One would wonder whether it is possible or not, to transport or travel with marijuana from one State to another in the U.S now that most states have legalized its use within their jurisdiction and more are expected to follow suit. Whether you are a cannabis business owner, consumer or just a distributor, here are fundamental things that you need to equip yourself with as far as intra and interstate transportation and travel of cannabis is concerned.
- Intra-state transportation
This refers to the transportation and travel of people, goods and services within the boundaries of a state. In all states where cannabis has been legalized for either recreational or medical reasons and, or, both, transportation is also legal subject to fulfillment of certain legal licensing requirements as governed by the laws of each state.
- Inter-state transportation of cannabis
This is the transportation of cannabis and or its products from one State to another. Primarily, it is illegal to travel with cannabis in those states where marijuana is illegal regardless of whether it originates from cannabis legalized states or not. Secondary, while it is legal to do intra state transportation, inter-state distribution of cannabis remains illegal because local drug enforcement laws differ from state to state. In some states, to transport cannabis, it has to be locally grown or manufactured this mean that cannabis originating from other states is not welcome. Once again other standards like applying for a license and permit to transport cannabis across state lines, have to be met before inter-State distribution is allowed.
- Employer liability
In case of accidents leading to property damage and worse loss of life, the liability is passed on to the principle owner of the marijuana business. This is as long as it is established that the cannabis transporter acted within the scope of his duties. If this is not the case, the agent is liable to any liabilities that arise.
- Medical Cannabis patients
Both intra and inter-State transportation of Cannabis for medical purposes by people suffering different conditions is allowed in states where it is legalized. This however is not so in states where cannabis is illegal.
- The Federal law
The biggest restriction that makes it almost impossible to transport cannabis even in cannabis legalized states is the big brother- Federal drug laws. The federal laws have not legalized cannabis use be it for medical or recreational purposes. This means that caught by the federal agencies distributing cannabis would be a chargeable criminal offense at the mercy off the Controlled Substance Act (CSA). Very stiff fines are charged on those caught breaking federal laws and even worse jail terms are a possibility.
- Intra-state travel and transportation of cannabis has very few state legal restrictions if any.
- Inter-state transportation of cannabis has some restriction among states where cannabis is legal.
- Inter-state transportation of cannabis is illegal in states where cannabis is still illegal.
- Cannabis transportation whether Intra state or across state is illegal under the federal law.
- Consult an attorney before transporting cannabis even in states which have legalized cannabis.