Flying High in the Regulatory State: An Analysis of State Regulatory Systems for the Distribution of Medical Cannabis

This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note argues that the best regulatory scheme for the distribution of medical cannabis is ultimately a mixture of several aspects of existing systems and some aspects that no system has yet adopted.

This Note will also argue that this ideal regulatory system should be adopted by all states to increase patient access and choice, decrease costs, improve efficiency, and maximize the individual liberty for patients, while simultaneously protecting the public.