• OMNI Medical

CAN I USE MY MEDICAL MARIJUANA IN STATES WHERE IT’S NOT LEGAL?

By Jessica Walters


Planning a vacation should be fun. However, given rapidly evolving – and often complicated – laws surrounding medical marijuana, many patients feel overwhelmed. Is it okay to use legally purchased medical marijuana in states where it’s not legal? Can you use your medical marijuana card in different states?


STATE VS. FEDERAL LAW

Just like using medical marijuana in residential apartments, traveling with cannabis comes down to federal versus state law. Unfortunately, marijuana is still classified as a Schedule I drug (just like heroin, LSD, and ecstasy) – which means selling, purchasing, and/or possessing the substance is a criminal offense.

Since federal law supersedes state law, this also means that taking cannabis across state lines (even if both states permit medical marijuana use) is illegal.


As attorney Allison Malsbury explains:

From a legal perspective, it’s very cut and dried. In practice, however, it’s very ambiguous. In practice, the chances of feds or the DEA sitting at the border waiting to catch someone – that’s just not happening. It’s not practical or worth their time.

However, Americans for Safe Access reminds patients:

The best law enforcement encounter is the encounter that never occurs.

Keep in mind: Crossing state lines with medical marijuana is still a federal offense.