18 states considered 28 pieces of legislation or ballot measures to legalize medical marijuana in 2011. One state (Delaware) legalized medical marijuana. 10 states carried over legislation into 2012. 7 states failed to pass pro-medical marijuana measures. Maryland passed a bill that was favorable to medical marijuana but did not legalize its use.
For more information about the states that have already legalized medical marijuana, visit our page on the legal medical marijuana states.
"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 condition." Allows for the creation of registered
compassion centers.
Introduced by Rep. Patricia Todd (D) and referred to the House Committee
on Health on Mar. 31, 2011; Died in committee when the legislature
adjourned (June 9, 2011)
"An act authorizing the medical use of marijuana" as directed by a physician.
Introduced by House Republican Caucus Leader Penny Bacchiochi and
referred to Joint Committee on Judiciary on Jan. 10, 2011; Died when
legislature adjourned (June 8, 2011)
Allows "state residents with certain debilitating medical conditions to
possess and use marijuana for medical purposes in accordance with a
physician's prescription, and licenses [the creation of] alternative
treatment centers where patients can obtain prescribed marijuana."
Introduced by Rep. Marie Lopez Kirkley-Bey (D) and referred to Joint
Committee on Judiciary on Jan. 24, 2011; Died when legislature adjourned
(June 8, 2011)
"A qualifying patient shall not be subject to arrest or prosecution...
for the compassionate use of marijuana if: (1) The qualifying patient
has been diagnosed by a physician as having a debilitating medical
condition; (2)The qualifying patient's physician has issued a written
certification..."
Introduced by the Judiciary Committee and referred to the Joint
Committee on Judiciary on Mar. 9, 2011. Public hearing held on Mar. 14,
2011; Died when legislature adjourned (June 8, 2011)
Bill would "permit the palliative use of marijuana for individuals with debilitating medical conditions."
Introduced by Senate Majority Leader Martin Looney (D) and referred to
Joint Committee on Judiciary on Jan. 20, 2011; Died when legislature
adjourned (June 8, 2011)
"A qualifying patient shall not be subject to arrest or prosecution...
for the palliative use of marijuana if: (1) The qualifying patient has
been diagnosed by a physician as having a debilitating medical
condition; (2) The qualifying patient's physician has issued a written
certification...; (3) The combined amount of marijuana possessed by the
qualifying patient and the primary caregiver for palliative use does not
exceed four marijuana plants, each having a maximum height of four
feet, and one ounce of usable marijuana..."
Drafted by the office of Gov. Dannel P. Malloy, introduced by Sen.
Donald Williams (D), Sen. Martin Looney (D), Rep. Christopher Donovan
(D), and Rep. Brendan Sharkey (D), and referred to the Joint Committee
on Judiciary on Feb. 17, 2011; Public hearing held on Mar. 14, 2011;
Referred to Office of Legislative Research and Office of Fiscal Analysis
on Apr. 14, 2011; Referred by Senate to Committee on Public Health and
received a favorable report on May 4, 2011; Died when legislature
adjourned (June 8, 2011)
"The purpose of this act is to protect patients with debilitating
medical conditions, as well as their physicians and providers, from
arrest and prosecution, criminal and other penalties, and property
forfeiture if such patients engage in the medical use of marijuana."
Allows people 18 and older with certain debilitating conditions to
possess up to six ounces of marijuana with a doctor's written
recommendation.
Amendments prohibit smoking in privately owned vehicles and require marijuana to be dispensed in sealed, tamperproof containers.
lntroduced by Senate Majority Whip Margaret Rose Henry (D) and assigned
to Health & Social Services Committee on Jan. 25, 2011; hearing held
and reported out of Committee on Mar. 23, 2011; Passed by Senate with a vote of 18-3 (Mar. 31, 2011)
Introduced and Assigned to Health & Human Development
Committee in the House on Apr. 5, 2011; Amendments added and bill passed by House with a vote of 27-14 (May 5, 2011)
Returned to the Senate for a vote on the House amendments and passed the Senate with a vote of 17-4 (May 11, 2011)
The bill was signed into law by Governor Jack Markell (D) on May 13, 2011 and will become effective July 1, 2011.
A joint resolution that would put a medical marijuana state constitutional amendment on the ballot in 2012.
