Proposed Medical Marijuana Legislation in 2013


I. Four States with Pending Legislation to Legalize Medical Marijuana at the end of 2013

1. Minnesota

States considering medical marijuana

3. Ohio
2. New York 4. Pennsylvania
   
 
 
   

II. Three States with Legislation That Is Favorable Towards Medical Marijuana
But Would Not Legalize Its Use

1.Maryland 2. Minnesota 3.Oklahoma

III. 13 States with Failed Legislation

1.Alabama 2.Iowa 3.Florida 4.Kansas 5.Kentucky 6.Maryland
7.
Mississippi 8.Missouri 9.North Carolina 10.Oklahoma 11.South Dakota 12.Texas 13.West Virginia


I. States with Pending Legislation to Legalize Medical Marijuana at the end of 2013
1. Minnesota Summary History (last action date)
Senate Bill:
SF 1641  (175 KB) 
"Permitting the medical use of marijuana... specifying certain limitations... [establishing] registry identification card... authorizing cities to enact zoning regulations that limit use of land for medical marijuana dispensaries..."

Introduced by Sen. Scott Dibble (Democratic–Farmer–Labor Party), received first reading and referred to Health, Human Services and Housing committee on May 2, 2013; Legislature adjourned for 2013 but bill can be taken up in 2014 because of the two-year session (May 19, 2013)

House Bill:
HF 1818  (175 KB) 
"Marijuana medical use permitted, fees set, rulemaking authorized, criminal and civil penalties provided, and money appropriated."

Introduced by Rep. Carly Melin (Democratic–Farmer–Labor Party), received and first reading and referred to Health and Human Services Policy on May 2, 2013; Legislature adjourned for 2013 but bill can be taken up in 2014 because of the two-year session (May 19, 2013)

2. New York Summary History (last action date)
Senate Bill:
SB 1682  (100 KB) 
"Legalizes the possession, manufacture, sale, administration, delivery, dispensing and distribution of [up to 8 oz of] marijuana in connection with medical use thereof for certified patients... permits registered organizations to sell, administer, deliver, etc. marijuana to certified patients or the caregiver of a certified patient for certified medical use..."

Introduced by Sen. Velmanette Montgomery (D) and referred to the Health Committee (Jan. 9, 2013)

The New York State Assembly is in recess for the rest of 2013, but bills may be carried over to even years.

Senate Bill:
SB 4406  (85 KB) 
"Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use..." Introduced by Sen. Diane Savino (D) and referred to Health committee on Mar. 26, 2013; Amended and recommitted to Health committee (June 14, 2013)

The New York State Assembly is in recess for the rest of 2013, but bills may be carried over to even years.
Assembly Bill:
AB 6357  (85 KB) 
"Legalizes the possession, acquisition, use, delivery, transfer, transport or administration of marihuana by a certified patient or designated caregiver for a certified medical use..." Introduced by Assemblymember Richard Gottfried (D) and referred to Health committee on Mar. 26, 2013; Referred to Codes committee on Apr. 16, 2003; Referred to Ways and Means committee on Apr. 30, 2013; Passed Assembly by a vote of 99-41, sent to Senate and referred to Health committee on June 3, 2013; Recalled from Senate and returned to Assembly (June 17, 2013)

The New York State Assembly is in recess for the rest of 2013, but bills may be carried over to even years.
3. Ohio Summary History (last action date)
House Bill:
HB 153  (250 KB) 
"A registered primary caregiver: A registered qualifying patient or visiting qualifying patient for engaging in the medical use of cannabis;... A registered primary caregiver." Introduced by Rep. Robert Hagan (D) and assigned to Health and Aging committee on May 2, 2013; Received a hearing (May 29, 2013)
4. Pennsylvania Summary History (last action date)
Senate Bill:
SB 770  (75 KB) 
"An Act providing 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 Public Health And Welfare committee (Apr. 3, 2013)

The Pennsylvania legislature is in recess until Sep. 23, 2013.
House Bill:
HB 1181  (75 KB) 
"An Act providing for the medical use of marijuana." Introduced by Rep. Mark Cohen (D) and referred to Health committee (Apr. 15, 2013)

The Pennsylvania legislature is in recess until Sep. 23, 2013.
II. States with 2013 Legislation That Is Favorable Towards Medical Marijuana But Would Not Legalize Its Use
1. Maryland Summary History (last action date)
House Bill:
HB 180  (150 KB)

