Where is medical marijuana legal? It’s a question that many people want the answer to when they seek treatment with medical cannabis and today, we’re going to tell you what you need to know.
Where is Medical Marijuana Legal? Understanding Legality
Firstly, we need to talk about what we mean when we say that marijuana is “legal”. There is a divide that exists between state and federal law when it comes to medical cannabis. While a number of individual states within the U.S. have approved the legal use of medical marijuana, it is still considered illegal by federal law. This means that even though you have a prescription for medical marijuana from a certified doctor in your state, the federal government can still pursue you for possession if you have cannabis on your person.
So, what does this mean for you? Well, because there are regulations and limitations in place in states to govern the use of medical marijuana, and because medical cannabis users are screened and monitored through state registries, the federal authorities rarely seek to prosecute medical cannabis users provided that they are respectful of those rules and regulations. For example, not crossing state lines with medical cannabis on your person.
Does this mean that federal authorities won’t prosecute for medical marijuana possession? No, it is still entirely possible for you to be prosecuted by federal agents for use, but it is unlikely.
So which states do allow for medical cannabis use?
States Where Medical Marijuana Use is State Approved
Currently, medical cannabis use is approved in the following states:
- Florida
- Louisiana
- Arkansas
- Oklahoma
- Missouri
- Iowa
- Minnesota
- North Dakota
- Montana
- Ohio
- West Virginia
- Pennsylvania
- New York
- New Hampshire
- Rhode Island
- Connecticut
- New Jersey
- Delaware
- Maryland
- Washington DC
- New Mexico
- Arizona
- Utah
- Washington
- Oregon
- Nevada
- Cailfornia
- Colorado
- Illinois
- Alaska
- Michigan
- Massachusetts
- Maine
- Vermont
Of these states that allow for medical marijuana use, there are a select few that also permit the use of recreational marijuana. These states include:
- Alaska
- California
- Colorado
- Illinois
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
- Washington DC
Why Are States Overlooking Federal Regulations?
Many people want to know why states within the U.S. are ignoring the current federal rules against marijuana use.
Firstly, the attitude towards medical marijuana use among those who put the law into effect has changed. As the benefits of medical cannabis become more widely known, those who once condemned the use of medical cannabis, are now coming around. This increased interest within states is only bolstered by the possibility of additional state income.
But how do states get away with breaking federal laws? After all, doesn’t federal law outrank state law? Yes…but not really. Yes, federal law technically supersedes state law, but there is an amendment that throws a wrench into the works for the federal government. The Rohrabacher-Farr amendment establishes that the justice department may not utilize federal funding to prevent states from putting their own medical marijuana laws into effect. The result of this is perhaps best explained by an article features in America Magazine “Five Things You Should Know About Federal and State Marijuana Laws” by Ellen K. Boegel:
Federal authority to regulate marijuana is based on the Commerce Clause. But state authority to regulate marijuana is based on traditional police and public health powers and the Tenth Amendment. Overlaps between federal and state powers that result in legislative conflicts are resolved by applying the constitutional principles of federalism and pre-emption. That is, state governments have sovereign powers, but they are not equals of the federal government, and the Supremacy Clause gives the federal government primacy over the states. Deference is given to states when they act pursuant to their historic police powers, but state laws that prevent the enforcement of constitutionally authorized federal laws are routinely struck down by the courts as pre-empted by federal law.
Thus, state decriminalization of marijuana does not conflict with federal law, as states are free to write their own criminal statutes. But medical marijuana and legalization laws differ in that they provide state approval, rather than mere disinterest, to federally prohibited activities.
Want to Know More Than Just Where Medical Marijuana is Legal?
If you want to know more about medical cannabis treatment and you live in or around Coral Springs, Florida, we invite you to use our online medical marijuana appointment tool to schedule an appointment with Dr. Tirmal. During your appointment, you can ask all of your questions as well as undergo screening for your medical marijuana card so that we can get you on the road to relief!