Alabama
Recreational: Not legal
Medical: legal
Passed SB 46 in 2021.
Reimbursement: SB 46 states that the legalization of medical marijuana does not change an employer's right to deny or establish legal defenses for payment of workers' comp benefits if an employee tests positive for marijuana use
Alaska
American Samoa
Arizona
Recreational: legal
Ballot measure approved in 2020 general election
Next steps: legislature will need to craft laws and authorize rulemaking authority to implement program
Medical: legal
Conditions: Cancer, AIDS, other debilitating medical illnesses upon recommendation by doctor
Legislation: Prop 203 (2010)
Reimbursement: no precedent has been set
Arkansas
Recreational: not legal
Medical: legal
Conditions: ALS, Cancer, Crohn’s Disease, Glaucoma, Hepatitis C, other chronic or debilitating diseases. (View full list in legislation below.)
Legislation: Issue 6 (2016)
Reimbursement:
Some precedent set for reimbursement
Jones v Amercable Corp: Workers' comp insurer not required to reimburse
California
Recreational: legal
Medical: legal
Conditions: “serious medical condition” including: AIDS, Anorexia, Arthritis, Cachexia, Cancer, Chronic Pain, Glaucoma, Migraine, Persistent muscle spasms, severe nausea, seizures, “any other chronic or persistent medical symptom”
Legislation: Prop 215 (1996) and SB 420 (2003)
Reimbursement: No precedent
Colorado
Recreational: legal
Medical: legal
Legislation: Amendment 20 (2000)
Reimbursement: state does not require insurers to reimburse for medical marijuana use
Other: drug use policies
Coats v. Dish Network (2015): Court upheld Dish Network’s decision to fire Coats for using medical marijuana outside of work because medical marijuana is illegal federally.
Connecticut
Recreational: legal
SB1201 passed June 17, 2021. Formal sales will begin May 2022.
Medical: legal
Conditions: debilitating medical conditions such as cancer, glaucoma, HIV, AIDS, Parkinson’s, MS, etc. (View full list in legislation below.)
Legislation: HB 5389 (2012)
Reimbursement: some precedent has been set for reimbursement
Petrini v. Marcus Dairy, Inc: medical marijuana is reimbursable and constitutes reasonable and necessary medical treatment (pending)
Legislation: reimbursement is covered under state’s workers’ compensation laws
Delaware
Recreational: not legal
Medical: legal
Conditions: “debilitating medical condition” – ex: cancer, HIV, AIDS, decompensated cirrhosis, PTSD (View legislation below for full list.)
Legislation: SB17 (2011)
Reimbursement: no precedent has been set for reimbursement
District Of Columbia
Recreational: legal
Medical: legal
Conditions: “seriously ill individuals” – ex: cancer, HIV, AIDS, muscle spasm, glaucoma
Legislation: Initiative 59 (1998), L18-0210 (2010)
Reimbursement: no precedent has been set for reimbursement
Federated States Of Micronesia
Florida
Recreational: Not legal
Medical: limited-purpose medical marijuana is legal
THC levels must be below .8% and CBD levels above 10% by weight
Conditions: “Debilitating medical condition as determined by a licensed Florida physician.”
Ex: cancer, epilepsy, glaucoma, HIV, AIDS, PTSD
New Legislation: Amendment 2 (2016)
Reimbursement: Insurers not required to reimburse for medical marijuana use
Georgia
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
Oils with THC levels below 5% and at least an equal amount of CBD
Conditions: end stage cancer, ALS, severe or end-stage MS, Crohn’s disease, mitochondrial disease, severe or end-stage Parkinson’s, severe or end-stage sickle cell disease
Legislation: HB1 (2015)
Reimbursement: no precedent has been set for reimbursement
Guam
Hawaii
Recreational: not legal
Medical: legal
Conditions: chronic or debilitating disease – ex: Cachexia or wasting syndrome, severe pain, nausea, seizures, muscle spasms, PTSD
Legislation: SB 862 (2000)
Reimbursement: no precedent has been set for reimbursement
Idaho
Recreational: not legal
Medical: not legal
Legislation: SB 1146 was vetoed by the governor in 2015
Reimbursement: no precedent has been set for reimbursement
Illinois
Recreational: legal recreational marijuana (passed 2019)
Medical: legal
Conditions: debilitating medical condition – ex: cancer, glaucoma, HIV, AIDS, Hepatitis C, ALS, Crohn’s disease (View legislation below for full list)
Legislation: HB1 (2013)
Reimbursement: insurers not required to reimburse for medical marijuana
Indiana
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
THC levels must be below .3% and CBD levels must be above 5%. No other controlled substances included.
