The vast majority of the 38 comprehensive medical cannabis laws allow patients to administer medical cannabis through whatever method works best for them — be it whole-plant (flower), smoking or vaporization, tinctures, ointments, oils, or edibles.
Unfortunately, some laws prohibit patients from using the mode of administration that may be the most effective and affordable for them. Two laws only allow extracts — not whole-plant cannabis — which are more costly.[1] Six states forbid smoking medical cannabis [2] — even while tobacco smoking is legal nationwide, and cannabis is not linked to lung cancer. And three states prohibit manufactured edibles [3], which can be important for steady relief for chronic conditions.
MPP recommends allowing patients, in consultation with trained dispensary staff, to decide for themselves which mode of administration is most appropriate for them. States should enact rules to prevent packaging and products designed to minors, such as products shaped like animals or packaging with cartoons.
Here is an overview of medical cannabis states’ policies permissible on modes of administration.
State
Limit on Modes of Administration?
Notes
Alabama
Raw plant, smoking, vaporization, candies, and baked goods are not allowed.
Pills, gelatin cubes, lozenges, oils, suppositories, nebulizers, and patches are allowed. Regulators will develop a single, uniform flavor for lozenges.
Alaska
None known
Arizona
None known
In 2019, the Arizona Supreme Court ruled that extracts — and edibles made from them — are allowed. (Arizona v. Jones)
Arkansas
None known
California
None known
Colorado
None known
Connecticut
None known
Delaware
None known
Florida
None known
The legislature banned flower and smoking, which were allowed in the voter-enacted amendment. After a lawsuit, the legislature reversed itself.
Hawaii
None known
Edibles were not allowed until a 2020 change in the law.
Illinois
None known
Kentucky
Smoking is not allowed
Cannabis for vaporization can only be sold to patients who are 21
Louisiana
Smoking and flower is prohibited, as is any other inhalation other than metered-dose inhalation.
Initially, no inhalation was allowed. In 2019, the state allowed metered-dose inhalation (but not smoking). In May 2021, the Louisiana Legislature approved allowing raw cannabis/smoking. The bill now heads to Gov. Edwards’ desk.
Maine
None known
Massachusetts
None known
Maryland
None known
Michigan
None known
A court ruled that extracts and edibles made from them were not allowed under Michigan’s original law, but the legislature approved allowing and regulating them in fall 2016.
Minnesota
Lozenges and gums are allowed, but most forms of edibles are not.
The law initially only allowed administration via liquids, oils, and pills. Raw plant cannabis, including smoking, was allowed legislatively in May 2021. The health commissioner may allow more types of administration.
Mississippi
Cannabis flower cannot exceed 30% THC. Tinctures, oils, and concentrates may not exceed 60%.
Missouri
None known
Montana
None known
Nevada
None known
New Hampshire
None known
New Jersey
None known
Edibles for adults were not initially allowed, but legislation that passed in July 2019 will allow them.
New Mexico
None known
New York
Medical marijuana may not be smoked. Any form not expressly approved by the health commissioner is prohibited.
In 2017, the health department approved adding these types of cannabis preparations: lotions, ointments, patches, chewable tablets, lozenges, and ground, whole-plant cannabis. (All whole-plant was previously prohibited.)
North Dakota
Edibles and concentrates are not permitted.
Whole-plant cannabis (flower) is permitted, but doctors must specifically certify patients to use this form of cannabis.
Ohio
Smoking is prohibited. Vaporization is allowed.
Raw cannabis and extracts are capped at 35% and 70% THC respectively under the law.
Oklahoma
None known
Oregon
None known
Pennsylvania
Smoking is prohibited, as are commercially manufactured edibles.
Whole-plant cannabis (flower) was initially prohibited, but the Department of Health issued recommendations to allow it following a report from an advisory board.
Rhode Island
None known
South Dakota
None known
Utah
Smoking is prohibited. Edibles are permitted if they are gelatinous cubes or lozenges.
Patients are only allowed to obtain and possess marijuana products in the following form: flower (in child-resistant containers), tablets, capsules, concentrated oil, liquid suspension, resin or wax, topicals, transdermal patches, sublingual preparations, and lozenges/gummies (but must be in a cube or rectangular shape).
Vermont
None known
Virginia
None known
Washington
None known
Washington, D.C.
None known
West Virginia
Smoking is prohibited. Dispensaries cannot sell edibles, but medical cannabis products can be mixed into food or drinks by patients themselves.
Initially, raw flower was not allowed, but the legislature expanded the law. The only types of medical cannabis allowed are pills, oils, gels, creams, ointments, tinctures, liquids, and forms for administration through vaporization.
[1] The states that only allow extracts are Alabama and Louisiana. Prices are incredibly high in Louisiana and Minnesota, while sales have not yet begun in Alabama. Minnesota, New York, Pennsylvania, Virginia, and West Virginia initially limited their programs to extracts but expanded the modes of administration. [2] The states that forbid smoking are Alabama, Kentucky, Louisiana, Minnesota, New York, Ohio, Pennsylvania, Utah, and West Virginia. While Virginia does not explicitly prohibit smoking, it does not allow flower. [3] Those states are: North Dakota, Pennsylvania, and West Virginia.