CBDHow Do State Laws Vary in Their Treatment of...

How Do State Laws Vary in Their Treatment of Medical Cannabis?

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The states have been gradually getting on board with medical cannabis in the years since California got the ball rolling back in the 1990s. More than three-dozen states now have active medical cannabis programs. It seems likely that the remaining holdouts will eventually get on board as well. Nonetheless, state laws vary in their treatment of medical cannabis.

Because cannabis is still illegal under federal law, each of the states with medical cannabis programs regulate them independently. That’s likely to continue even if Washington legalizes cannabis. Legalization would probably lead to a regulatory environment similar to what we now have for alcohol. The states maintain regulatory authority except where interstate commerce is concerned.

Qualifying Conditions

Each of the participating states has its own list of qualifying conditions. A qualifying condition is a condition for which the state allows medical cannabis treatment. Such lists are necessary because cannabis is not a miracle drug capable of curing anything and everything. In fact, as far as we know, cannabis has no curative effects at all.

It is normally used to mitigate symptoms. Some of the more common conditions for which it is recommended are:

  • Chronic pain
  • Persistent nausea
  • Multiple sclerosis
  • Cancer
  • Epilepsy
  • Posttraumatic stress disorder (PTSD)

The qualifying conditions are pretty similar across the states. But there are some unique additions to some lists.

Delivery Methods

States vary in terms of the delivery methods they allow. Most of the states do not allow smoking medical cannabis for obvious reasons: the potential dangers of smoking outweigh the benefits of consuming cannabis in that way. In the absence of smoking, common delivery methods include:

  • Vaping and dry heating
  • Transdermal applications
  • Capsules, tablets, and edibles
  • Concentrated oils and tinctures

Dry heating cannabis involves putting unprocessed plant material into a special device that heats it to a temperature high enough to release THC without facilitating combustion. You get the benefits of the plant without the smoke.

Production and Distribution

State laws also vary considerably in how they address production and distribution. For example, all the states with medical cannabis programs license growers, processors, and retailers. Yet there are stark differences in how those licenses are issued.

According to the operators of Salt Lake City’s Beehive Farmacy, Utah regulations permit just 15 retail pharmacies in the entire state. Beehive owns two of those licenses, covering locations in Salt Lake City and Brigham City. By contrast, there are no such limits in Oklahoma. So there are hundreds, if not thousands, of medical cannabis dispensaries throughout the Sooner State.

The states also have different rules regarding what growers can and cannot do. They have different rules for processing cannabis plant material, labeling cannabis-derived products, and even marketing.

Possession Limits

From the patient’s perspective, one of the most profound differences among the states relates to possession limits. State-legal medical cannabis is not a license for patients to do whatever they want. Some states, like Utah, limit possession to a 30-day supply. Yet there are states with lower and higher limits.

Possession is also distinct and separate from home grow. Once again, there are states that allow home grow and others that do not.

Trying to make sense of the different state rules can be confusing. Nonetheless, that is the current state of the medical cannabis landscape. Things may get a little less confusing if Washington ultimately legalizes cannabis. But I would be willing to bet that federal legalization would still maintain a state-level regulatory system. That means the states will continue to approach medical cannabis differently, at least in some respects.

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