Treatment-resistant epilepsy
Legislation: HB 1148 (2017)
Reimbursement: no precedent has been set for reimbursement
Iowa
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
THC levels below 3% and free from plant material
Intractable epilepsy
Legislation: SF 2360 (2014)
Reimbursement: no precedent has been set for reimbursement
Kansas
Recreational: not legal
Medical: not legal
Reimbursement: no precedent has been set for reimbursement
Kentucky
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
Only “cannabidiol”
Intractable seizures
Legislation: SB 124 (2014)
Reimbursement: no precedent has been set for reimbursement
Louisiana
Recreational: not legal
Medical: legal, but very limited
Conditions: Glaucoma, cancer, spastic quadriplegia
Legislation: SB 143 (2015)
Reimbursement: no precedent has been set for reimbursement
Maine
Recreational: legal
Medical: legal
Conditions: Debilitating and chronic medical conditions, including cancer, glaucoma, HIV, AIDS, Hepatitis C, Crohn’s disease, chronic disease or treatment that produces intractable pain. (View full list here.)
Legislation: Question 2 (1999), LD 611 (2002), Question 5 and LD975, IB 2 (2009), LD 1811 (2010), LD 1296 (2011), Maine Medical Use of Marijuana Program Rule 10-144 (effective Feb, 2018)
Reimbursement: some precedent has been set for reimbursement
Bourgoin v. Twin Rivers: Company required to reimburse for medical marijuana because it was “reasonable and necessary”
Noll v. Lepage Bakeries, Inc.: Self-insured employer had to reimburse for “reasonable and proper” use of medical marijuana by employee
Marshall Islands
Maryland
Massachusetts
Recreational: legal
Medical: legal
Conditions: debilitating medical conditions – ex: cancer, glaucoma, HIV, ADIS, ALS (view full list here)
Legislation: Question 3 (2012), Medical Marijuana Program (2013)
Reimbursement: some precedent has been set for reimbursement
Barbuto v. Advantage Sales and Marketing, LLC (2017): Court denied Advantage’s defense that marijuana is federally illegal. Instead, Barbuto was protected under the Americans with Disabilities Act.
Wright's Case: Workers' comp insurer not required to reimburse
Michigan
Recreational: legal
Legislation: approved by voters in 2018 midterm elections
Medical: legal
Conditions: debilitating medical condition – ex: cancer, HIV, AIDS, glaucoma, ALS, Crohn’s disease (View legislation below for full list.)
Reimbursement: insurers are not required to reimburse for medical marijuana use
Minnesota
Recreational: not legal
Medical: legal
Any form except smoked (ex: liquid, pill, vaporized)
Conditions: Cancer, severe or chronic pain, nausea, cachexia, glaucoma, HIV, AIDS, Tourette’s , ALS, Crohn’s (View legislation below for full list.)
Legislation: SF 2471, Chapter 311 (2014)
Reimbursement: Legislation – reimbursement covered under state’s workers’ compensation laws
Mississippi
Recreational: not legal
Medical:Not legal
In May 2021, Mississippi Supreme Court overturned ballot initiative 65 (approved by voters in 2020).