Filed by Rep. Jeff Clemens (D) and first reading held Mar. 8, 2011;
Referred to Criminal Justice Subcommittee, Health & Human Services
Committee, Judiciary Committee and Criminal Justice Subcommittee on Mar.
14, 2011; Indefinitely postponed and withdrawn from consideration on
May 7, 2011; Died in Criminal Justice Subcommittee (May 7, 2011)
"The purpose of [the Idaho Compassionate Use Medical Marijuana Act] is
to protect from arrest, prosecution, property forfeiture, and criminal
and other penalties, those patients who use marijuana to alleviate
suffering from debilitating medical conditions, as well as their
physicians, primary caregivers and those who are authorized to produce
marijuana for medical purposes."
lntroduced by Rep. Tom Trail (R) on Jan. 19, 2011; Sent to Health and
Welfare committee on Jan. 20, 2011; Informational hearings held on Mar.
30 and Apr. 4, 2011; Died in committee without a vote when legislature
adjourned (Apr. 7, 2011)
"Creates the Compassionate Use of Medical Cannabis Pilot Program Act,"
allowing state-registered patients diagnosed by a physician as having a
debilitating medical condition to cultivate medical marijuana or to
obtain it from state-regulated dispensaries."
Amendment 1 repeals the program after three years and prohibits
patients from driving for 12 hours after consuming marijuana.
Amendment 2 makes it illegal for dispensaries to make campaign contributions.
Amendment 3 sets a $5,000 non-refundable application fee and $20,000 certificate fee for dispensaries.
Amendment 4 "Excludes from the definition of 'qualifying patient' active public safety personnel."
Pre-filed with clerk by Deputy Majority Leader Lou Lang (D) on Dec. 28,
2010; First reading in the House and referral to Rules Committee on Jan.
12, 2011; Added chief co-sponsor Rep. Angelo Saviano (R) on Jan. 20,
2011; Added chief co-sponsor Rep. Ann Williams (D) on Jan. 21, 2011;
Assigned to Human Services Committee on Feb. 8, 2011; House Committee
Amendment No.1 filed, referred to Rules Committee, referred to Human
Services Committee on Mar. 8, 2011; Adopted by voice vote in Human
Services (6-5) and placed on calendar for 2nd reading on Mar. 9, 2011;
Amendment 2 filed Apr. 12, 2011; Amendment 3 filed Apr. 22, 2011;
Amendment 4 filed May 3, 2011; Third reading held May 4, 2011; Added
chief co-sponsors Rep. Kenneth Dunkin (D) and Rep. Sara Feigenholtz (D)
on May 5, 2011; Added co-sponsor Rep. Kelly M. Cassidy (D) on May 18,
2011; Final action deadline extended to May 31, 2011 on May 27, 2011;
Re-referred to Rules Committee (May 31, 2011)
"Creates
the Compassionate Use of Medical Cannabis Pilot Program Act. Provides
that the Department of Public Health shall issue a registry
identification card to a qualified patient with a debilitating medical
condition that allows the patient to possess no more than 2 ounces of
dried usable cannabis and 6 cannabis plants, no more than 3 of which can
be mature cannabis plants... Provides that the Act is repealed 3 years
after its effective date."
Filed by Sen. Haine (D) on Feb. 9, 2011; Assigned to Judiciary Committee
on Feb. 23, 2011; Amended and passed by the Judiciary Committee on Mar.
15, 2011; Referred to Assignments (July 23, 2011)
"An Act relating to the creation of a medical marijuana Act including
the creation of nonprofit dispensaries, and providing for civil and
criminal penalties and fees."
Allows qualifying patients to possess no more than two and one-half ounces of usable marijuana and six marijuana plants.
Introduced by Sen. Joe Bolkcom and referred to Human Resources on Feb.
21, 2011; Referred to Human Resources subcommittee on Feb. 22, 2011;
Did not advance out of committee by Mar.
18 deadline but will carry over to 2012 (Mar. 18, 2011)
"An Act enacting the cannabis compassion and care act; providing for the
legal use of cannabis for certain debilitating medical conditions;
providing for the registration and functions of compassion centers;
authorizing the issuance of identification cards."
