Table 2.
Statutory Characteristics of States Permitting Dispensaries (or Equivalent Entities)7
| Jurisdiction | Law | Enactment Year | Effective Year† | Entity | Permissible activities |
|---|---|---|---|---|---|
| Arizona8 | Prop. 203 | 2010 | 2011 | D | Description B |
| California | SB 420 | 2003 | 2005 | Co-op | Does not specify activities; but mandates that qualified persons “who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions” |
| Colorado | Amend. 20* | 2000 | 2002 | D | The state medical marijuana registry does “not have a formal relationship” with dispensaries established within the state, and contends “[t]he Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue of dispensaries.” |
| HB 10-1284 | 2010 | 2011 | MMC | “a person licensed … to operate a business as described … that sells medical marijuana to registered patients or primary caregivers … but is not a primary caregiver” | |
| Delaware | SB 17 | 2011 | 2012 | CC | Description A |
| District of Columbia | B 18-622 | 2010 | 2011 | D | “an organization or business.… at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver” |
| Init. 59* | 1998 | 2011 | Dispensary not legal | ||
| Maine | Quest. 5 | 2009 | 2010 | D | Description B |
| New Jersey | P.L. 2009 | 2010 | 2011 | ATC | Description C |
| New Mexico | SB 523 | 2007 | 2008 | LP | “produce, possess, distribute and dispense cannabis” |
| Rhode Island | SB 185 | 2009 | 2010 | CC | Description C |
| Vermont SB | SB 17 | 2011 | 2012 | D | Description A |
Using an alternative interpretation of the law; not as explicitly written in law. Note the lengthy difference between effective and enactment dates was due to Congressional interference delaying implementation of the law. See for example D.C. officials cautious on legal marijuana, The Washington Times, Dec. 10, 2009, available at http://www.washingtontimes.com/news/2009/dec/10/council-cautious-on-legal-marijuana/.
Effective by 1st of January in public law. Entities: Dispensary (D), Compassion Center (CC), Collective/Co-operative (CCo-op), Licensed Producer (LP), Medical Marijuana Alternative Treatment Center (ATC), Medical Marijuana Center (MMC).
Description A: “acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials.”
Description B: “acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana or related supplies and educational materials.”
Description C: “acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispense marijuana or related supplies and educational materials.
Only statutes with text regarding dispensary-type entities are included in the table.
Arizona Prop. 200 removed criminal sanctions for pharmacies that possess marijuana for sale; however, because this law required a doctor’s prescription, rather than recommendation, it provided no consequential legal protections. See Medical Marijuana Policy Project, State-By-State Medical Marijuana Laws, 6 (2011) available at http://www.mpp.org/legislation/state-by-state-medical-marijuana-laws.html