Reimbursement: no precedent has been set for reimbursement
Missouri
Recreational: not legal
Medical: legal
Legislation: approved by voters in 2018 midterm elections
Reimbursement: no precedent has been set for reimbursement
Montana
Recreational: legal
Next Steps: rulemaking will need to be completed to implement program
Other: Constitutional Initiative 118
Allows legislature to establish legal age for marijuana other than 18 years of age
Next steps: legislature will need to act to establish the legal age for use of recreational marijuana
Medical: legal
Conditions: cancer, glaucoma, HIV, AIDS, severe and chronic pain, intractable nausea, intractable seizure disorders (see SB 423 for full list)
Legislation: Initiative 148 (2004), SB 423 (2011), Initiative 182 (2016)
Reimbursement: insurers are not required to reimburse for medical marijuana
Nebraska
Recreational: Not legal
Medical: Not legal
Reimbursement: No precedent
Nevada
Recreational: legal
Medical: legal
Conditions: “Chronic or debilitating medical condition” – ex: cancer, glaucoma, AIDS, severe and persistent nausea, epilepsy, MS, severe pain
Legislation: Question 9 (2000), NRS 453A, NAC 453A
Reimbursement: no precedent has been set for reimbursement
New Hampshire
Recreational: not legal
Medical: legal
Conditions: chronic or terminal disease, cachexia, severe pain that has not responded to other medicines for over 3 months, severe nausea, severe vomiting, seizures, sever muscle spasms
Legislation: HB 573 (2013)
Reimbursement: can be required (Appeal of Andew Panaggio)
New Jersey
Recreational: legal
Next steps: legislature will need to craft laws and authorize rulemaking authority to implement program
Medical: legal
Legislation: SB 119 (2009), Program Information
Reimbursement: some precedent has been set for reimbursement
Watson v. 84 Lumber: Insurance company required to reimburse
Employers can be ordered by a workers' comp court to reimburse (Hager v. M&K Construction)
Legislation: reimbursement covered under state’s workers’ compensation laws
New Mexico
Recreational: legal (passed 2021)
HB2
Medical: legal
Conditions: chronic or debilitating disease that produces severe pain or muscle spasms, or a condition that “the department designates by rule as an eligible medical condition”
Legislation: SB 523 (2007), Medical Cannabis Program
Reimbursement: some precedent has been set for reimbursement
Vialpando v. Ben’s Automotive Services and Redwood Fire & Casualty: Insurers must reimburse “qualified” workers’ compensation claimants
Legislation: reimbursement covered under state’s workers’ compensation laws
Legislation: state has a rule and fee schedule for reimbursement of medical marijuana (2016) View here.
State has maximum reimbursement amount – 230 units per calendar quarter (1 unit = around 200 mg THC) and maximum dollar amount is $12.02 per unit
New York
Recreational: legal (passed 2021)
S854
Medical: legal
Conditions: “serious condition”, including cancer, HIV, AIDS, ALS, Parkinson’s, MS, epilepsy (view legislation below for full list)
Legislation: A06357 (2014)
Reimbursement: Some precedent has been set for reimbursement
Quigley v Village of East Aurora
WC insurer must reimburse for medical marijuana
North Carolina
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
“Hemp extracts” – THC levels must be below 0.9% by weight and CBD levels must be above 5% by weight
Conditions: Intractable epilepsy
Legislation: HB 1220 (2014), HB 766 (2015)
Reimbursement: no precedent has been set for reimbursement
North Dakota
Recreational: not legal, voters turned down ballot initiative to legalize during 2018 midterm elections
Medical: legal
Conditions: debilitating medical conditions such as cancer, HIV, AIDS, Hepatitis C, ALS, PTSD, Crohn’s, epilepsy, etc.
