New Jersey recently became the 14th state to approve an effective medical marijuana law. There are actually 31 states plus the District of Columbia that have medical marijuana laws recognizing the medical benefits but most are not generally recognized because they rely on the national government to provide or authorize a legal supply of marijuana. Some advocacy groups recognize Maryland as a 15th state because they have what the Marijuana Policy Project calls a “working law” which lets patients obtain a recommendation from a doctor but only protects patients from jail time and not fines.

Many peoples knowledge of medical marijuana laws are incorrectly based on California’s law which have the most lenient patient requirements and access in the country. Those suffering from conditions or symptoms such as depression, anxiety, insomnia or migraines would not be allowed access in other medical marijuana states despite marijuana’s value in treating those conditions. Only 3 states, other than California, allow the setup of dispensaries to distribute marijuana to patients.

The infographic below was designed to show the differences in laws for the 15 states with effective or working medical marijuana laws. The information outlined was collected to show patient requirements and coverage as well as safe access to obtaining and using the marijuana. More information on each specific value is included below.

[CLICK TO ENLARGE]

Year Established

The year each states medical marijuana law was put into effect. New Jersey’s law will go into effect later this year.

Limited to Chronic Diseases

Although most laws are aimed to only allow whats called “chronic or debilitating” illnesses, some states use the wording “other medical conditions” which leaves a window for doctors to decide if marijuana is an appropriate medication for any specific patient. Other states strictly require patients to have a chronic disease such as  cancer, AIDS or multiple sclerosis.

Bona Fide Patient-Doctor Relationship

Many states require that a doctor or physician recommending medical marijuana has an established relationship with the patient. This relationship sometimes requires a doctor to have treated the specific patient for a required amount of time prior to recommending medical marijuana. Some states, like California, allow any doctor to recommend medical marijuana regardless of their knowledge of the patients medical history which has led to a medical marijuana industry of doctors whose job is only to write medical marijuana recommendations.

Number of Patients Covered

Most states require patients to apply and register for a medical marijuana program in the state. For states that do not have a registry or have a voluntary registry, like California, these numbers are estimated by using information provided the Marijuana Policy Project.

Allows Dispensaries

No state currently allows medical pharmacies to distribute medical marijuana but some allow for non-profit dispensaries to be established to provide patients with safe access. Some states do not specifically address dispensaries or growing collectives (a group of patients sharing one common growing location) and defers patients to consult with local law enforcement agencies. Americans for Safe Access encourages patients in these states to instead pressure state agencies to specifically allow dispensaries so owners are not put at risk of arrest and imprisonment due to vagueness of the law.

Allows Cultivation

Almost all medical marijuana states allow patients or their care givers to legally grow their own supply of marijuana. Ironically the “Garden State” of New Jersey is the first of the 14 generally recognized states that does not allow patients to grow their own marijuana.

Protection From Arrest

The goal of each states medical marijuana law is to protect patients and doctors from state laws against possession or cultivation of marijuana. Some states do not specifically protect patients from being arrested by law enforcement and instead leave it up to the court system to decide if a patient or doctor was within their legal right to have medical marijuana.

Maximum Quantity

The maximum quantity of harvested and growing plants as defined in the state law. Some states, like California, have varying maximum quantities due to differences in county laws. Other states set a maximum number of “mature plants” each patient or caregiver can have. Patients and caregivers should always refer to their respective city and county laws before going by whats defined in the state law (or this infograph).

Lead Photo by: jimmy dm

The small ski town of Breckenridge, Colorado recently made national headlines after voters approved a measure to decriminalize marijuana use for adults. The vote will surely inspire other towns to try and make their own rules on marijuana until state and federal laws catch up to the will of voters. Its important to note that Breckenridge’s success may not of happened without the example Denver set for the state by passing a decriminalization measure 4 years earlier.  Want more sensible marijuana laws in your town? The following cities help draw a blueprint for marijuana activists at the local level.

