Ohio recently became the latest state to give the green light to recreational marijuana. As a result, some Kentuckians eligible to use medical cannabis are allegedly crossing the border to buy marijuana they will bring back into the state. But are they doing so illegally? Yes and no.
The question of carrying marijuana across state lines is a tricky one. There is no black-and-white answer one can apply to every situation. Why? Because federal in state statutes differ. Not only that, the laws in states that have already approved cannabis, in either recreational or medical form, are also subject to conflicts.
The Federal Stand
The federal stand on carrying marijuana across state lines is pretty clear. Doing so is illegal. Even though Congress has prohibited the DOJ from spending money on marijuana enforcement, federal law enforcement officials still have the authority to arrest and prosecute individuals who carry marijuana from one state to the next.
Incidentally, this is why most states prohibit marijuana commerce outside of their borders. Utah is the perfect example. All medical cannabis consumed in the state must be grown, processed, and distributed within Utah.
What Kentucky’s Law States
Kentucky gave the green light to medical cannabis back in 2022. Patients diagnosed with one of 21 approved medical conditions can purchase, possess, and consume cannabis for medicinal reasons. Approved conditions include cancer and PTSD. Interestingly, Kentucky is one of the few marijuana-friendly states that allow patients to bring in medical cannabis from elsewhere.
However, interstate transport comes with caveats. If Kentucky residents want to travel to other states to purchase medical cannabis, medical cannabis must be legal in those states. Furthermore, patients can only purchase and bring into Kentucky legitimate medical cannabis products. They cannot bring in recreational marijuana.
A medical cannabis patient from Kentucky would have to meet Ohio’s requirements from medical cannabis purchases in order to buy medicines and carry them across state lines. Any patient not meeting such requirements cannot legally purchase recreational marijuana from Ohio and bring it back to Kentucky.
No Interstate Transport at All
Kentucky is in a minority when it comes to interstate transport. Most states do not allow it at all, under any circumstances. This takes us back to Utah. The Beehive State has one of the strictest medical cannabis laws in the country.
According to the operators of Salt Lake City’s Beehive Farmacy, Utah regulations did allow patients to purchase medical cannabis products in other states during the first few months. This temporary exception was made so that patients would have access to their medicines while regulators worked out the details of Utah’s program. However, things have changed since then.
Patients are no longer allowed to bring medical cannabis into Utah from elsewhere. There are no exceptions. Even out-of-state visitors are not allowed to bring marijuana with them when they come. If they need access to medical cannabis, they must apply for a medical cannabis visitors card. That card gives a visitor access to medical cannabis pharmacies for up to 3 weeks at a time.
Recreational marijuana is outlawed in Utah as well. So someone who does not qualify for a medical cannabis card but still wishes to use marijuana medicinally is out of luck. It is illegal to buy recreational marijuana in a neighboring state and bring it into Utah.
Just the Way It Is
Federal and state laws relating to marijuana conflict on multiple points. That may frustrate consumers and patients, but it is just the way it is. Expect things to remain unchanged until Washington moves to decriminalize marijuana completely.
