A significant number of states recognize the medical value of marijuana — or one or more cannabinoids’ medical value — but do not meet MPP’s definition of a “medical marijuana state.” Generally, those laws only include strains of marijuana that include very little or no THC, and often they fail to provide an in-state way to access those medical cannabis preparations.
MPP defines a state as having a workable medical marijuana law if the state has enacted a law that meets the following three criteria:
1) qualifying patients are allowed to possess and use cannabis without breaking state law;
2) there is some realistic means for patients to access cannabis in-state that does not rely on federal cooperation (typically through private, state-regulated dispensaries and/or home cultivation); and
3) patients may use a variety of strains of marijuana, or extracts of marijuana, including both strains with higher and lower amounts of THC.
MPP defines a state as having a “decriminalization” law if the state has enacted a law that imposes penalties other than jail time for possession of marijuana, at a minimum, for a first offense.
Some of the states MPP considers “decriminalization” states continue to classify marijuana possession as a crime, but they punish possession with penalties other than jail. In addition, a state may impose jail for subsequent offenses and still be counted as a “decriminalization” state by MPP. MPP’s model decriminalization bill imposes a civil fine for possession (or, at the discretion of the individual, community service), with drug education and community service for minors.
Legalization and Regulation Laws