Ann Arbor, Michigan

Almost 40 years ago, influenced by harsh state laws, Ann Arbor voters passed the Marijuana Ordinance of 1972 which made possession of less than 2 ounces a $5 ticket. It took only 5 months for a state judge to rule the ordinance unconstitutional which resulted in the city council repealing the ordinance. A year later the voters overruled the council’s decision by amending the city charter to declare that city police had to send all marijuana cases to the Ann Arbor city attorney; and the city attorney could not send the case to any other authority for prosecution. In doing so, the provision effectively denied state courts the opportunity to declare the measure unconstitutional, which had occurred in 1972. The same day, the neighboring city of Ypsilanti adopted a similar measure. In 2000, Ann Arbor passed an ordinance allowing the cultivation and use of medical marijuana which paved the way for Michigan’s first statewide medical marijuana law in 2008.

Berkeley, California

In 1973, Berkeley passed The Marijuana Ordinance I, which forbid law enforcement from arresting persons for cannabis related crimes unless cleared by the City Council. Like happened in Ann Arbor, A California Superior Court Judge struck the ordinance down because it violated city code that states the City Manager has discretion over police personnel. In 1979, Berkeley passed The Marijuana Ordinance II, which made the enforcement of cannabis laws–including cultivation, sale, and transport—-the lowest priority for law enforcement, banned the expenditure of funds for enforcement of cannabis statutes, allowed residents to grow cannabis and report any theft of cannabis plants to law enforcement, and even directed the City Council to lobby in favor of the decriminalization and legalization of cannabis.

Madison, Wisconsin

Since 1971, Madison has been home of the Great Midwest Marijuana Harvest Festival. In 1977, Madison voters passed ordinance 23.20, which made possession of about an ounce legal when used for “personal use in a private place”. In 2007, The Dane County district attorney announced that his office would no longer file any charges against anyone in the county caught with less than once ounce or paraphernalia. Although the announcement cited lack of resources for the decision, it’s also likely due to the fact that roughly half the county’s population lives in Madison.

Seattle, Washington

Initiative 75 (I-75) was passed by Seattle voters in 2003 which not only made marijuana the cities lowest law enforcement priority but also setup a review board to see how things worked out afterwards. About 4 years later, in 2008, the board released their final review which said that marijuana use, crime and public health risks had not risen. The report also noted there was a decrease in “adults experiencing the consequences of involvement in the criminal justice system” and a slight increase in public safety officers availability for other priorities. Imagine that.

Columbia, Missouri

Columbia is home to the University of Missouri and many local colleges. Over 1/2 the population posses a bachelor’s degree and over 1/4 hold graduate degrees, making it one of the most educated cities in the United States. In 2004 Columbia voters widely approved two initiatives. The first allowed patients to be prescribed medical marijuana by a doctor and the second made marijuana the lowest priority for police and set a max fine at $250 with no possibility of arrest or incarceration for less than 1.2 ounces. Shortly after the approval, the Columbia city council changed the law without voters consent to only apply to first time offenders. In 2009, the tiny Missouri towns of Cliff Village and Cottleville used Columbia as an example to pass their own medical marijuana laws.

Carbondale, Illinois

Carbondale is home to Southern Illinois University and in 2004, approved the small ordinance which allows the city to fine offenders possessing less than 10 grams of marijuana or paraphernalia rather than sending the case to the State’s Attorney’s Office or the county court system. While the 10 gram limit seems low to many marijuana consumers, Carbondale has at least taken steps to protect people from criminal records and incarceration.

Denver, Colorado

In 2005, Denver voters passed the The Alcohol-Marijuana Equalization Initiative which made Denver the first U.S city to actually legalize marijuana and treat it just like alcohol. Under the initiative, an adult can legally possess up to 1 ounce, but marijuana use in public, by people under 21, or while driving all remain illegal, just like alcohol. Similar to Breckenridge, Denver’s initiative is hailed as a symbolic measure due to the possibility of being prosecuted under state and federal laws.