Legislation: Measure 5 (2016)
Reimbursement: legislation states that medical marijuana is NOT reimbursable
Northern Mariana Islands
Ohio
Recreational: not legal
Medical: legal
THC levels below 3%, Cannabidiol no more than 32 oz and free from plant material
Conditions: AIDS, Alzheimer’s, ALS, Cancer, Crohn’s, epilepsy, glaucoma, Hepatitis C, MS, chronic and severe pain (view legislation below for full list)
Legislation: HB 523 (2016)
Reimbursement: marijuana is not on the list of approved drugs for reimbursement
Oklahoma
Recreational: not legal
Medical: legal
THC must be less than 0.3% in liquid form
Conditions: Minors with Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe epilepsy that is not adequately treatable by traditional medical therapies
Legislation: HB 2154 (2015), SQ 788 (approved June 2018)
Upcoming legislation SQ 788 (2015)
Reimbursement: no precedent has been set for reimbursement
Oregon
Recreational: legal
Medical: legal
Legislation: Oregon Medical Marijuana Act (1998), SB 161 (2007)
Reimbursement: insurers are not required to reimburse for medical marijuana
Palau
Pennsylvania
Recreational: not legal
Medical: legal
Conditions: “serious medical condition”, including cancer, HIV, AIDS, ALS, Parkinson’s, MS, epilepsy, severe, chronic or intractable pain (see legislation below for full list)
Legislation: SB 3 (2016)
Reimbursement: no precedent has been set for reimbursement
Puerto Rico
Rhode Island
Recreational: not legal
Medical: legal
Conditions: “debilitating medical condition”, including cancer, glaucoma, HIV, AIDS, Hepatitis C, severe or chronic pain, seizures (see legislation below for full list)
Legislation: SB 791 (2007), SB 185 (2009)
Reimbursement: no precedent has been set for reimbursement
South Carolina
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
THC levels must be below 0.9% and CBD levels over 15%
Conditions: Lennox-Gastaut Syndrome, Dravet Syndrome, or other refractory epilepsy that is not adequately treatable by traditional medical therapies
Legislation: SB 1035 (2014)
Reimbursement: no precedent has been set for reimbursement
South Dakota
Recreational: legal
Next steps: amendment requires rulemaking and legislation to establish guidelines and taxing authority
Medical: legal
Ballot measure passed in 2020 general election.
Next steps: likely legislative action or litigation to clarify ambiguous areas of ballot measure
Reimbursement: no precedent has been set for reimbursement
Tennessee
Texas
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
“Low-THC cannabis” – THC levels must be below 0.5% and CBD levels above 10% by weight
Intractable epilepsy
Legislation: SB 339 (2015)
Reimbursement: no precedent has been set for reimbursement
Utah
Recreational: not legal
Medical: legal
Legislation: approved by voters in 2018 midterm elections, legislature will review and update ballot initiative in late 2018
Reimbursement: no precedent has been set for reimbursement
Vermont
Virgin Islands
Virginia
Washington
Recreational: legal
Medical: legal
Conditions: “terminal or debilitating medical condition”, including cancer, HIV, MS, epilepsy, spasticity disorders, intractable pain, glaucoma, Crohn’s disease, Hepatitis C (view legislation below for full list)
Legislation: Initiative 692 (1998), SB 5798 (2010), SB 5073 (2011)
Reimbursement: no precedent has been set for reimbursement
West Virginia
Recreational: not legal
Medical: legal
No whole flower and product cannot be smoked
Legislation: SB 386 (2017)
Reimbursement: no precedent has been set for reimbursement
Wisconsin
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
THC prohibited by law, CBD without ‘psychoactive effect’ is allowed, THC and CBD levels are not definedM
Seizure disorders
Legislation: AB 726 (2013 Act 267)
Reimbursement: no precedent has been set for reimbursement
Wyoming
Recreational: not legal
Medical: limited-purpose medical marijuana is legal
“Hemp extracts” – THC levels must be below 0.3% by weight and CBD levels must be above 5% by weight
Conditions: Intractable epilepsy or seizure disorders
Legislation: HB 32 (2015)
Reimbursement: no precedent has been set for reimbursement