[Editor's Note: HB 180 does not legalize medical marijuana. Rather, it provides a defense for caregivers of medical marijuana patients. House Bill 302 (see above) would legalize medical marijuana.]
Medical Marijuana Caregiver Affirmative Defense: "Establishing that it is an affirmative defense to a prosecution for the possession of marijuana or the possession of specified drug paraphernalia that the marijuana or drug paraphernalia was intended for medical use by an individual with a specified debilitating medical condition for whom the defendant is a specified caregiver." Introduced by Delegate Cheryl D. Glenn (D) and received first reading in Judiciary committee on Jan. 21, 2013; Third reading passed House by a vote of 94-40 on Feb. 21, 2013; Sent to Senate and received first reading in Judicial Proceedings committee on Feb. 22, 2013; Favorable report by Judicial Proceedings on Apr. 1, 2013; Passedby Senate 47-0 on Apr. 3, 2013; signed into law by Governor O'Malley (Apr. 9, 2013)

House Bill:
HB 1101  (200 KB)

[Editor's Note: HB 1101 does not provide patient access to medical marijuana and therefore would not make Maryland a legal medical marijuana state. The program established by the bill would only function if a Maryland academic medical center participated; both the University of Maryland Medical System and Johns Hopkins University have indicated they will not participate.]
"This bill allows for the investigational use of marijuana for medical purposes. Specifically, the bill establishes the Medical Marijuana Commission to (1) develop requests for applications for academic medical centers to operate programs in the State; (2) approve or deny initial and renewal program applications; and (3) monitor and oversee programs approved for operation." Introduced by Delegate Dan K. Morhaim (D), received first reading in Health and Government Operations and Judiciary committee on Feb. 8, 2013; Passed favorable and reported adopted in floor committee on Mar. 22, 2013; Passed House by a vote of 108-28 on Mar. 25, 2013; Sent to Senate and received first reading in Judicial Proceedings and Finance committees on Mar. 25, 2013; Favorable report by Judicial Proceedings committee on Apr. 4, 2013; Passed Senate by a vote of 42-4 and sent to Governor O'Malley on Apr. 8, 2013; signed by the governor (May 2, 2013)
2. Minnesota Summary History (last action date)
House File:
HF 508  (70 KB)

[Editor's Note: HF 508 would not legalize medical marijuana. Rather, it provides an affirmative defense for medical marijuana patients.]
"Courts authorized to recognize a necessity defense for criminal, administrative, and civil cases involving natural herbs of the genus Cannabis."

Introduced by Rep. Alice Hausman (Democratic–Farmer–Labor Party) and received first reading (Feb. 11, 2013)

The Minnesota legislature is in recess until Feb. 2014 but bills carry over to even years.

3. Oklahoma Summary History (last action date)
Senate Bill:
SB 902  (50 KB)

[Editor's Note: SB 902 is considered largely symbolic and would not legalize medical marijuana because the bill uses the word "prescribe;" federal law prohibits marijuana from being prescribed. Senate Bill 710 (see above) would legalize medical marijuana.]
"Legalizes the possession, manufacture, sale, administration, delivery, dispensing and distribution of [up to 8 oz of] marijuana in connection with medical use thereof for certified patients... permits registered organizations to sell, administer, deliver, etc. marijuana to certified patients or the caregiver of a certified patient for certified medical use..."

Authored by Sen. Constance Johnson (D) on Jan. 17, 2013; Received first reading on Feb. 4, 2013; Referred to Health and Human Services on Feb. 5, 2013; Withdrawn from Health and Human Services committee and referred to Business and Commerce (Feb. 18, 2013)

The Oklahoma legislature is in recess until Feb. 2014 but bills carry over to even years.