Lawrence, Kansas

The college town of Lawrence became an unfortunate example of how many politicians are only interested in decriminalization if it means more revenue. In 2006, The Lawrence City Commission narrowly voted to have first-time marijuana possession cases tried in municipal court instead of state court.  The ordinance was aimed to protect University of Kansas students from loosing federal financial aid due to a state or federal marijuana possession charge. But city commissioners also narrowly voted to impose a $200 minimum fine and a mandatory $100 “evaluation” fee for marijuana possession, meaning Lawrence marijuana consumers would now face a much higher fine than county or state courts typically give.

Eureka Springs, Arkansas

In 2006, the small town of Eureka Springs voted to make marijuana the lowest law enforcement priority and reduce the punishment for small amounts to a fine and/or community service. With a population of less than 3,000, Eureka Spring’s mild decriminalization law is only a small step for the state which boasts fairly tough state laws against marijuana consumers. Eureka Spring’s small success probably would not of happened without the support of nearby University of Arkansas NORML, who abandoned a similar effort in Fayetteville (where the University is located) because of weak support. They choose to instead focus on Eureka Springs, where they only needed to gather 144 signatures (15% of those voting in the last mayoral election) to send the measure to public vote.

Lead photo by: FoxTongue

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The father told officers his daughter had placed a lock on her closet to keep her younger siblings from borrowing her clothes. She was not home at the time and the case has been handed over to juvenile authorities.

Seems like a situation many parents face yet most choose to handle it within the family. What do you think? Let us know what you would do in the comments.

Photo by: Troy Police Dept.

Ronald Higgerson is a mayoral write-in candidate for Flint, Michigan. He has little chance of winning the election in August, but is still stirring up attention with his bold vision of creating a medical marijuana industry to replace the failing auto industry that has left Flint with one of the worst unemployment rates in the U.S.

Higgerson believes that Flint could be hub of medical marijuana for the state and maybe one day the country. Something that would send hundreds or possibly thousands of unemployed residents back to work. His solution includes utilizing vacant buildings and factories for community grow sites and turning the abandoned high school into a cannabis research institute. Higgerson also believes coordination with state universities is important to help research which could make Michigan a manufacturing and research leader for a future medical marijuana industry.

Michigan voters overwhelmingly approved the states medical marijuana law in 2008 which protects patients and caregivers under state laws. A major road block is that the law does not give patients a legal route to obtain the marijuana by either growing it or establishing legal places to purchase it; a common problem with many medical marijuana laws around the country. Higgerson says that local ordinances should first be changed and then state laws. “What the state politicians do not like is when the local people understand all they have to do is vote. If we change local and state law. The feds will come around.” Higgerson states on his website. A law to legalize marijuana at the federal level has already been introduced recently in the U.S congress.

It’s unclear if methods like these would benefit areas like Flint that are experiencing huge manufacturing declines. Similar ideas to help farmers by allowing legal industrial hemp have been approved in 17 states, but building a legal industry around the production of medical marijuana has yet to happen even in states like California where most production is still underground. Many residents feel a local medical marijuana industry will attract more crime and negative stereotypes, making changes like those proposed in Flint a hard sell to many voters.

Do you think plans like these should be tried in areas like Flint? Let me know in the comments. Subscribe to Spark Report via email subscription or RSS Feed. You can also find SR on Twitter and Facebook and coming soon to the all new StonerNation.com.

Lead photo by: mmeiser2

President Obama angered many marijuana supporters when he laughed off questions about marijuana legalization in an online town hall saying “the answer is, no, I don’t think that is a good strategy — (laughter) — to grow our economy”. Many took Obama’s answer as a rude side step of an important issue, and are upset that while the President stated that he does not believe legalization is a good economic strategy, he ignored the fact that marijuana legalization is about more than tax revenue for the government.

Polling data shows that the support for marijuana legalization has increased since 1989, however there is no correlation between support of marijuana legalization to the status of the economy. So if generating billions of dollars for the government is not the only motivating factor in marijuana legalization, what else is causing this increase?

