Original wikipedia article and references can be found here

 

Attempts to Decriminalize (1970s–2000s)

Medical use

cannabis fluid extract medicine bottle from 1906

In 1978, Robert Randall sued the federal government for arresting him for using cannabis to treat his glaucoma. The judge ruled Randall needed cannabis for medical purposes and required the Food and Drug Administration set up a program to grow cannabis on a farm at the University of Mississippi and to distribute 300 cannabis cigarettes a month to Randall. In 1992, George H. W. Bush discontinued the program after Randall tried to make AIDS patients eligible for the program. At the time, thirteen people were already enrolled and were allowed to continue receiving cannabis cigarettes; today the government still ships cannabis cigarettes to seven persons. Irvin Rosenfeld, who became eligible to receive cannabis from the program in 1982 to treat rare bone tumors, urged the George W. Bush administration to reopen the program; however, he was unsuccessful.^[34]

In 1996, California passed the Compassionate Use Act, which decriminalized medical cannabis by enacting laws that allow regulated cannabis consumption, possession, cultivation, and distribution for medicinal use; since then twelve states have enacted similar laws.^{[citation needed]} As a result of the court rulings of United States v. Oakland Cannabis Buyers' Cooperative and Gonzales v. Raich, and the classification of cannabis as a Schedule I drug, the Federal government does not permit cannabis to be used medically; the DEA has taken an active stance against medical cannabis and often raids cannabis dispensaries.^[35]

In 1972, 1995, and 2002, petitions for cannabis rescheduling in the United States were filed to remove cannabis from the "Schedule I" category of tightly-restricted drugs that have no medical use, as the Controlled Substance Act allows the executive branch to decriminalize medical and recreational use of cannabis without any action by Congress depending on the findings of the Secretary of the United States Department of Health and Human Services on certain scientific and medical issues specified by the Act.^[36]

Restrictions on medical use by state

Alaska

One ounce usable.^{[citation needed]} Alaska is the only state where possession of up to one ounce is legal.^[37]

California

8 ounces usable. A Physician's recommendation is required.^{[citation needed]} On November 5, 1996 56% of voters approved Proposition 215. The law removes state-level criminal penalties on the use, possession and cultivation of cannabis by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any illness where the medical use of cannabis has been "deemed appropriate and has been recommended by a physician" are provided with legal protection under this act. Conditions typically covered by the law include: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No regulations regarding the amount of cannabis patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.^[38] In practice, as certain doctors will prescribe cannabis for any condition, the drug is essentially decriminalized for those who can afford to obtain the paperwork.^[39]

Colorado

2 ounces usable. A Physician's recommendation is required.^{[citation needed]}

Hawaii

3 ounces usable.^{[citation needed]}

Maine

Amended to 2.5 ounces usable. No state-run registry. A physician's recommendation is required.^{[citation needed]}

Massachusetts

On November 4, 2008, Massachusetts became the first state to decriminalize marijuana possession passed by voter initiative.

Michigan

2.5 ounces usable. No state-run registry.^{[citation needed]} On November 4, 2008, voters of Michigan passed a ballot proposal which allows for patients with debilitating medical conditions to use the drug and for registered individuals to grow the marijuana in secured facilities. The measure also requires the state's health department to establish a registry of qualified patients and growers.^[40]

Montana

1 ounce usable.^{[citation needed]}

Nevada

1 ounce usable. A Physician's recommendation is required.^{[citation needed]} On November 7, 2000 65% of voters approved Question 9. The law, which removes state-level criminal penalties on the use, possession and cultivation of cannabis by patients who have "written documentation" from a licensed physician, took effect on October 1, 2001. Patients diagnosed with the following illnesses can obtain a medical card: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Other conditions are subject to approval by the health division of the state Department of Human Resources. Once a medical cannabis card is obtained patients may legally possess no more than one ounce of usable cannabis, and may grow no more than seven cannabis plants. The law establishes a state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of cannabis than allowed by law are subject to arrest on cannabis charges.^[38]

