Which States Recognize Out Of State Medical Marijuana Patients?
A question that I have been getting more and more lately is ‘If I’m a medical marijuana patient in my home state, are there other states that I can travel to that recognize my medical marijuana card?’ This was a question I wondered when I was a medical marijuana patient in the Oregon Medical Marijuana Program (OMMP) and I was looking into taking a vacation.
The quick answer is yes, there are other states that consider you a medical marijuana patient. It’s a term called ‘reciprocity.’ States have ‘reciprocal agreements’ with other states in certain areas. The most common example is reciprocal agreements to recognize out of state driver licenses. When you travel to another state, you are a valid driver so long as you are a valid driver in your home state. But unlike driver licenses, not all states recognize medical marijuana cards. Obviously in states that have no medical marijuana program, your card is invalid. Of the twenty states that have medical marijuana laws, only a handful recognize out of state patients.
I think California NORML has one of the best summaries of this area of public policy:
Arizona and Montana have reciprocity in their medical marijuana laws. Maine allows out-of-state patients to exercise their rights for 30 days. Rhode Island respects out-of-state recommendations for any “debilitating medical condition.” Michigan accepts medical cards from states that also have reciprocity (California’s doesn’t). Vermont allows recommendations from neighboring states for Vermont residents only.
The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).
When you are in another state that recognizes your card, remember that you are now under the jurisdiction of the state you are in. i.e. your possession limits are not what they were back home, they are whatever the state’s laws are that you are in. If you want to know more about flying with medical marijuana, you might find this article useful – click here.
Via: Weed Blog Policy