Maryland Legalizes Medical Marijuana, Other States Studying Issue

Author: David B. Weisenfeld, XpertHR Legal Editor

April 21, 2014

Maryland has become the 21st state to legalize medical marijuana with a bill signed by Gov. Martin O'Malley on April 14. Effective June 1, the new law allows individuals with certain qualifying illnesses or conditions to use marijuana for medicinal purposes if their doctor recommends it.

The state had adopted a system in 2013 that restricted marijuana programs to academic medical centers. But when none of the state's medical centers agreed to participate, it effectively prevented patients from getting access to the drug.

Also this month, Governor O'Malley signed a measure that decriminalizes small amounts of marijuana possession. Effective October 1, Maryland residents will not face criminal charges if they are caught in possession of up to 10 grams (about one-third of an ounce) of marijuana. Instead, they will face a civil offense not unlike a traffic violation.

In a recent poll, 49 percent of Maryland residents surveyed supported legalization of small amounts of marijuana with 43 percent opposed. The remainder of those polled voiced no opinion.

Only two states, Colorado and Washington, have legalized the recreational use of marijuana for individuals 21 and older, with both doing so through 2012 ballot measures. However, Alaska has a ballot initiative scheduled for an August 19 vote that could legalize the drug there. With popular opinion shifting, other western states are weighing similar measures. These include California, Oregon and Arizona.

Also later this year, Florida residents will vote on whether to legalize medical marijuana. Should the measure pass, Florida would become the first southern state to legalize medical marijuana use.

However, even in states where marijuana use has been legalized - whether to treat medical conditions or otherwise - employers remain free to prohibit marijuana use in the workplace. Under federal law, marijuana use continues to be banned, including for medicinal purposes.