Where Is Medical Aid in Dying Legal? A Dated State-by-State Guide

Last verified: October 14, 2026. This area of law is changing quickly, so we re-check this page at least quarterly. It lists where medical aid in dying (MAID) is authorized. It is not a guide to each state’s rules, which differ; see what is medical aid in dying and who qualifies.

Where is it legal?

Jurisdiction	Year authorized	Notes
Oregon	1994	First in the nation; approved by voters in a 1994 ballot measure. A 2023 amendment removed Oregon’s residency requirement
Washington	2008
Montana	2009	Allowed through a state Supreme Court decision, not a statute; see below
Vermont	2013
California	2015
Colorado	2016
District of Columbia	2016
Hawaii	2018
Maine	2019
New Jersey	2019
New Mexico	2021
Delaware	2025	Signed May 2025; took effect January 1, 2026
Illinois	2025	Signed December 12, 2025; took effect September 12, 2026; requires Illinois residency
New York	2026	Signed February 6, 2026; took effect August 5, 2026; requires New York residency

Years are the year each law was enacted or decided, from summary sources, and weren’t checked against each statute. Effective dates for Delaware, New York, and Illinois are confirmed from official or news sources named in our review note.

Why do counts differ?

You’ll see “11,” “13,” or “14” in different places. The differences are mostly about Montana (counted by some sources and not others because it rests on a court decision) and timing, since New York and Illinois were signed before they took effect. As of October 14, 2026, sources we reviewed list 13 states plus Washington, D.C., or 14 jurisdictions, with all laws in effect.

What’s different about Montana?

Montana is the only jurisdiction where MAID rests on a court ruling instead of a statute. According to U.S. Medical Aid in Dying, a group that supports the practice, there is no statewide regulatory framework or reporting system there, so access varies and isn’t standardized across the state.

What about the newest laws?

• New York (Public Health Law Article 28-F). The Department of Health says the law is available to terminally ill New Yorkers with less than six months to live, effective August 5, 2026. Participation by clinicians is voluntary. A private hospital may adopt a written policy prohibiting MAID at its facility if it is expressly based on sincerely held religious beliefs or moral convictions, and must transfer a patient who wants it; a public hospital may not adopt such a policy. The state says it will not keep a central registry of participating providers
• Illinois (End-of-Life Options for Terminally Ill Patients Act, also called “Deb’s Law”). The Governor’s office said the law takes effect in September 2026 to give the Department of Public Health and providers time to build processes, and that no physician, provider, or pharmacist is required to participate. The statute says only requests by Illinois residents may be granted
• Delaware took effect on January 1, 2026, according to legal-reference and news summaries

Are there legal challenges?

Yes, in the newest states. These are developing situations and may have changed since our last check.

• New York. According to a court order and local news, a federal judge dismissed a lawsuit by disability advocates seeking to block the law, ruling that the plaintiffs lacked standing. A separate suit by Catholic health care organizations challenges the law on religious-freedom grounds. The state agreed to a limited order that bars enforcement of certain provisions against those plaintiffs only; reporting says it doesn’t stop the law from taking effect. That case was reported as still pending
• Illinois. According to the Death With Dignity National Center, a group that supports MAID, three federal lawsuits were pending as of its latest update, none had prevented the law from taking effect statewide, and limited court orders applied only to specific plaintiffs and provisions

What if my state isn’t on the list?

In states without a law, no law authorizes MAID, and criminal laws on assisting a suicide may apply; they vary. Other states regularly consider bills, but a bill is not law until enacted and in effect. Residency rules also differ: New York and Illinois require residency, while Oregon removed its requirement in 2023. If you are thinking about options in another state, speak with your care team and an attorney before making any plans.

How do I check my state?

1. Start with your state health department’s page on the law, if there is one (New York’s is an example of what to look for: eligibility, forms, FAQs)
2. Read the law itself or a plain-language summary from a neutral source, and check its date
3. Ask your care team which clinicians and facilities in your area take part, since participation is voluntary and many don’t
4. Be careful with trackers. Groups on both sides of the issue maintain state lists, and they’re useful but each has a viewpoint

Last verified October 14, 2026. Laws, effective dates, and court cases change. This is general information, not legal advice; check your state health department and an attorney for what applies to you.