Even though most states permit the medical use of cannabis in some form, and many allow cannabis use for adults 21 and older, traveling remains a challenge for patients, especially for those who require uninterrupted access to cannabis treatments. Cannabis remains illegal at the federal level, and the rights and privileges for medical cannabis patients vary from state to state. Because cannabis products cannot be legally taken out of the state where they were purchased, patients who travel for work or pleasure must navigate the laws, regulations, and markets in unfamiliar jurisdictions.
Americans for Safe Access (ASA) is working to pass federal laws that would remove these state-by-state barriers for patients. Until we are successful in these efforts, we want patients who are traveling to safely reach their destination and access medical cannabis (if possible) when they arrive. ASA has created The Medical Cannabis Patient’s Guide for U.S. Travel to provide patients with the information to make informed decisions and evaluate risks when traveling.
Medical Marijuana Laws
As of November 2021, 18 states, two territories, and the District of Columbia have legalized marijuana use for both medical and recreational purposes. Additionally, as of February 2022, 37 states, four territories, and the District of Columbia have legalized the medical use of cannabis products.
A comprehensive medical cannabis program has been implemented, allowing tens of thousands of people to obtain the medical marijuana they need in the form of vaporizers, tinctures, sprays, pill capsules, edibles, or topical solutions. Comprehensive medical cannabis programs fall under the following criteria:
- Protection from criminal penalties for using cannabis
- Access to cannabis through home cultivation, dispensaries, or another system
- Allows a variety of strains or products, regardless of THC content
- Enables smoking or vaporization of different cannabis products, including plant material or extracts
- It is not a limited trial program
Read Also: Benefits of Medical Marijuana
In contrast, 11 states have approved the use of low THC high CBD products for medical reasons in limited situations or as a legal defense. Despite the recent changes to the law regarding both medical and recreational use, any marijuana is still considered illegal at the federal level.
States with Legal Medical Marijuana Programs
- Alaska Possession Limit: Up to 1 ounce
- Arizona Possession Limit: Up to 2.5 ounces every two weeks
- Arkansas Possession Limit: Up to 2.5 ounces every 14 days
- California Possession Limit: Up to 8 ounces of dried cannabis
- Colorado Possession Limit: Up to 2 ounces
- Connecticut Possession Limit: Up to 3 ounces
- Delaware Possession Limit: Up to 6 ounces over a 2-week period
- Florida Possession Limit: Up to 2.5 ounces every 35 days
- Hawaii Possession Limit: Up to 4 ounces
- Illinois Possession Limit: Up to 2.5 ounces over a 14-day period
- Maine Possession Limit: Up to 2.5 ounces
- Maryland Possession Limit: Up to 120 grams
- Massachusetts Possession Limit: Up to a 60-day supply for personal medical use
- Michigan Possession Limit: Up to 2.5 ounces
- Minnesota Possession Limit: Up to a 30-day supply of non-smokable marijuana
- Missouri Possession Limit: Up to 4 ounces in a 30-day period
- Montana Possession Limit: Up to 1 ounce
- Nevada Possession Limit: Up to 2.5 ounces in a 14-day period
- New Hampshire Possession Limit: Up to 2 ounces during a 10-day period
- New Jersey Possession Limit: Up to 3 ounces in a 30-day period
- New Mexico Possession Limit: Up to 8 ounces over a 90-day period
- New York Possession Limit: Up to a 30-day supply of non-smokable marijuana
- North Dakota Possession Limit: Up to 3 ounces
- Ohio Possession Limit: Up to a 90-day supply, amount determined by form and THC content
- Oklahoma Possession Limit: Up to 3 ounces on person, 8 ounces at home
- Oregon Possession Limit: Up to 24 ounces
- Pennsylvania Possession Limit: Up to a 30-day supply
- Rhode Island Possession Limit: Up to 2.5 ounces
- Utah Possession Limit: Up to a 30-day supply
- Vermont Possession Limit: Up to 2 ounces
- Virginia Possession Limit: Up to 4 ounces every 30 days
- Washington Possession Limit: Up to 3 ounces
- West Virginia Possession Limit: Up to a 30-day supply (amount determined by form)
- Washington D.C. Possession Limit: Up to 2 ounces
Traveling with Medical Marijuana
Federal law governs airplane travel, so it is currently illegal to bring marijuana onto a plane. However, with medical marijuana, there is a legal gray area when flying. According to the Transportation Security Administration (TSA), CBD products (THC less than 0.3%) are permitted in carry-on bags and checked bags, but medical marijuana products are still federally illegal.
