the first state to approve this type of use and since the passage of Colorado’s law, the industry has created thousands of jobs, caused a sharp rise in property values and generated millions of dollars in tax revenue for the state. Colorado has long been a thought leader in terms of cannabis legalization, first decriminalizing its possession in 1975, permitting medical cannabis usage in 2000, and, finally being the first state to allow for recreational sales in 2012. If you are not a resident of the state of Colorado or another state in which adult use is legal, you may purchase and use cannabis within state borders. Moving any cannabis product across state lines will trigger Federal law and is therefore illegal.

Although recreational cannabis is permissible currently in the District of Columbia, Vermont, and Massachusetts, you can not purchase any product. Both Vermont and Massachusetts are drafting regulations to provide for the sales of recreational cannabis and that regulation drafting takes time. In the District of Columbia, Federal intervention has prevented the DC Department of Health from expending any monies to create a regulatory scheme that would oversee the sale of recreational cannabis. Instead, there exists a vast grey market where people grow their own cannabis and “gift” it to associates, often along with some “charitable donation” or the purchase of a T-Shirt, Juice, or other items. So again, always ask: “What state am I in?”; “Am I over the age of 21?”; and, “Will I be consuming all of the product within the confines of the State”.

Stay tuned for my next analysis, Medical Use and Limited-Medical Use to further a wrench into the question of the legality of cannabis.

by Leah M Heise, Esq.