Introduced by Rep. Gail Finney (D) on Feb. 11, 2011; Referred to
Committee on Health and Human Services on Feb. 14, 2011; Did not advance out of committee by the Feb. 25 deadline but will carry over to 2012 (Feb. 25, 2011)
[This legislation does not legalize medical marijuana or provide
any means for accessing marijuana in Maryland, but the bill is
considered favorable to medical marijuana.]
The synopsis from the original Feb. 20, 2011 bill said: "Synopsis:
Making marijuana a Schedule II controlled dangerous substance; 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..."
The original bill was changed by various amendments, and many of
the original intentions were not included in the final version.
The final May 10, 2011 version of the bill established an
affirmative defense for people arrested on possession of no more than
one ounce of marijuana who have a "debilitating medical condition" that
is "severe and resistant to conventional medicine." The bill also
created a Work Group to develop recommendations for "a model program to
facilitate patient access to marijuana for medical purposes" with a
deadline of Dec. 1, 2011. The bill took effect on June 1, 2011 and is
slated to expire on May 31, 2012.
Introduced by Sen. David Brinkley (R) and Sen. Jamie Raskin (D) with 20
co-sponsors; first reading held in Judicial Proceedings Committee on
Feb. 2, 2011; Hearing held on Mar. 3, 2011; Favorable with amendments
report by Judicial Proceedings Committee on Mar. 21, 2011; Passed by Senate with a vote of 41-6 on Mar. 24, 2011; Senate concurred with House amendments and passed with a vote of 38-6 (Apr. 7, 2011)
First reading in the House Health and Government
Operations and Judiciary Committees on Mar. 22, 2011; Hearings held in
both committees on Apr. 1, 2011; Passed by House with a vote of 83-50 (Apr. 6, 2011)
Signed into law by Governor Martin O'Malley on May 10, 2011.
"The Massachusetts Medical Marijuana Act. It is the purpose of this act
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."
Introduced by Rep. Frank I. Smizik (D) on Jan. 14, 2011; Referred to
Joint Committee on Public Health on Jan. 24, 2011; Hearing held (July 12, 2011)
"'The Massachusetts Medical Marijuana Act.' It is the purpose of this
act 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."
Introduced by Sen. Stanley Rosenberg (D) on Jan. 20, 2011; Referred to
the Joint Committee on Public Health on Jan. 24, 2011; Hearing held (July 12, 2011)
"An Act relative to the arrest and prosecution for the possession of marihuana for medical purposes...
It shall be a prima facie defense to a charge of
possession, manufacturing or trafficking of marihuana under this section
if the defendant is a patient, caregiver or physician... Police
officers shall have the right to exercise judgment in determining
whether or not to arrest an individual..."
Introduced by Sen. Thomas McGee (D) on Jan. 21, 2011; Referred to Joint Committee on the Judiciary (Jan. 24, 2011)
"An act to authorize the medical use of marihuana by seriously ill
patients under a physician's supervision... [and] to transfer marihuana
from Schedule I to Schedule II under the Controlled Substances Law...
The purpose of this act is to ensure that physicians are not penalized
for discussing marihuana as a treatment option with their patients, and
that seriously ill people who engage in the medical use of marihuana
upon their physicians' advice are not arrested and incarcerated..."
lntroduced by Sen. Deborah Dawkins (D) and referred to Drug Policy committee on Jan. 17, 2011; Died in committee (Feb. 1, 2011)
"The purpose of this act is to protect patients with debilitating
medical conditions, as well as their physicians and designated
caregivers, from arrest and prosecution, criminal and other penalties,
and property forfeiture if such patients engage in the medical use of
marijuana."
lntroduced by Rep. Evalyn Merrick (D) and referred to the Health, Human
Services, and Elderly Affairs Committee on Jan. 6, 2011; Hearing held
and bill received a vote of "ought to pass" (14-3) from the committee on
Mar. 1, 2011; Passed by House with a vote of 221-96 (Mar. 16, 2011)
Introduced to the Senate Health and Human Services
Committee on Mar. 23, 2011; Hearing held with majority report "ought to
pass amended" on Apr. 14, 2011; "Laid on table" to delay vote, and would
require a 2/3 vote to be brought back for consideration (May 11, 2011)
"Legalizes the possession, manufacture, use, delivery, transfer,
transport or administration of marihuana by a certified patient or
designated caregiver for a certified medical use;... directs the
department of health to monitor such use and promulgate rules and
regulations for registry identification cards." Sets possession limit of
2.5 ounces.
