Can You Cross State Lines with Legal Medical Marijuana?

Marijuana is now legal for medical use in the majority of states. Marijuana can provide relief to patients suffering from a variety of health conditions. Even though medical marijuana has benefits for many people, not all states allow medical marijuana. Marijuana is still illegal under federal law.

Crossing state lines with medical marijuana can lead to federal criminal charges. If you were arrested for drug possession involving medical marijuana, talk to a criminal defense lawyer about your rights.

State Medical Marijuana Laws Are Changing

The treatment of marijuana has changed a lot over the past couple of decades. Marijuana possession and growing cannabis plants used to be illegal everywhere in the United States. However, in 1996, California became the first state to allow the legal use of weed for medical use. Since that time, more states have joined in allowing medical marijuana with a prescription or state medical marijuana card.

According to the National Conference of State Legislatures, in 2023, 38 states have passed medical marijuana laws. There are 24 states that have passed laws for recreational marijuana, including Colorado and Illinois. Another group of states have approved low THC, high cannabidiol (CBD) cannabis products for medical use.

State medical marijuana laws were passed with support from many in the medical community. Qualifying patients can get treatment for medical conditions, including:

• Chronic pain
• Glaucoma
• Epilepsy
• Cancer
• Anxiety
• Sleep disorders

Medical Marijuana Remains a Schedule I Drug Federally

Drugs and controlled substances are regulated under the Controlled Substances Act (CSA). Under federal law, marijuana is classified as a Schedule I drug, along with heroin and LSD. Schedule I drugs have “no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.”

Doctors and caregivers have found medical uses, acceptable safety, and a low potential for abuse. However, the federal government still has not decriminalized marijuana use.

Travel Between States With Legal Marijuana Possession

Each state has its own laws regarding medical cannabis. The majority of states now recognize medical marijuana and allow possession and use under a doctor’s direction. However, travel between states is under the jurisdiction of the federal government.

Even if you are doing something legal in your state, when you travel across state lines, you may be subject to federal laws. A medical marijuana card from your home state does not provide you a defense to transporting marijuana between states.

Flying With Prescription Medical Marijuana

TSA agents may be more concerned with terrorism and large-scale drug trafficking. However, marijuana possession is still a federal crime. Airports and airlines are under federal jurisdiction.

If you try to pass through security or board a flight with medical marijuana, you could be arrested. Even cardholders with a medical prescription under their own state’s laws can be arrested if they violate federal law or laws in other states.

What Are the Penalties for Traveling Across State Lines With Medical Marijuana?

Federal drug penalties for marijuana can depend on several factors, including:

• The amount of cannabis involved
• If you also possessed other drugs

• Whether you have a prior criminal record
• Any evidence of sale, distribution, or cultivation

Federal marijuana possession charges involving a small amount of drugs are generally treated as misdemeanors. Penalties may include up to one year in prison and a fine of up to $1,000.

If you have a larger amount of medical marijuana, there could be a presumption that you are going to sell the drugs instead of using them personally. Trafficking marijuana is a felony, with penalties including five years or more in federal prison and fines of $250,000 or more.

Marijuana cultivation is also a felony. Traveling with medical marijuana plants can result in five or more years in federal prison and fines of $250,000 or more.

Will the Police Bust You for Medical Marijuana?

There are a lot of stories of people traveling across state lines with legal weed. People even get on planes with THC extract or edibles without worrying about the police. Until federal law changes, you are running the risk of arrest on federal drug charges.

The greater the amount of marijuana involved when traveling, the more likely police may be to make an arrest. While in some cases, police may look the other way or allow you to throw something away, it may not be worth the risk.

Your Medical Cannabis Card Won’t Help You for Federal Criminal Charges

Showing your ID card or a receipt from a dispensary will not do much to help your federal case. However, the prosecutor still has to prove all the elements of a criminal charge.

Medical cannabis laws are evolving. As different states legalize medical and recreational cannabis, the federal government is under increased pressure to do the same. However, law enforcement and federal prosecutors still take drug charges seriously, and so should you.

If you end up under arrest for criminal charges involving medical cannabis, talk to a criminal defense lawyer for legal advice.