III. States with Failed Legislation
1. Alabama Summary History (last action date)
House Bill:
HB 2  (75 KB) 
The Alabama Medical Marijuana Patients Rights Act: "This bill would authorize the medical use of marijuana only for certain qualifying patients who have been diagnosed by a physician as having a serious medical condition." Pre-filed by Rep. Patricia Todd (D) on Dec. 8, 2012; Scheduled to be read for the first time and referred to the committee on Health on Feb. 5, 2013; Health Committee voted 12-2 not to advance the bill, which made the bill dead (Feb. 6, 2013)
House Bill:
HB 315  (45 KB) 
This bill would establish a medical exemption for the personal use and possession of marijuana only for certain qualifying patients who have been diagnosed by a physician as having a serious medical condition and been issued a valid medical marijuana identification card. Introduced by Rep. Patricia Todd (D), received first reading, and assigned to Health committee on Feb. 21, 2013; Bill died when legislature adjourned on without voting on it (May 20, 2013)
2. Iowa Summary History (last action date)
Senate File:
SF 79  (100 KB) 
"A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty... for the medical use of marijuana... provided the marijuana possessed by the qualifying patient: a. Is not more than two and one-half ounces of usable marijuana... b. does not exceed six marijuana plants, which must be kept in an enclosed, locked facility unless the plants are being transported because the qualifying patient is moving..." Introduced by Sen. Bruce Hunter (D), referred to Human Resources committee then referred to a subcommittee on Jan. 29, 2013; Bill died when legislature adjourned without voting on it (May 23, 2013)
House File:
HF 22  (100 KB) 
"An Act providing for the creation of a medical marijuana act including the creation of nonprofit dispensaries, and providing for civil and criminal penalties and fees... A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest... provided the marijuana possessed by the qualifying patient: (a) is not more than two and one-half ounces of usable 12 marijuana. (b) If the qualifying patient has not designated a primary caregiver to cultivate marijuana for the qualifying patient, does not exceed six marijuana plants..." Introduced by Rep. Bruce Hunter (D) and referred to the Public Safety Committee on Jan. 16, 2013; Bill died when legislature adjourned on without voting on it (May 23, 2013)
3. Florida Summary History (last action date)
Senate Bill:
SB 1250  (1.1 MB) 
"An act relating to medical cannabis... authorizing a qualifying patient to possess and administer medical cannabis... authorizing the patient's caregiver to possess and administer medical cannabis to a qualifying patient... The maximum amount of medical cannabis which a qualifying patient or the patient's caregiver may possess at any given time is 4 ounces of dried medical cannabis, eight mature marijuana plants, or eight immature marijuana plants." Filed by by Sen. Jeff Clemens (D) on Feb. 27, 2013; Referred to Health Policy, Judiciary, Criminal Justice, and Appropriations committees on Mar. 1, 2013; designated as "introduced" on Mar. 5, 2013; Died in Health Policy committee (May 3, 2013)
House Bill:
HB 1139  (665 KB) 
"An act relating to medical cannabis... authorizing a qualifying patient to possess and administer medical cannabis... authorizing the patient's caregiver to possess and administer medical cannabis to a qualifying patient... The maximum amount of medical cannabis which a qualifying patient or the patient's caregiver may possess at any given time is 4 ounces of dried medical cannabis, eight mature marijuana plants, or eight immature marijuana plants."

Filed by Rep. Katie Edwards (D) on Feb. 28, 2013; designated as "introduced" on Mar. 5, 2013; died in Health Quality Subcommittee (May 3, 2013)

4. Kansas Summary History (last action date)
Senate Bill:
SB 9  (150 KB) 
"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; establishing the compassion board; providing for administration of the act by the department of health and environment." Pre-filed by Sen. David Haley (D) on Jan. 10, 2013; Introduced and referred to the Committee on Public Health and Welfare on Jan. 15, 2013; Bill died because it did not advance before the deadline (June 2, 2013)
House Bill:
HB 2198  (150 KB) 
"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; establishing the compassion board; providing for administration of the act by the department of health and environment..." Introduced by the House Standing Committee on Vision 2020 on Feb. 1, 2013; Referred to Committee on Federal and State Affairs on Feb. 4, 2013; Bill died because it did not advance before the deadline (June 2, 2013)
5. Kentucky Summary History (last action date)
Senate Bill:
SB 11  (40 KB) 

Gatewood Galbraith Medical Marijuana Memorial Act: "AN ACT relating to medical marijuana... to establish a comprehensive system for medical marijuana in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health..."

Introduced by Sen. Perry Clark (D) on Jan. 8, 2013 and referred to the Judiciary Committee on Jan. 10, 2013; Bill died when legislative session ended (Mar. 26, 2013)
6. Maryland Summary History (last action date)
House Bill:
HB 302  (300 KB) 
Maryland Medical Marijuana Act: "Authorizing the medical use of marijuana under specified circumstances; repealing criminal provisions that allow the imposition of a fine or the use of an affirmative defense for use or possession of marijuana or use or possession of drug paraphernalia related to marijuana under specified circumstances; requiring the Department of Health and Mental Hygiene to adopt regulations on or before September 1, 2013; authorizing the Department to vary application and renewal fees along a sliding scale; requiring a specified annual report." Introduced by Delegate Cheryl D. Glenn (D) and received first reading in Health and Government Operations and Judiciary committee on Jan. 24, 2013; Withdrawn after "unfavorable report" by Health and Government Operations (Mar. 25, 2013)
House Bill:
HB 1100  (300 KB) 
"For the purpose of establishing an independent Medical Marijuana Oversight Commission... requiring the Commission to issue a registry identification card to certain patients... requiring the Commission to establish a registration program to register dispensing pharmacies, dispensing centers, and academic medical centers." Introduced by Del. Dan K. Morhaim (D) and received first reading in Health and Government Operations and Judiciary committee on Feb. 8, 2013; Withdrawn after "unfavorable report" by Health and Government Operations (Mar. 25, 2013)
7. Mississippi Summary History (last action date)
Senate Bill:
SB 2369  (175 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 limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers..." Introduced by Sen. Deborah Dawkins (D) and referred to Judiciary committee on Jan. 21, 2013; Died in committee (Feb. 5, 2013)
8. Missouri Summary History (last action date)
House Bill:
HB 688  (140 KB) 

"A qualifying patient who has in his or her possession written certification shall not be subject to arrest, prosecution, or penalty in any manner for the medical use of marijuana, provided the quantity of marijuana does not exceed an adequate supply."

