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Traveling? Be Aware of the Marijuana Law Changes By State

Posted on in Criminal Defense

San Jose criminal defense attorneyIn San Jose and throughout California, you can legally possess marijuana for both recreational and medicinal use. While there are restrictions on the amount that you can cultivate or have on you, you can travel freely with it along the West Coast. Unfortunately, this can lull both locals and visitors into a false sense of security. Marijuana and related products are still illegal under federal laws and many states still have tight regulations regarding its use. If you plan on traveling in the next few months or are leaving the Bay area to return to another state, you need to be aware of the laws that apply to avoid facing criminal drug possession charges.  

Marijuana Laws State By State

The Golden State legalized marijuana for medicinal use more than 20 years ago while recreational use just became legal in 2012. If you travel to other areas of the west coast, such as Oregon and Washington, you will find similar laws in place. However, once you head east, the situation changes. 

According to the latest state cannabis program maps from the National Council of State Legislators (NCSL), marijuana laws represent a patchwork in terms of varying policies. The varying classifications and the states in which they apply include: 

  • Legal for medicinal and recreational use: AK, CA, CO, DC, IL, MA, MI, OR, NV, VT, WA;

  • Comprehensive medical marijuana program: AR, AZ, DE, FL, IA, LA, MD, MN, MO, MT, ND, NH, NJ, NM, NY, OH, OK, PA, RI, UT, WV;

  • CBD and Low THC programs: AL, GA, IN, KY, MS, NC, SC, TN, TX, VA, WI, WY; and

  • No public cannabis program (illegal for both recreational or medicinal use): ID, KS, NE, SD. 

The possible penalties for possession of marijuana in states where medicinal and/or recreational use is not permitted also vary. These can range from fines to a jail sentence of 30 days or more. 

Protecting Yourself When You Travel

If you are traveling by car and have marijuana with you, you will need to be cautious of the laws in any areas you may be passing through. If you are traveling by plane, it is important to keep these laws in mind as well. The Transportation Safety Administration (TSA) recently issued new guidelines restricting marijuana or cannabis-related products, such as CBD oils. Anything over .03 percent THC is illegal to take on a plane. Depending on where you are traveling and their restrictions, you may be able to take medically prescribed marijuana in your carry-on or checked bag. Be aware of the fact that just because you are from a place where it is legal is not a valid defense if you are arrested with marijuana in other states. 

Contact a San Jose Drug Charges Defense Lawyer

The laws for marijuana use have changed in the United Sates recently. Some states have legalized the use of medical or recreational marijuana, while others still have restrictions. If you are charged with illegal drug possession, either at home or while you are traveling, it can result in significant consequences depending on where you are. The Jachimowicz Law Group provides the aggressive legal representation you need. Call 408-246-5500 or contact our skilled San Jose criminal defense attorneys online and request a free consultation today.  


Source: http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx

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