The evolving laws surrounding medical marijuana in California are bringing a lot of question marks. Can medical be used outside of California? This article outlines everything California residents should know about using medical marijuana outside of the State.
State vs Federal law
Individuals travelling with cannabis may have to deal with federal law. Marijuana falls under the list of Schedule I drugs which means it is illegal. Individuals can’t sell, purchase, or possess cannabis according to federal law. However, state laws differ from federal laws which means cannabis is legal in your state but federally illegal.
Since federal law is more powerful than state law, it means that taking cannabis outside California is illegal. If you are caught with medical marijuana outside California, you will serve jail time. However, this will depend on your destination. Going to the middle east with marijuana can land you in big trouble. In case you fall a victim to such circumstances, you should talk to a criminal defence lawyer.
Medical Marijuana Remains a Schedule I Drug Federally
Drugs and controlled substances are classified by federal law under the Controlled Substances Act (CSA). Federal law notes that marijuana is a Schedule I drug, along with heroin and LSD. Schedule I drugs are those drugs that have no medical use in the United States. These drugs are not safe for use under medical supervision and have a high potential for abuse.
Despite doctors and health care professionals finding the medical use for cannabis, the federal government disagrees. Therefore, California residents you free to consume cannabis at home and avoid travelling with weed.
Travelling Between States with Marijuana
Each state has its own laws on growing, possessing, and consuming medical cannabis. Most states allow residents to possess, and use weed under the doctor’s supervision. However, travelling with cannabis is under the jurisdiction of the federal government. Even if cannabis is legal in your state, travelling across state lines is subject to federal law. A California medical marijuana card does not provide you a defence to transporting marijuana between states.
Flying With Prescription Medical Marijuana
TSA agents and law enforcement inside the airports usually check for terrorism and large-scale drug trafficking. However, if they catch you with marijuana, you may be subject to federal law. Airports generally fall under federal jurisdiction and therefore must respect every federal law.
If you try to bypass airport security with medical marijuana you could serve jail time. Even if a California doctor legally prescribes it to you, it’s still illegal federally.
Will I get caught with Medical Marijuana?
There are a lot of stories of California residents travelling across state lines with legal weed. But can medical be used outside of California? People even travel with THC extract without worrying thinking about the legality of cannabis. According to federal law, individuals travelling with cannabis run the risk of being arrested.
The amount of cannabis you travel with can determine your jail term. Heavy cannabis possession results in high prison sentences. However small possession can land you up to six months in prison.
A Medical Card Won’t Help You
Using your California medical card abroad won’t help you in any way. Therefore, can medicine be used outside of California, the answer is no.