Different states have different rules for use and possession of medical marijuana and recreational marijuana. The differences can make it hard to understand your rights if you travel to different states for work, for pleasure, or to visit friends and family. Do you need to take your medical marijuana card with you? Does it matter whether your marijuana is an edible product or a cigarette that you smoke? Are you okay if you fly from a legally safe state to another legally safe state?

We know you have many questions. We’ll try to provide some answers.

Marijuana usage laws in Maryland

According to Marijuana and the Law, a site that monitors marijuana laws nationwide, medical marijuana possession (subject to certain requirements) is legal in Maryland. Possession of small amounts of marijuana for non-medicinal users will result in a civil fine but not criminal drug charges. There is a recreational marijuana ballot initiative on the November 2022 ballot.

• Possession. Anyone who possesses 10 grams of marijuana or less will be subject to a civil fine of up to $100. Possession of between 10 grams and 50 pounds of marijuana is a misdemeanor crime punishable by up to 1 year in prison and up to $10,000 in fines. Possession of more than 50 pounds of marijuana is a felony that will result in a mandatory prison sentence of 5 years and $100,000. Other marijuana crimes that will result in felony charges include possession of marijuana with intent to deliver, drug trafficking, drug cultivation, and drug kingpin offenses.
• Medical marijuana. As of 2014, licensed dispensaries and growers of marijuana can provide medical marijuana to registered patients, provided a physician recommends its use. Doctors can approve medical marijuana for anorexia, cachexia, glaucoma, seizures, PTSD, chronic or severe pain, seizures, severe nausea, persistent or severe muscle spasms, and other severe chronic medical conditions where traditional treatments have been ineffective. Patients can receive a 30-day supply. The law does not permit edible cannabis products.
• Maryland Marijuana Legalization Amendment (2022). If voters approve this upcoming ballot measure, adults 21 and older will be allowed to purchase and possess up to 1.5 ounces of marijuana, while criminal penalties for possession up to 2.5 ounces would be removed. Adults would also be able to gift marijuana without remuneration and grow up to two plants at homefor personal use. People with prior-related cannabis convictions for any offense that would be legal if the ballot initiative is approved would be entitled to an automatic expungement. Anyone serving jail time for such offenses could seek resentencing.

Additional legislation was being considered to establish rules for the “cannabis industry, such as tax policy and licensing procedures, but lawmakers ultimately decided to revisit the issue in the event of a favorable vote in November and instead fleshed out HB 837 with amendments.”

What you need to know about marijuana when you leave Maryland

According to the Washington Post, understanding your rights when you travel to other states (or outside the country) can be confusing. If you don’t know the out-of-state rules, you could be fined or land in jail.

• What does federal law say about the possession and usage of marijuana? At the federal level, it is illegal to possess or use marijuana based on the Controlled Substances Act. Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA.”
• Can I fly with edible marijuana? It is illegal to fly with edibles, per the Post – “even if even if you’re in a state where cannabis is legal and the edibles were manufactured and sold in accordance with state law.”
• Can I take my legal marijuana across state lines? Currently, you cannot take marijuana across state lines. The Interstate Commerce Clause gives the federal government jurisdiction over the transport of goods, products, and services across state lines. Since federal law does not permit the use of marijuana for medical or recreational purposes, taking your medical marijuana to another state, or even the District of Columbia, could result in federal charges. You could also be charged by the law enforcement authorities in any state where the possession of marijuana is illegal.

The Washington Post states that TSA officers who see that you have marijuana are supposed to report you to law enforcement. As a practical matter, however, TSA officials are looking for more serious criminal activity. “The agency website even says ‘… TSA security officers do not search for marijuana or other illegal drugs.’” Likewise, dogs that patrol airports are looking for explosives. Targeting small amounts of marijuana is not their highest priority.

They also note that in many cases where TSA officials do notice a person has marijuana, the officials will turn the matter over to local law enforcement. Local law enforcement then, generally, asks the person who has the medical marijuana to get rid of it. Still, you take a risk if you take marijuana through an airport. If you meet a concerned TSA officer, you could be charged with a federal drug crime.

The Post article doesn’t address other issues, such as whether you can seek approval to use medical or recreational marijuana in a state outside of Maryland that does approve medical or recreational marijuana possession.

Look to Carey Law Office for experienced drug crime defense. We fight for defendants charged with drug crimes in Crofton, Bowie, and Calvert County. We represent clients charged with marijuana and drug offenses in federal courts and state courts. We’ll guide you through each phase of the criminal process, and work aggressively to dismiss drug charges and to obtain acquittals. We also negotiate plea bargains. If you’ve been charged with any drug offense, call today at 301-464-2500 or use our contact form to schedule a free consultation.