Can I Be Arrested for Drug Possession if I Have Medical Marijuana?

Many states have legal medical cannabis programs. However, you may be charged with possession of marijuana in violation of state laws. Your state’s medical marijuana laws do not give you unlimited rights to use, possess, transport, or distribute marijuana. Depending on where you live, this may lead to a misdemeanor or felony possession of marijuana conviction.

Marijuana is still illegal under federal law. Even if a doctor legally prescribed it to you, you can face criminal charges for violating state drug laws. Consult with a medical marijuana criminal defense attorney if you are arrested for a drug crime.

State Medical Marijuana Laws and Possession

A growing number of states allow doctors to prescribe medical marijuana for specific conditions. However, obtaining a prescription or authorization is not always as simple. Each state has its own medical marijuana laws. These laws have additional guidelines and restrictions on possessing medical marijuana as well. You can find this in the state statute or code.

State statutes may limit how much medical marijuana you can have. Depending on your jurisdiction, the law may consider any quantity above the legal limit as criminal drug possession. Some states define the amount of marijuana you may possess by a 30-day supply. Other states have limits on the total ounces or grams.

State laws may restrict the form of medical marijuana. There may be a different amount for marijuana flowers, concentrates, or edibles. A few states forbid patients from growing their own marijuana. Marijuana growers could face criminal drug cultivation charges.

Several states require medical marijuana patients to register with the state and carry a medical marijuana card. Patients use these cards to purchase medical marijuana at dispensaries. Additionally, if police accuse you of illegal drug possession, you can use this card to show law enforcement your status. Failing to follow your state’s registration requirements might lead to criminal charges.

Differences in State Medical Marijuana Laws

Not all states have the same regulations and restrictions on medical marijuana. The amount of marijuana and the form it takes are both common differences, so it is vital to research the laws in the states where you are traveling.

Carrying a valid medical marijuana prescription card may allow you to avoid an arrest. Not all states recognize out-of-state medical marijuana cards. Some states won’t allow out-of-state residents to buy medicinal dispensaries. States may allow out-of-state buyers to use dispensaries if recreational or personal use is legal. Failing to follow the recreational marijuana may also lead to a drug possession charge.

Not all states allow medicinal marijuana. Regardless of your prescription, it is still marijuana possession in a state that does not allow medical marijuana. Be aware of state drug laws if you plan to purchase or use medical marijuana.

Possession in Low-THC States

A few states only allow cannabis products with CBD and low levels of THC. These states allow low-THC marijuana products for qualifying patients. Qualifying conditions may include multiple sclerosis, epilepsy, Crohn’s disease, and cancer. Possession of regular marijuana plants or drug paraphernalia can still be illegal in those states.

Federal Law and Drug Possession

Medical marijuana may be legal in some states. However, marijuana remains illegal under the federal Controlled Substances Act. Marijuana is a Schedule I drug under federal law, just like heroin or LSD. There can be severe criminal penalties for marijuana possession, including jail time and fines.

Possessing medical marijuana can lead to a federal criminal offense if it involves interstate travel. Driving across state lines with a controlled substance is illegal. This can lead to federal drug possession charges if you are pulled over by law enforcement. Another time you may run into this issue is when traveling with drugs on an airplane or by boat.

Defending Against Drug Possession Charges

Police officers still need probable cause to make an arrest. If the police arrest you without probable cause or conduct an illegal search, you may have a legal defense to drug charges. A criminal defense lawyer can represent you in court so you can avoid a criminal record. For more information on drug crime defenses, talk to a medical marijuana defense lawyer.