New Mexico

6 ounces usable.^{[citation needed]} Governor Bill Richardson signed Senate Bill 523, "Lynn and Erin Compassionate Use Act," into law on April 2, 2007. The new law took effect on July 1, 2007. The law mandates the state Department of Health by October 1, 2007, to promulgate rules governing the use and distribution of medical cannabis to state-authorized patients. These rules shall address the creation of state-licensed "cannabis production facilities," the development of a confidential patient registry and a state-authorized cannabis distribution system, and "define the amount of cannabis that is necessary to constitute an adequate supply" for qualified patients.^[41]

Oregon

24 ounces usable.^{[citation needed]} On November 3, 1998 55% of voters approved Measure 67. The law, which took effect on December 3, 1998, removes state-level criminal penalties on the use, possession and cultivation of cannabis. Patients are required to possess a signed recommendation from their physician stating that cannabis may help alleviate his or her symptoms. Patients diagnosed with the following illnesses are given legal protection under this act: cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources. Patients may legally possess no more than three ounces of cannabis, and may grow no more than seven cannabis plants. The law establishes a state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of cannabis than allowed by law may be subject to arrest on cannabis charges.^[38]

Rhode Island

2.5 ounces usable.^{[citation needed]}

Vermont

2 ounces usable.^{[citation needed]}

Washington

24 ounces usable. No state-run registry.^{[citation needed]} On November 3, 1998 59% of voters approved Measure 692. The law removes state-level criminal penalties on the use, possession and cultivation of cannabis. Valid documentation from a physician affirming that the patient suffers from a medical condition and that the "potential benefits of the medical use of cannabis would likely outweigh the health risks" is required. Patients diagnosed with the following illnesses are given legal protection under this act: cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; and multiple sclerosis. Other conditions are subject to approval by the Washington Board of Health. Patients may legally possess or grow no more than a 60-day supply of cannabis.^[38]

Some states include legal use of simple and affirmative defense in the cases of non-complying patients.^{[citation needed]}

Arizona and Maryland both enacted laws that do not legalize medical marijuana, but are favorable to doctors prescribing it and its use as defense in court, respectively.^{[citation needed]}

The state laws, as mentioned above, do not cancel federal laws that criminalize use of cannabis, so federal prosecution is still possible.

Non-medical use

United States non-medical marijuana decriminalization laws. State-level but not federal decriminalization of non-medical marijuana No federal or state level decriminalization of non-medical marijuana

After the 1960s, a time characterized by widespread use of cannabis as a recreational drug,^[2] a wave of legislation in America sought to reduce the penalties for the simple possession of cannabis, making it punishable by confiscation and/or a fine rather than imprisonment. Some of the first examples of decriminalization in drug policy were found in Alabama, when state judges decided to no longer impose five year mandatory minimum sentences for small possession (one cannabis cigarette); Missouri, when their legislature reformed statutes that made second possession offenses no longer punishable by life in prison; and in Georgia, when that state revised second sale offenses

In 1970, the United States Congress repealed mandatory penalties for cannabis offenses and The Comprehensive Drug Abuse Prevention and Control Act separated cannabis from other illicit narcotics and removed mandatory sentences for possession of small amounts of cannabis.^[2]

In 1972 President Richard Nixon commissioned a comprehensive study from the National Commission on Marijuana and Drug Abuse. The Commission found that the constitutionality of cannabis prohibition was suspect, and that the executive and legislative branches had a responsibility to obey the Constitution, even in the absence of a court ruling to do so. The Richard Nixon administration did not implement the study's recommendations.(View Report)

In 1973 Oregon decriminalized cannabis^[42] and Colorado, Alaska, Ohio, and California followed suit in 1975. By 1978, Mississippi, North Carolina^[43], New York, and Nebraska had some form of cannabis decriminalization.^{[citation needed]} In 2001, Nevada reduced cannabis possession from a felony offense to a misdemeanor, but only for adults age 21 and older, with other restrictions.^[44]

Starting in the 1970s, multiple states, counties, and cities decriminalized cannabis for non-medical purposes. While many states, counties, and cities have partially decriminalized cannabis, on November 3, 2004, Oakland passed Proposition Z, and became the first place to fully decriminalize cannabis to allow the licensing, taxing, and regulation of cannabis sales if California law is amended to allow so. (see Places that have decriminalized cannabis in the United States for further information).

A recent vote of 54% to 46% in Denver has voted to legalize the possession of up to an ounce of cannabis, although this does not overrule federal laws and one may still be arrested for it, and it only applies to people age 21 and older.