TSA Screenings of Medical Marijuana
The purpose of TSA’s security screenings is to identify any potential threats to the airplane and its passengers. Security officers are not actively searching for marijuana or other illegal drugs, but if any illegal substances are discovered during a security screening, TSA will call local law enforcement. The final decision of allowing any substances through the security checkpoint lies with the TSA officer. While you may not face any legal jurisdiction, you may miss your flight or lose possession of your medical marijuana.
It is important to remember that for your medical marijuana card to be valid, you must be traveling between states where medical marijuana is legalized and which offer reciprocation for out-of-state cards. Since marijuana is still classified as a Schedule I controlled substance, you should always review the most up-to-date information for the states or countries you are visiting before traveling. Although the probability of facing a penalty is low, individuals can still face up to five years in prison and a fine of up to $250,000 for cannabis trafficking. Usually, these penalties are reserved for high-volume distributors of cannabis.
Traveling on a Train with Medical Marijuana
If you are traveling by train in the United States, Amtrak is currently the only passenger railroad service that provides regularly scheduled long-distance intercity trains. On all Amtrak trains, buses, and stations, the transportation of marijuana in any form is strictly prohibited, even in states or countries where recreational use is legal or permitted medically.
Traveling on a Car with Medical Marijuana
When traveling by car, it’s important to stay within states that allow medical marijuana use if you are carrying it with you. Here are some tips:
- Carry Documentation: Always have your medical marijuana card and any related documentation with you.
- Secure Your Medication: Keep your medical marijuana in its original packaging and secure it in your vehicle.
Traveling on a Airplane with Medical Marijuana
The Transportation Security Administration (TSA) follows federal law, which means that marijuana is not allowed on airplanes. However, the TSA’s primary focus is on security threats rather than drug enforcement. If TSA agents find marijuana during a security screening, they will refer the matter to local law enforcement.
Some tips for flying with medical marijuana include:
- Check Airport Policies: Some airports in states where medical marijuana is legal have policies that accommodate medical marijuana patients.
- Carry Documentation: Have your medical marijuana card and doctor’s recommendation readily available.
- Consider Alternatives: If possible, consider alternative treatments or medications that do not involve marijuana for the duration of your trip.
Traveling Internationally with Medical Marijuana
Traveling internationally with medical marijuana is even more complicated. Many countries have strict drug laws, and what may be legal in one country could result in severe penalties in another.
Before traveling internationally:
- Research Destination Laws: Thoroughly research the medical marijuana laws of your destination country.
- Consult with Authorities: Contact the embassy or consulate of your destination country for guidance.
- Explore Alternatives: Consider using alternative medications during your travel to avoid legal issues.
Whether you can use your medical marijuana card in other states depends on the specific laws and regulations of those states. Some states have reciprocity agreements that recognize out-of-state medical marijuana cards, allowing you to purchase and use medical cannabis while visiting. However, not all states have such agreements, so it’s essential to research the laws of the state you plan to visit beforehand. Additionally, even in states with reciprocity, there may be restrictions or limitations on out-of-state cardholders, such as which dispensaries they can visit or how much cannabis they can purchase. Therefore, it’s crucial to check the specific requirements and regulations of each state you plan to travel to with your medical marijuana card.
The Bahamas government enforces a strict ban against cannabis in any form, whether for recreational use or medical purposes. Citizens caught with weed risk severe criminal charges and penalties. Possession offenders can be fined up to $120,000 and sentenced to 10 years in prison.
Tourists cannot access medical or recreational cannabis in Turkey. Similarly, you cannot bring it into the country. If you’re planning a visit to the area, it is recommended that you leave all cannabis products (including CBD) at home, even if you have a medical marijuana card.
Traveling with medical marijuana requires careful planning and a thorough understanding of the laws in your travel destinations. While federal law prohibits the possession and transportation of marijuana, state laws and international regulations vary significantly. Always carry your documentation, research local laws, and consider alternatives to ensure a smooth and legal journey. Stay informed and travel safely with your medical marijuana.
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