Short answer
No. You cannot travel with cannabis between states under federal law. Federal law applies at every state line. Cannabis remains a Schedule I controlled substance under the Controlled Substances Act. Crossing a state border with cannabis is a federal crime. This is true even if both states have legalized cannabis for medical or recreational use.
state by state cannabis laws summary
Federal law
Marijuana is listed as Schedule I in the Controlled Substances Act (21 U.S.C. § 812). Schedule I drugs have no accepted medical use and a high potential for abuse. Federal law prohibits possession, transport, and distribution. State laws that legalize cannabis do not override federal law. The Supremacy Clause of the U.S. Constitution makes federal law supreme.
State lines
Every state border is a federal boundary. When you carry cannabis from State A to State B, you commit interstate transport. The federal government can prosecute. State legalization does not create a safe passage. For example, carrying cannabis from California to Nevada is illegal under federal law, even though both states allow recreational cannabis. The same applies to Oregon to Washington, or Colorado to New Mexico.
Air travel
Airports are federal facilities. TSA screening is a federal security process. TSA officers do not search for cannabis as a primary task. But if they find it during screening, they refer the matter to local law enforcement. Local police may then enforce state law. In some states, local law allows possession. But federal law still applies at the airport. You can face federal charges. TSA can also confiscate the substance. Do not pack cannabis in checked bags or carry-on bags.
Checkpoints
U.S. Border Patrol operates checkpoints within 100 miles of any U.S. border. This includes coastlines and international borders. At these checkpoints, agents can ask about citizenship and conduct searches. If they find cannabis, they can seize it and arrest you. Agricultural checkpoints in California and other states also screen vehicles. They may ask about plants and produce. Cannabis is not allowed.
Penalties
- Possession of any amount of cannabis: up to 1 year in federal prison and a $1,000 fine.
- Possession with intent to distribute: up to 5 years in federal prison and a $250,000 fine.
- Transport across state lines: federal trafficking charges may apply.
- Repeat offenses: higher penalties.
Federal sentencing guidelines consider the amount, prior record, and other factors.
Medical cannabis
A state medical cannabis card does not protect you under federal law. Federal agencies do not recognize state medical cannabis programs. You can still face federal charges. Veterans, federal employees, and people on federal property face additional risks.
Federal lands
National parks, national forests, and other federal lands are subject to federal law. Cannabis possession is illegal on these lands. This includes Yosemite, Yellowstone, and the National Mall. Even if the surrounding state has legalized cannabis, federal rules apply on federal land.
What to do
Leave cannabis at home. Buy cannabis in the state where you plan to use it. Do not carry it across state lines. Check local laws before you travel. If you are driving, do not consume cannabis before or while driving. Driving under the influence is illegal in all states.