Some states accept out-of-state medical marijuana cards, but laws vary considerably. Learn how reciprocity works.
Medical marijuana is now legal in more than 40 states, allowing thousands of eligible patients to access medical cannabis in their state of residence. Accessing medical marijuana as a nonresident, though, can be difficult. Some states’ medical marijuana programs are only open to residents. While more and more states have begun to recognize out-of-state medical marijuana cards, many don't offer full reciprocity. To stay on the right side of the law, you need to be diligent in researching how a state's medical marijuana law treats nonresidents.
State Registration Process for Medical Marijuana
State medical marijuana programs differ greatly, but most have similar registration requirements for patients seeking access to medical marijuana. Typically, to obtain a medical marijuana card, a patient must be a resident of the state, have a qualifying condition, obtain physician approval, pay a fee, and register with the state.
Resident patients with valid medical marijuana cards can purchase from in-state dispensaries and use marijuana legally under state law. Most states have daily or monthly possession and purchase limits. Different rules typically apply to nonresidents.
Can I Use My Medical Marijuana Card in Another State?
Some states offer reciprocity for visiting patients with an out-of-state medical marijuana card—but not all. Reciprocity refers to a state’s recognition of privileges granted by another state. For medical marijuana, this means that a medical marijuana state recognizes the validity of an out-of-state medical marijuana program. If offered, a state might extend full or partial reciprocity.
Full Reciprocity
Some states grant out-of-state patients the same privileges as resident patients, including the ability to purchase and possess medical marijuana with a valid medical marijuana card from their home state. That state's possession and purchase limitations will apply though.
Partial Reciprocity
Several states grant out-of-state patients with valid medical marijuana cards the same or similar privileges but only so long as their qualifying condition is recognized by both states. Others might set different purchasing and possession limits for nonresident patients as compared to resident patients. A few states recognize an out-of-state card only for purposes of possession (not purchasing).
Can You Get a Medical Marijuana Card in Another State?
Several states allow visiting patients to apply for a temporary medical marijuana card. To get a temporary card, a nonresident generally needs to fill out an application and pay a fee to the state they're visiting. They might need to present their home state medical marijuana card and information on their qualifying medical condition. Temporary cards generally allow nonresidents to purchase and possess medical marijuana for a set number of days (such as 10 days or 60 days).
Can I Bring My Medical Marijuana to Another State?
Traveling with marijuana—even medical marijuana—is a tricky proposition. Under federal law, all marijuana, including marijuana used for medical reasons, is illegal—whether you’re traveling across state lines or not. The state you're entering might also prohibit possession of medical marijuana obtained from an out-of-state dispensary. You'll want to know the specific laws of the state(s) you'll be in.
Recent policy shifts from the federal government suggest that patients who follow the rules of the state they're in won't be prosecuted for federal crimes. Even the TSA changed its guidance to permit medical marijuana in carry-on and checked bags. But these federal changes don't impact local enforcement for traveling with marijuana. You could face state criminal charges for unlawful possession. And when traveling by air, most airports prohibit possession of any type of marijuana on airport grounds. Airlines also prohibit marijuana on planes. So, it's generally best to leave your medical marijuana at home.
Recreational Marijuana as an Option in Some States
If you’re traveling to an adult-use state, you might have the option of purchasing recreational marijuana, assuming you are 21 or older. States that have legalized the recreational use of marijuana don’t require a purchaser to be a resident of the state. But it's important to know the laws of the state you are visiting. Rules about how, when, and where to consume legal marijuana vary from state to state and even from county to county. It’s also illegal under federal law to travel back to your home state with marijuana.
Talk to a Lawyer
This area of the law is changing rapidly. State marijuana laws are a confusing patchwork of regulations that vary from state to state. And it's unclear whether the new federal order impacting medical marijuana will survive legal challenges and how it will be implemented if it does. If you have questions about medical marijuana reciprocity between states and traveling with it, you should contact a lawyer.
