Can I Use My Medical Marijuana Card in Another State?
Posted By Salvador Phillips, PLLC || Oct 11, 2018
By a slight majority of 50.1 percent to 49.9 percent in the 2010 elections, residents voted in favor of Proposition 203 to legalize medical marijuana. Now, Arizona residents can obtain a medical marijuana card from a valid doctor if they show that it will help alleviate chronic pain, disorders or symptoms of cancer or cancer treatments. However, the federal government continues to define marijuana as an illegal Schedule 1 substance.
More and more states are passing statewide laws to legalize the drug as a medical substance. As of now, 30 states allow medical marijuana use, although the nuances of each state’s law vary. While Arizonans can use their medical marijuana cards within the confines of the state, there comes the question of whether a medical marijuana card can be used in other states where medical marijuana is also legal.
Using Your Out-Of-State Marijuana Card in AZ
Arizona is one on the border of many states. California to the west, Nevada and Colorado up north, and New Mexico to the east, so it’s a popular point of travel across the Southwest. Not to mention the state receives plenty of other visitors from across the country as well. In 2016 alone the state had over 43 million overnight visitors.
Arizona specifically will accept most out-of-state medical marijuana cards. This comes from a 2016 decision which started when state police pulled over California-resident Stanley Kemmish Jr., who had a California medical marijuana card. The Arizona Court of Appeals eventually ruled that it was legal for out-of-state visitors who possess doctor’s recommendations to use medical marijuana.
Arizona dispensaries typically do not allow people to use their out-of-state medical cards to buy it. This means that, while out-of-state visitors cannot buy legally at marijuana dispensaries, they can use it medically within the state and possess it without worrying about having it confiscated or legal repercussions. Arizona’s medical marijuana patient limits are 2.5 ounces.
Using Your AZ Marijuana Card in Another State
Most states, just as Arizona, usually allow out-of-state visitors to utilize their medical marijuana cards to use and possess marijuana, although they usually disallow visitors from buying it at in-state dispensaries. When visiting a state where recreational marijuana is legal, anyone (over 21 in most states) can purchase marijuana legally at a dispensary. Currently, the states that allow recreational marijuana use are California, Alaska, Colorado, Nevada, Oregon, and Washington.
Each state’s law on medical marijuana vary, so it’s important to check current legislation if you’re planning on traveling. Law enforcement crackdowns on drugs are severe and one of the most common reasons for arrest and incarceration. The experienced criminal drug defense attorneys at Salvador Phillips PLLC have years of experience working with individuals who have been arrested or charged with drug crimes. Let us help you with yours so that you can move on with your life.
Contact our drug defense firm today at (602) 842-6222 to discuss your possible case.