Marijuana State Reciprocity: A Guide to Holiday Travel

As the new year and the holiday season approaches, many of us are starting to plan our out-of-state travel. For medical marijuana users, however, the often confusing state laws on the possession and use of cannabis can add extra stress to our holiday travel. Many states have relaxed their laws, but most states still have strict rules and penalties for the possession, use, and transport of cannabis. This can be tough for those who rely on medical marijuana to manage chronic illnesses, as they need to know the laws of each state they will be crossing.

To make it easier, many states are adopting marijuana-state reciprocity laws that allow those with a medical marijuana card in one state to possess and use cannabis in another state. Keep reading for key things to keep in mind if you plan on traveling for the holidays with medical marijuana.

What Is Medical Marijuana Reciprocity?

Medical marijuana reciprocity, or cannabis reciprocity, is a concept that allows those with a medical marijuana card in one state to purchase, possess and use marijuana in another state where medical cannabis is legal. This is especially important for medical marijuana users as it allows them to get their medication while traveling.

So if you have a medical marijuana card in one state, it’s accepted in any other state with the same type of reciprocity law.

Listed below are the states that currently have medical marijuana reciprocity laws in place:

• Arizona
• Arkansas
• California
• Colorado
• Illinois
• Washington, D.C.
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Oklahoma
• Oregon
• Rhode Island
• Vermont
• Utah
• Washington

Possess-but-Not-Purchase States

18 of the 50 states have some form of medical cannabis reciprocity. However, some of those states allow patients to possess medical marijuana but not purchase it.

With this in mind, federal cannabis laws must be followed and respected. In other words, crossing state lines with medical marijuana can lead to federal criminal charges.

Temporary Visitor States

Within the 18 states with medical cannabis reciprocity laws, some states allow temporary visitor access to out-of-state patients. Temporary visitor states will recognize a medical cannabis recommendation from another state as long as the medical marijuana patient is visiting that state for less than a certain amount of time. In other words, patients who qualify in their home state can get what they need during their stay in select reciprocal states.

This temporary visitor allowance can be anywhere from 30 days to 6 months and usually comes with a fee. To get medical cannabis in these states, the out-of-state patient will need to register with the state’s medical marijuana program.

Traveling Across States Lines with Medical Cannabis

Federal Law and Medical Marijuana

Although many states have legalized medical marijuana, federal law still classifies it as a Schedule I controlled substance. This means under federal law, medical marijuana is illegal, and transporting it across state lines is a federal crime. However, the federal government has taken a hands-off approach and allows states to regulate medical marijuana within their borders.

For medical marijuana patients, it’s important to understand these federal laws. You may be able to legally get and use medical marijuana in your home state, but crossing state lines with it can lead to serious legal consequences. Always research the laws of the states you plan to visit and stay informed about federal regulations to avoid any issues during your travels.

Transportation Security Administration (TSA) Guidelines

When traveling with medical marijuana, the Transportation Security Administration (TSA) has specific guidelines you need to follow. The TSA doesn’t actively search for medical marijuana, but if they find it during their screening process, they will refer the matter to local law enforcement.

According to the TSA’s website, you can carry medical marijuana in both checked and carry-on bags as long as it’s in its original packaging, and you have a medical marijuana card or letter of approval. But remember, even if the TSA allows medical marijuana, you must still comply with local laws and regulations at your destination. Always check the cannabis laws of the state you are visiting and make sure you have all your documentation to avoid any issues.

Storing Medical Marijuana While Traveling

Proper storage of medical marijuana while traveling is critical to a smooth and stress-free trip. Here are some tips to help you store your medical marijuana safely:

• Original Packaging: Always keep your medical marijuana in its original packaging, clearly labeled as medical marijuana. This will help identify it as a prescription medication.
• Child-Proof Containers: Use child-proof containers to store your medical marijuana. This will prevent accidental ingestion and keep it safe.
• Out of Reach: When driving, keep your medical marijuana out of reach to avoid any potential distractions or misunderstandings with law enforcement.
• Discreet Storage: Consider using a discreet storage container to avoid drawing attention to yourself.

By following these tips, you can store your medical marijuana safely and securely and make your travel experience more enjoyable and stress-free.

What to Do If You’re Detained or Stopped

If you get detained or stopped while traveling with medical marijuana, stay calm and cooperative. Here are some steps to follow:

• Be Respectful: Always be respectful and polite to law enforcement. A good attitude can go a long way in resolving the situation.
• Show Documentation: Show your medical marijuana card or letter of approval to prove you are a medical marijuana patient. This documentation is key to proving the legality of your medical cannabis use.
• Explain Your Condition: Clearly explain your medical condition and why you need medical marijuana. This will help law enforcement understand your medication.
• Don’t Argue: Don’t argue or lie to law enforcement. This will only escalate the situation and cause more problems.

By following these steps, you can minimize any issues or problems during your trip and have a safer and more enjoyable journey with your medical marijuana.