Introduced by Senate Health Committee Chair Tom Duane (D) and referred
to Health Committee on Feb. 1, 2011; Re-referred to Health Committee (Jan. 4, 2012)
"Legalizes
the possession, manufacture, use, delivery, transfer, transport or
administration of marihuana by a certified patient or designated
caregiver for a certified medical use;... directs the department of
health to monitor such use and promulgate rules and regulations for
registry identification cards." Sets possession limit of 2.5 ounces.
Introduced by Assembly Health Committee Chair Richard Gottfried (D) on
May 2, 2011; Referred to Codes Committee on May 24, 2011; Referred to
Ways and Means Committee on June 13, 2011; Referred to Rules Committee
on June 15, 2011; Referred to Health Commttee (Jan. 4, 2012)
"A qualified patient shall not be subject to arrest, prosecution, or
penalty in any manner... for the possession or purchase of cannabis for
medical use by the qualified patient if the quantity of usable cannabis
possessed or purchased does not exceed an adequate supply..." Prohibits a
school, employer, or landlord for penalizing qualified patients for
"the presence of cannabis metabolites in the individual's bodily
fluids." Establishes a registry identification card program and a
medical cannabis supply system.
Introduced by Rep. Kelly Alexander (D), Rep. Patsy Keever (D), and Rep. Pricey Harrison (D) on Mar. 21, 2011; Passed 1st reading in the House and referred to the Committee on Rules, Calendar, and Operations of the House on Apr. 4, 2011; Died because the bill did not advance before the "crossover deadline" [date by which legislation must pass one Chamber to be considered for the remainder of the legislative session] (June 9, 2011)
[Editor's Note: The Marijuana Policy Project (MPP) confirmed with the House Clerks office and the chair of the Rules Committee in Jan. 2012 that HB 577 did not carry over from 2011 to 2012. MPP emailed ProCon.org on Jan. 26, 2012 to let us know that HB 577 was indeed dead.]
"There
is a presumption that a registered qualifying patient or visiting
qualifying patient is engaged in the medical use of cannabis if the
patient is in possession of a valid registry identification card or
valid visiting qualifying patient identification card."
Introduced by Rep. Kenny Yuko (D) and Rep. Robert Hagan (D) and assigned to the Health & Aging committee (Apr. 26, 2011)
The Compassionate Use Act of 2011 removes Oklahoma’s criminal penalties
for a patient who "possesses or cultivates marijuana for the personal
medical purposes of the patient upon the written or oral recommendation
or approval of a physician."
Introduced by Sen. Constance Johnson (D); First reading held Feb. 7,
2011; Second Reading and referral to Health and Human Services committee (Feb. 8, 2011)
The Governor Raymond Shafer Compassionate Use Medical Marijuana Act
provides "for the medical use of marijuana; and repealing provisions of
law that prohibit and penalize marijuana use."
Introduced by Sen. Daylin Leach (D) and referred to the Public Health and Welfare committee (Apr. 25, 2011)
The Governor Raymond Shafer Compassionate Use Medical Marijuana Act
provides "for the medical use of marijuana; and repealing provisions of
law that prohibit and penalize marijuana use."
Introduced by Rep. Mark Cohen (D) and referred to the House Health
Committee on June 13, 2011; Referred to Human Services Committee (June 23, 2011)
Provides an affirmative defense for people being prosecuted for
possession of marijuana, if they have a recommendation from a physician
to use it "for the amelioration of the symptoms or effects of a bona
fide medical condition."
Introduced by Rep. Elliott Naishtat (D) on Feb. 17, 2011; Read and
referred to Public Health Committee on Mar. 2, 2011; Died because the
bill did not advance before the "crossover deadline" [date by which
legislation must pass one Chamber to be considered for the remainder of
the legislative session] (May 13, 2011)
"A qualifying patient shall not be subject to arrest, prosecution or
penalty in any manner, or denied any right or privilege... for the
medical use of marijuana, provided that the patient possesses a registry
identification card and no more than six marijuana plants and one ounce
of usable marijuana."
Also allows for affirmative defense, immunity for registered
primary caregivers, protection for physicians, and the creation of
compassion centers.
Introduced by Rep. Mike Manypenny (D) and referred to House Judiciary
committee (Feb. 21, 2011)
