The Rules to Legally Prescribing Medical Marijuana and CBD

Patients with a variety of medical conditions find pain relief and other medical benefits from using marijuana. Most states now allow qualifying patients to access marijuana for medical purposes. However, marijuana remains illegal under federal law.

Every state takes a different approach to medical cannabis programs. This includes who qualifies, possession amounts, and whether they can grow marijuana plants. To understand your state’s medical cannabis laws, talk to a local cannabis law attorney.

State vs. Federal Medical Marijuana Laws

California was the first state to pass a compassionate use law for medical marijuana in 1996. Since then, more states have approved medical cannabis for therapeutic uses.

As of early 2026, 39 states and the District of Columbia have legalized medical marijuana. The remaining states without medical cannabis laws may introduce legalization in the future.

The federal government has not legalized marijuana for medical or recreational use. Marijuana remains a Schedule I substance under the Controlled Substances Act. This is the same category as heroin and LSD. However, the Food and Drug Administration (FDA) has recommended that the U.S. Drug Enforcement Administration (DEA) reclassify cannabis under federal law.

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State-by-State Medical Marijuana Laws

The following table provides an overview of state medical marijuana laws.

Note that some states passed medical marijuana laws but did not implement the programs (or allow dispensaries) until later. Some states also have reciprocity agreements with other states for patients with a valid medicinal use license. Some states have very limited medical marijuana access, allowing only for medical CBD and low-THC use.

Defining a Qualifying Medical Condition

To be eligible to receive cannabis products for medical use, a patient must have a qualifying medical condition.

The qualifying conditions and approval process vary by state. In most states, a patient must be 18 years old or older to apply. Other states require patients to be 21 years old or older. In some states, a minor can qualify with parent and physician approval.

Most states require a licensed healthcare provider to certify a qualifying condition. However, some states, like Florida and New York, allow physicians to recommend the medical use of cannabis for any condition.

Notable examples of conditions that qualify under medical marijuana laws include:

• Cancer
• HIV/AIDS
• Epilepsy and seizure disorders
• Glaucoma
• Amyotrophic lateral sclerosis (ALS)
• Multiple sclerosis
• Chronic pain conditions
• Terminal illness

Prescribing Physicians and Healthcare Providers

Different states have different healthcare providers who can recommend the use of marijuana. States like Florida require basic educational requirements, including an unrestricted medical license, training course, and examination. Some states disqualify physicians with a financial interest in the marijuana industry. 

All states with medical marijuana programs allow Doctors of Medicine (MDs) and Doctors of Osteopathic Medicine (DOs) to recommend marijuana. Other states also allow Physician Assistants (PAs) and Nurse Practitioners (NPs) to qualify patients.

Growing Cannabis Plants

About half of the states that have medical cannabis programs allow patients to grow their own cannabis. State laws vary in the number of plants.

There are often restrictions on where people can grow marijuana and the number of mature and flowering plants, with some states requiring a permit to grow at home.

CBD and Cannabinoids

Marijuana is made up of multiple compounds, primarily cannabidiol (CBD), delta-9-tetrahydrocannabinol (THC), and cannabinol (CBN).

THC has psychoactive effects that people associate with getting high on marijuana. CBD is a non-intoxicating compound that may have potential therapeutic treatment options, including for patients with seizures and epilepsy.

CBD is legal in most states, with low-THC (less than 0.3 percent) CBD legal under federal law. However, some states still have strict limitations on CBD and other cannabinoids.

Legal Help With State Medical Marijuana Programs

If you are having difficulty finding access or qualifying for medical cannabis, an attorney can help. For questions about medical marijuana use in your state, talk to an experienced cannabis law attorney.