General Question

Mamradpivo's avatar

Can you take your medical marijuana from one state to another state that allows its use?

Asked by Mamradpivo (9625 points ) October 24th, 2010

Let’s say you’re flying from Colorado (a dispensary state) to California (another dispensary state). Can you transport your medicinal marijuana that’s approved for use in Colorado? Does the authorization to use pass from state to state?

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9 Answers

funkdaddy's avatar

Unless you mean “transport” in the “Beam me up Scotty” sense…. no.

The federal government and the states in between would likely have a problem with it. Transporting can be seen as worse than consumption.

MyNewtBoobs's avatar

If the state really is Colorado, no. Colorado MMJ laws do not have any contracts with other states allowing the transfer of MMJ licenses. If you’re moving, you need to get another one in the state you’re moving to. If you’re just visiting, you’ll have to do without for a little while.

lillycoyote's avatar

What @papayalily said. One more reason why this whole business is so ridiculous. If I have any legally prescribed medication used to treat an illness, I can travel from state to state with my little amber bottle of pills with no problems or worries at all.

WestRiverrat's avatar

No you will likely be stopped at the airport and arrested. The federal government does not recognise MMJ laws.

Mamradpivo's avatar

@papayalily I’m not a card-holder, I’m just generally curious after a conversation I had this evening at dinner. It turns out, from the answers I’ve gotten, that the law is just as stupid as I’ve always thought.

MyNewtBoobs's avatar

@Mamradpivo It’s not stupid (imho). It’s a lot more that it’s new law, and the state-transfering is more something that happens when there’s old law to be built upon.

Kraigmo's avatar

Transporting marijuana across state lines makes marijuana a federal issue. Once any item crosses state lines, it is subject to Article I, Section 8, Clause 3 of the U.S. Constitution, which gives the feds authority to regulate such things, trumping the states’ rights to regulate, once the item leaves any given state.

All of the laws that legalize medical marijuana are State laws, aside from Washington D.C. the city.

If you keep the marijuana you purchase in the state you bought it from, the feds due not have Constitutional authority to bother you. (Although they do have federal statutory authority, but these statutes conflict with the 9th and 10th amendments). President Obama has promised to keep the DEA out of states that have legalized medical marijuana, so long as the medical marijuana users and sellers are obeying state laws. Many California airports (such as Oakland, San Francisco, and Burbank), however, do allow medical marijuana, and they do not notify the destination airport if you declare your marijuana and show your doctors note.

Silver1937's avatar

I live in State of Washington and I travel to Texas one time a yr I drive, so I thru ,Or, Nv, Co, Nm, can I use mmj in Texas

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