Allows a "nonprofit corporation registered with the state" to "sell, administer, deliver, dispense, distribute, cultivate, or possess marijuana."

Introduced by Rep. Mike Colona (D) and read first time on Feb. 25, 2013; Read second time on Feb. 26, 2013; Bill died when legislature adjourned without voting on it (May 17, 2013)
9. North Carolina Summary History (last action date)
House Bill:
HB 84  (235 KB) 
North Carolina Medical Cannabis Act: Qualified patients and designated caregivers "shall not be subject to arrest, prosecution, or penalty in any manner... the possession or purchase of cannabis for medical use by the qualified patient Introduced by Rep. Kelly M. Alexander, Jr. (D) and Rep. Pricey Harrison (D) on Feb. 7, 2013; Passed first reading and referred to Committee on Rules, Calendar, and Operations of the House on Feb. 11, 2013; bill was defeated when the House Rules Committee gave it an "unfavorable report." (Feb. 20, 2013)
10. Oklahoma Summary History (last action date)
Senate Bill:
SB 710 (115 KB)
Compassionate Use Act of 2013: Allows qualified patients or designated caregivers to possess up to eight ounces of dried cannabis and 12 cannabis plants (unless a doctor recommends a different quantity). Exempts "physicians [from] punishments related to recommending the medical use of cannabis." Authored by Sen. Constance Johnson (D) on Jan. 17, 2013; Received first reading on Feb. 4, 2013; Second reading on Feb. 5, 2013; Failed in Health and Human Services committee by a vote of 6-2 (Feb. 25, 2013)
11. South Dakota Summary History (last action date)
House Bill:
HB 1227  (15 KB)

[Editor's Note: HB 1227 would not legalize medical marijuana. Rather, it provides an affirmative defense for medical marijuana patients.]
"An Act to provide for an affirmative defense of medical necessity for certain marijuana offenses... It is an affirmative defense to the charge of possession of two ounces or less of marijuana... if the defendant proves by a preponderance of the evidence, that the defendant has a medical necessity to possess or use marijuana." Introduced by Representatives Kaiser, May, and Olson, and Senators Tieszen, Adelstein, Bradford, and Frerichs; First read in House and referred to House Health and Human Services on Jan. 28, 2013; Committee voted to kill the bill by a vote of 7-6 (Feb. 5, 2013)
12. Texas Summary History (last action date)
House Bill:
HB 594 (40 KB) 

[Editor's Note:HB 594 would not legalize medical marijuana. Rather, it provides an affirmative defense for medical marijuana patients, and protects physicians who recommend medical marijuana.]

"An Act relating to the medical use of marihuana: It is an affirmative defense to prosecution... that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition." Introduced by Rep. Elliott Naishtat (D) on Jan. 18, 2013; Read for the first time and referred to Public Health committee on Feb. 14, 2013; Considered in public hearing but left pending in committee on May 1, 2013; Bill died when legislative session ended (May 27, 2013)
13. West Virginia Summary History (last action date)
House Bill:
HB 2230  (130 KB)
"The Compassionate Use Act For Medical Cannabis - A registered qualifying patient may not be subject to arrest, prosecution or denial of any right or privilege... for the medical use of marihuana... if the registered qualifying patient does not possess more than: (1) Six ounces of usable marihuana; and (2) Twelve mature marihuana plants and twelve seedlings, if the qualifying patient has not specified that a designated care giver will be allowed under state law to cultivate marihuana for the qualifying patient." Allows "registered compassion centers" to dispense marijuana. Introduced by Del. Mike Manypenny (D) and sent to Health and Human Resources committee on Feb. 13, 2013; Bill died when legislative session ended (Apr. 17, 2013)
House Bill:
HB 2961  (175 KB)
"Compassionate Medical Marijuana Use Act of 2013; protecting patients with debilitating medical conditions, as well as their practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture, if such patients engage in the medical use of marijuana..." Introduced by Del. Mike Manypenny (D) and sent to Health and Human Resources committee on Mar. 19, 2013; Bill died when legislative session ended (Apr. 17, 2013)

Additional Resources:

1. Legal Medical Marijuana States and DC

2. 2012 States with Legislation or Ballot Measures to Legalize Medical Marijuana

3. 2011 States with Legislation or Ballot Measures to Legalize Medical Marijuana

4. 2010 States with Legislation or Ballot Measures to Legalize Medical Marijuana


Information about pending legislation comes directly from the state legislature website for each state. ProCon.org gives special thanks to Karen O'Keefe, JD, Director of State Policies for Marijuana Policy Project (MPP), for her updates on pending legislation.

Note: Ballot initiatives will only be added once a measure has been officially added to a state ballot.