Medical Use of Marijuana.  State law allows persons over 21 years of age to possess and purchase limited quantities of marijuana products and plants from a licensed retailer for recreational use.  Specific types of healthcare professionals may authorize a qualifying patient's medical use of marijuana, which increases the patient's possession limit, permits home cultivation of marijuana plants, and provides certain legal protections not afforded to recreational users. 

An authorization is a form developed by the Department of Health, completed and signed by a health care professional, and printed on tamper-resistant paper.

Medical Marijuana Authorization Database.  In 2015, the Department of Health developed and implemented the Medical Marijuana Authorization database (database).  Information about a qualifying patient or their provider may be placed in the database at a marijuana retailer with a medical marijuana endorsement.  If information is placed in the database, the patient or provider must be provided a recognition card that contains certain identifiers, including a randomly generated and unique identifying number, a photograph, an effective date, and an expiration date.

A qualifying patient or designated provider who is entered into the database and has a recognition card may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for certain violations of state law relating to use and possession of marijuana.  To receive these protections, the qualifying patient or designated provider must:

• possess no more than the authorized amount of marijuana products and plants;
• present the recognition card upon the request of any investigating law enforcement officer; and
• have a copy of the recognition card and the qualifying patient or designated provider's contact information posted prominently next to any marijuana products and plants. 

A person who is both a qualifying patient and a designated provider for another qualifying patient may possess no more than twice the authorized amount of marijuana product for the qualifying patient and designated provider.

A qualifying patient or designated provider who has a valid authorization, but is not entered into the database and does not have a recognition card is not granted the same criminal and civil protections, but may, under certain conditions, raise an affirmative defense at trial for certain violations of state law relating to use and possession of marijuana.  A qualifying patient or designated provider asserting the affirmative defense must prove, by a preponderance of the evidence, compliance with all other provisions of state law governing medical use of marijuana by a qualifying patient or designated provider.

A qualifying patient or designated provider who has a valid authorization but is not entered into the database and does not have a recognition card may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for certain violations of state law relating to use and possession of marijuana.

To receive these protections, the qualifying patient or designated provider must:

• possess no more than the authorized amount of marijuana products and plants;
• present the authorization upon the request of any investigating law enforcement officer; and
• have a copy of the authorization and the qualifying patient or designated provider's contact information posted prominently next to any marijuana products and plants.

A person who is both a qualifying patient and a designated provider for another qualifying patient may possess no more than 15 marijuana plants located in any one housing unit other than an authorized cooperative.

The affirmative defense afforded to qualifying patients and designated providers who have a valid authorization but are not entered into the database and do not have a recognition card is eliminated.