Traveling to see friends or family this holiday season? Find out everything you need to know about using medical marijuana in states besides Florida. Plus, brush up on travel tips and rules about where you can (and can’t!) use medical cannabis within the Sunshine State.
Can I cross state lines with medical marijuana?
Traveling with medical marijuana comes down to federal versus state law. Unfortunately, marijuana is still classified as a Schedule I drug (similar to 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.
Fortunately, a number of states allow patients to side-step travel issues by permitting legal access to recreational marijuana. Note: This does not mean that patients can make medical purchases (although a few states accept out-of-state medical marijuana cards).
What states allow recreational use?
Here’s a quick look at states where recreational marijuana is legal:
- ALASKA
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The Alaska Alcohol and Marijuana Control Office.
Possession Limit: 1 oz. usable; 6 plants (no more than 3 mature)
- CALIFORNIA
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The California Cannabis Portal.
Possession Limit: 1 oz. usable; 6 plants; 8 g. hash/concentrates
- COLORADO
Individuals of legal age may purchase marijuana from dispensaries. For more information, see: Colorado Marijuana.
Possession Limit: 1 oz. usable; 6 plants (no more than 3 mature); 1 oz. hash/concentrates
- MAINE
Individuals of legal age may use recreational marijuana. Maine also accepts out-of-state medical marijuana cards (discussed in the next section). For more information, see: The Maine Marijuana Legalization Act and Chapter 409 Public Law.
Possession Limit: 2.5 oz. usable; up to 15 plants (no more than 3 mature); 5 g. hash/concentrates
- MASSACHUSETTS
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The Massachusetts Cannabis Control Commission.
Possession Limit: 1 oz. usable; 6 plants; 5 g. concentrates
- MICHIGAN
Recreational legislation just passed in November; however, rules for implementation are pending. For more information, see: The Michigan Department of Licensing and Regulatory Affairs.
Possession Limit: N/A
- NEVADA
Individuals of legal age may purchase recreational marijuana from dispensaries. Nevada also accepts out-of-state medical marijuana cards (discussed in the next section). For more information, see: Marijuana in Nevada.
Possession Limit: 1 oz. usable; 6 plants; 3.5 g. hash/concentrates
- OREGON
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: Oregon Recreational Marijuana.
Possession Limit: 1 oz. usable in public; 8 oz. home-grown usable at home; 4 plants; 16 oz. solid marijuana-infused, 72 oz. liquid-infused; 1 oz. extract at home of hash/concentrates
- VERMONT
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The State of Vermont Marijuana Commission.
Possession Limit: 1 oz. usable; 6 plants (no more than 2 mature); 5 g. hash
- WASHINGTON
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The Washington State Liquor and Cannabis Board.
Possession Limit: 1 oz. usable; 16 oz. solid marijuana-infused, 72 oz. liquid infused; 7 g. of concentrates
- WASHINGTON, D.C.
Individuals of legal age may purchase recreational marijuana from dispensaries. For more information, see: The DC Metro Police Department.
Possession Limit: 2 oz. usable; 6 plants (no more than 3 mature)
Can I use and/or buy marijuana with an out-of-state medical marijuana card?
States accepting out-of-state medical marijuana cards practice what is known as reciprocity. While reciprocity laws – especially in states that permit medical purchases – help visitors avoid a number of travel-related legal issues, it’s important to remain mindful of both marijuana’s federal prohibition and state-specific statutes.
The following states permit medical marijuana use and/or purchases with out-of-state medical marijuana cards:
- ARIZONA
Arizona allows visiting patients to use medical marijuana (with a state-approved card); however, non-residents are not permitted to purchase cannabis from a dispensary. For more information, see: Arizona Proposition 203, Chapter 28.1, 36-2801 Sec 17. Visiting Qualifying Patients.
Possession Limit: 2.5 oz. useable; 12 plants
- MICHIGAN
Visiting patients with a medical marijuana card may purchase and use medical cannabis. For more information, see: Michigan Medical Marihuana Act 333.26424, Sec. 4(h).
Possession Limit: 2.5 oz. usable; 12 plants
- NEW HAMPSHIRE
As long as patients are authorized to use marijuana for a condition approved by New Hampshire, visitors can use medical cannabis (however, they cannot make purchases at dispensaries). For more information, see: Therapeutic Cannabis Program Registry Rules, He-C 401.16, Visiting Qualifying Patients.
Possession Limit: 2 oz. usable
- RHODE ISLAND
Rhode Island allows visiting patients to use medical marijuana (with a state-approved card); however, non-residents are not permitted to purchase cannabis from a dispensary. For more information, see: The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act § 21-28.6-4 (n).
Possession Limit: 2.5 oz usable; 12 plants
What if I’m a seasonal “snowbird” Florida resident?
Traveling to Florida from out of state? Seasonal Florida residents may qualify for a Florida medical marijuana card! According to Senate Bill 8(A):
The term “seasonal resident” means any person who temporarily resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction.
To see if you qualify, fill out a quick application or give us a call at 1 (855) 420-9170!
Can I fly with medical marijuana?
The short answer? No.
According to the U.S. Department of Homeland Security Transportation Security Administration (TSA), medical marijuana is not allowed in checked or carry-on bags:
Possession of marijuana and cannabis infused products, such as cannabidiol (CBD) oil, is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and cannabis infused products. TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer.
So what happens if TSA stops you for medical marijuana possession in a state where cannabis legal?
According to Los Angeles Airport Police, which operates at Los Angeles International Airport and several other Southern California airports, not much:
Because it is not a crime.
As Lieutenant Mark Gonzales, airport police services bureau chief with the Orange County Sheriff’s Department, explains:
If the TSA calls us [about finding marijuana], we’d go up and make sure it is within the legal quantity. If it is, we’d just stand by while the passenger decides what to do with it. TSA may not want it to fly, but that doesn’t mean it is illegal in California.
Likewise, the Orlando Police Department has said it won’t arrest anyone lawfully carrying medical marijuana, even on Florida airport property.
Moral of the story? You likely won’t go to jail if TSA finds legal marijuana in your bag before boarding, but – unless you want to throw away your medication or miss your flight – leave the cannabis at home.
Where can’t I use medical marijuana?
Medical marijuana use and/or administration is strictly prohibited in the following places:
- On any form of public transportation *
- In any public place *
- In the patient’s place of employment (unless permitted by his or her employer)
- In a state correctional institution
- On the grounds of a preschool, primary school, or secondary school
- On a school bus
- In a vehicle
- In an aircraft
- On a motorboat *
EXCEPTIONS
Low-THC cannabis use is permitted in categories followed by an asterisk (*). According to Senate Bill 8A, low-THC cannabis is defined as:
A plant of the genus Cannabis, the dried flowers of which contain .8 percent or less of tetrahydrocannabinol (THC) and more than 10 percent of cannabidiol weight for weight.