More than two-thirds of the states have embraced medical cannabis. So has the District of Columbia and several U.S. territories. Yet the regulations in each of these jurisdictions can be substantially different. What goes in California may not be applicable to Utah. What is legal in New York may be illegal in Florida.
So why do state medical cannabis regulations differ so much? Utahmarijuana.org’s operators say the answer is as simple as the conflict between federal and state laws. They say the states manage medical cannabis with the intent of avoiding federal intervention.
It’s Not Really Legal in the States
It is difficult for many people to accept, but the starting point for this discussion is the reality that medical cannabis is not legal in the states. Individual states do not have the constitutional authority to legalize something that is illegal under federal law. What the states have actually done is decriminalize medical cannabis.
Decriminalization essentially takes the teeth out of the law. Cannabis may still be illegal under the federal Controlled Substances Act (CSA) but states with medical cannabis programs have chosen not to enforce criminal penalties on growers, processors, retailers, and users.
However, this creates a problem. States cannot allow medical cannabis commerce beyond their borders without risking federal intervention. So they keep everything tightly restricted within their own markets. They do so with state regulations. And because lawmakers have different opinions and agendas, we wind up with different regulations from one state to the next.
How State Regulations Differ
If you ever want to know the details of how state regulations differ, be prepared to spend some time studying. Medical cannabis is a complex issue with a ton of moving parts. You could spend an awful lot of time looking into them.
Here is a general summary of the main differences between state medical cannabis regulations:
- Qualifying Conditions – The states have established qualifying conditions lists for medical cannabis. Only those conditions can be legally treated with cannabis. In Alabama, autism is on the list. It is not on the list in most other states.
- Possession Limits – Each state has established possession limits. Some states allow a maximum of 70 daily doses at a given time. Other states limit possession to know more than a patient needs to treat for 30 days.
- Delivery Methods – Nearly every state prohibits smoking medical cannabis for obvious reasons. They differ on other delivery methods including vapes, raw flower, edible products, and oils.
- Patient Registration – Medical cannabis patients in every state need to register prior to purchasing their medicines. Yet registration takes different forms. In addition, some states prefer electronic registration while others are more amenable to traditional processes.
- Product Potency – The states determine individually how much THC they will allow in medical cannabis products. Some states are more restrictive than others.
Regulatory differences continue across production, processing, and distribution. In whatever way medical cannabis is regulated, you will find differences from one state to the next. Will it ever change? That depends on Washington.
Rescheduling and Legalization
Washington has two choices when it comes to medical cannabis: rescheduling and full legalization. It would appear as though rescheduling will happen before the end of the year. But either way, any change in current federal law could also trigger changes at the state level. It all depends on the amount of control Washington wants to maintain over cannabis.
Medical cannabis regulations differ so much because of the conflicts between state and federal laws. It may seem cumbersome to some, but that is one of the strengths of our constitutional system.