1. Failed Drug Policy & Criminal System

An estimated 900,000 people will be arrested for marijuana this year alone. The prison population in the U.S is six to ten times as high as most Western European nations leading to overcrowding in many jails and prisons around the country. Overcrowded prisons then turn into more serious safety and health issues for both staff and inmates. Additional problems arise because marijuana is classified as a schedule 1 drug along with cocaine and heroin, which means in some places, a person arrested for simple marijuana possession is incarcerated along side dangerous inmates facing more serious violent charges.

Marijuana raids have resulted in an unarmed people being shot, family pets killed in front of their owners, and police busting wrong houses. State agencies frequently declare children of marijuana smokers to be “in danger”, sometimes resulting in the children being placed into foster homes. Examples like these have lead many to believe the United States drug policy is ruining more lives than it is helping.  The fact that the U.S leads the world in illegal drug use is evidence that the “war on drugs” has failed and many people are looking for a new approach to what Secretary of State Hillary Clinton calls Americans “insatiable demand for illegal drugs“.

2. Mexican Drug Cartels

Roughly 7000 people have been killed by drug cartel violence in Mexico since January of 2008.  Jorge Ramos, mayor of Tijuana, Mexico, says his city is in a “real war” with the cartels. Marijuana makes up about 70% of the black market drug trade that funds these cartels, leading many to believe legalizing marijuana will put these cartels out of business.

U.S citizens should be alarmed that there is evidence that the violence in Mexico is spilling across the border. A survey of police and FBI offices suggested that Mexican cartels have drug distribution networks in 230 American cities – and that related killings and kidnappings in cities like Phoenix and Atlanta have increased. The thousands of people directly effected by these deadly drug cartels were most likely hoping for a more serious response from Obama on the issue.

3. Medical Marijuana

The low price of medical marijuana compared to prescription medicine is hardly “non-economic”; however, the symptom relief that patients receive from medical marijuana is far from an economic issue. Therapeutic use of marijuana dates back over 4,500 years. There are currently 13 states that allow medical marijuana and many more states with medical marijuana bills in various stages.

U.S Attorney General Eric Holder recently outlined the Obama Administration’s vow to end federal raids on medical marijuana establishments operating legally under state law. The governments classification of marijuana as a schedule 1 means that it currently has “no accepted medical use in treatment”, yet the government has supplied some patients with 10-12 FDA approved marijuana joints a day for over 22 years. The Obama administration has yet to clear up the mixed signals about the future of the federal government involvement in medical marijuana. Many patients and activists fear these mixed signals could be confusing to potential voters in the many states that will voting on the issue in the coming years.

4. Industrial Hemp

A 1938 Popular Mechanics article noted that hemp could be used to make more than 25,000 different products and was hailed as a billion dollar crop at the time. Hemp is a close cousin to the marijuana plant, although it does not contain enough THC to even give someone a buzz, let alone get someone high. It is often said that hemp was the real target of marijuana prohibition fueled by various industries that felt threatened by the easy to grow and hard to patent plant.

The United States is the only industrialized country to not grow hemp domestically. In fact, the DEA has admitted 98% of all domestically eradicated “marijuana” is actually “ditchweed” hemp which grows in the wild and has no recreational or medical use. Every American, no matter their views on marijuana, should expect the President to address why the government goes as far as spending tax payer money to eradicate such an obviously useful plant.

5. Accessible Knowledge

Sure, the Internet has been around a long time, but the way we use the internet changes every year. Right now, the web industry is filled with companies who’s sole purpose is to spread information. While web savvy users are probably tired of the term “web 2.0″, many mainstream users are just now discovering sites like Digg, Facebook and Twitter, which all allow people to share information more easily.

With issues like marijuana, where information has been skewed in society for such a long time, the internet has allowed more people to discover the facts for themselves. Before the internet, most news and information came from biased news media, often influenced by politicians, and spread by faulty word of mouth. The “reefer madness” type of propaganda that worked in the past, has little effect on most people today. This is leading to an increase in marijuana legalization support even among non-users.