The widespread legalization of medical and recreational marijuana, no doubt, bodes well for the cannabis industry. However, the drug remains effectively illegal under federal laws, and there’s no sign this is going to change anytime soon. The discord between state and federal laws creates a problem for cannabis businesses and users alike, especially when it comes to transporting cannabis.
Since the drug is still illegal under federal laws, traveling with cannabis from one state to another remains a criminal offense. Even in legal states, there are specific regulations users and distributors must follow. Here is an overview of the most important federal and state laws guiding the transport of marijuana.
State laws regulating marijuana transport
The regulations guiding the transportation of marijuana in any state would depend on the state in question. If neither medical nor recreational cannabis is legal in a state, transporting marijuana in that state would be illegal.
On the other hand, states with medical or recreational marijuana laws would allow for transportation of cannabis within to state. You should check out the specific marijuana laws in your state to know how much pot you can move with. On a general note, most marijuana-friendly states have decriminalized possession of less than 1 ounce of marijuana.
How about states that are only medical marijuana-friendly
If your state has legalized medical marijuana but is yet to legalize recreational marijuana or decriminalize cannabis possession, only the people with a medical marijuana card can transport marijuana. If you’re not a medical marijuana card holder, you may be prosecuted if you’re caught in possession of cannabis.
Depending on the state, card holders also have limits on how much cannabis they can move with. Most states do not permit the purchase of more than a 70-day supply of marijuana. Thus, the quantity you’re with must not exceed the amount that would last you for 70 days.
In addition, medical marijuana users are generally encouraged to keep their drugs in an airtight container and lock in a close compartment while traveling. This is because many state laws frown at exposing marijuana to the public, and you might get in trouble if law enforcement officers spot your pot in the open. Needless to say, public consumption is prohibited in most states.
Federal laws regulating marijuana transport
As mentioned earlier, marijuana remains illegal under federal law. Thus transporting marijuana across state lines could result in federal prosecution. The penalty for the crime would depend on the amount of marijuana you’re caught trafficking, and if you’re a first or repeat offender.
In general, federal enforcement takes priority over state laws as long as you’re out of the state. Even while you’re still in the state, transporting marijuana on federal property such as National Parks and Military bases would still put you in trouble.
Furthermore, state laws stipulate that marijuana purchased in a particular state must not be moved out of the state. Thus, you’re violating both federal and state laws by transporting marijuana across state lines. It doesn’t matter if the two states involved are marijuana-friendly or not.
Can I fly with medical marijuana?
The simple answer is no. Carrying marijuana onto a plane is a punishable offense because federal law governs air travel. The airspace you’re flying through is also considered federal property, and it doesn’t matter if you’re flying within two legal states.
The moment you leave a state with any kind of marijuana, you’ve probably broken the law of the state you’re leaving, you’re about to break the law of the state you’re entering, and you’ve violated federal law. The smart choice would be to leave your marijuana at home.
