The map failed to load. Please make sure JavaScript is enabled in your browser.

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

Recreational: legal

Medical: legal

Conditions: Debilitating medical conditions

Legislation: Measure 8 (1998), SB 94 (1999), Statute Title 17, Chapter 37

Reimbursement: no precedent has been set

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)

Voted in by Florida in 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

Recreational: not legal

Medical: legal

Conditions: “chronic or debilitating disease or medical condition”

Legislation: HB 702 (2003), SB 308 (2011), HB 180/SB 580 (2013), HB 1101 – Chapter 403 (2013), SB 923 (2014)

Reimbursement: no precedent has been set for reimbursement

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

Initiative 190

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

Public Question #1

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

Constitutional Amendment A

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

Recreational: not legal

Medical: limited-purpose medical marijuana is legal for clinical research study

“Cannabis Oil” – THC levels must be below 0.9%

Intractable seizures

Legislation: SB 2531 (2014), HB 197 (2015)

Reimbursement: no precedent has been set for reimbursement

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

Recreational: legal

Medical: legal

Conditions: “debilitating medical condition”, including cancer, MS, HIV, AIDS, severe pain, seizures (view legislation below for full list)

Legislation: SB 76 (2004), SB 7 (2007), SB 17 (2011)

Reimbursement: insurers are not required to reimburse for medical marijuana

Virgin Islands

Virginia

Recreational: Legal July 1, 2021 (SB 1406)

Medical: Legal

Cannabis oils – THC levels must be below 5% and CBD or THC-A levels must be above 15%

Intractable epilepsy

Legislation: HB 1445 (2015)

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