What if I Get Stopped With Cannabis and Forgot My Card?

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Elena

07/09/2023
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A medical marijuana (MMJ) card is the only way to access cannabis legally in many states. And MMJ cardholders may benefit from higher possession limits and more potent products, even in states with recreational laws.

Therefore, cardholders must keep their MMJ card with them when traveling with medical cannabis. It could make all the difference if the police decide to search you or your vehicle.

But what if you get stopped with cannabis and forgot your card? This article explores the possible consequences and how to avoid them.

The Benefits of Having an MMJ Card

The primary benefit of having an MMJ card is that it allows you access to cannabis if you have a qualifying medical condition as determined by your state’s MMJ program.

It gives you legal protection in states where recreational cannabis is not permitted or those with different possession laws for recreational and medical cannabis.

In some places, having an MMJ card is the only way to purchase cannabis without breaking the law. And even in states with recreational laws, an MMJ card can mean higher possession limits and more potent products.

It also makes medical cannabis available to minors, provided they have a qualifying condition and a parent or guardian acting as a caregiver.

Finally, medical cannabis is often more affordable than recreational as it is not subject to the same taxes.

All of these factors mean that getting a card is usually worthwhile if you are eligible. The application process is relatively simple in some states, and those that permit telemedicine make it even more straightforward.

An increasing number of states are now issuing digital cards, making it less likely that you will lose your card or forget to bring it with you when traveling. However, some still use physical cards. If you are traveling with medical cannabis and forget your card, there could be serious consequences.

The next section explores what might happen in this situation and aims to answer the question, “What if I get stopped with cannabis and forgot my card?”.

Traveling With Medical Cannabis

It is illegal to cross state lines with cannabis as it is still a federally illegal drug. This is true even if you have an MMJ card and travel from one state with a medical cannabis program to another.

Some states have reciprocity, meaning that MMJ cardholders may be able to purchase cannabis legally in the state they are traveling to. However, the rules differ significantly from state to state, so it is essential to research this before traveling.

Even if you are traveling within your home state, you will still need to keep your MMJ card with you if you are in possession of marijuana. If you are stopped with cannabis and forgot your card, there could be serious ramifications.

What If I Get Stopped With Cannabis and Forgot My Card?

If you are traveling with cannabis and forgot your card, you potentially face legal action and incarceration if you get stopped by the police. However, in reality, what will happen depends on several factors.

For example, if you live in a state with recreational laws, are over 21, and are in possession of a small amount of cannabis, you should have nothing to worry about. However, if you have more cannabis than is permitted by the adult-use program or are a minor, you could be in trouble.

You may be able to persuade the officer to give you a chance to prove you are a certified MMJ patient, but this is not a reliable method. Therefore, it is best to ensure you have your card on you at all times when traveling with medical cannabis.

The following section is a brief overview of the medical and recreational possession limits in various states.

Medical and Recreational Possession Limits

The table below summarizes the medical and recreational possession limits when traveling in each state.

Please note that some states permit larger amounts of cannabis to be kept in the home. Some states have also decriminalized small amounts of marijuana, which is not the same as legalization.

Furthermore, cannabis laws are constantly changing. Please check online for the most up-to-date legislation in your area.

State

Medical

Recreational

Alabama

 “70 daily doses”

Illegal

Alaska

 1 oz

 1 oz

Arizona

 2.5 oz

 1 oz

Arkansas

 2.5 oz

Illegal

California

 8 oz

 1 oz

Colorado

 2 oz

 2oz

Connecticut

 5 oz

 1.5 oz (or 5oz locked in a vehicle’s trunk)

Delaware

 6 oz

 1 oz

Florida

 15 oz

Illegal

Georgia

Low-THC CBD oil (<5% THC)

Illegal

Hawaii

 4 oz

Decriminalized up to 3 g

Idaho

Low THC CBD oil (<0.1% THC)

Illegal

Illinois

 2.5 oz

 30 g (1.1 oz)

Indiana

Low-THC CBD oil (<0.3% THC)

Illegal

Iowa

 4.5 g of THC

Illegal

Kansas

THC-free CBD oil

Illegal

Kentucky

An “uninterrupted 30-day supply”

Illegal

Louisiana

A “30-day supply”

Decriminalized up to 14 g

Maine

 2.5 oz

 2.5 oz

Maryland

 4.2 oz

 1.5 oz

Massachusetts

 10 oz

 1 oz

Michigan

 2.5 oz

 2.5 oz

Minnesota

 2.5 oz

 2 oz

Mississippi

 3 oz

Decriminalized up to 30 g

Missouri

 6oz

 3 oz

Montana

 1 oz

 1 oz

Nebraska

Low-THC CBD oil (<0.3% THC)

Decriminalized for first offense

Nevada

 2.5 oz

 2.5 oz

New Hampshire

 2 oz

Decriminalized up to 21 g

New Jersey

 3 oz

 6 oz

New Mexico

 8 oz

 2 oz

New York

A “60-day supply”

 3 oz

North Carolina

CBD oil

Decriminalized up to 1.5 oz

North Dakota

 3 oz

Decriminalized up to 14 g

Ohio

A “90-day supply”

Decriminalized

Oklahoma

 3 oz

Illegal

Oregeon

 24 oz

 2 oz

Pennsylvania

A “90-day supply”

Decriminalized in Philadelphia and Pittsburg up to 30 g

Rhode Island

 2.5 oz

 1 oz

South Carolina

Cannabis oil (<0.9% THC)

Illegal

South Dakota

 3 oz

Illegal

Tennessee

Cannabis oil (<0.9% THC)

Illegal

Texas

Low-THC CBD oil (<1% THC and at least 10% CBD)

Illegal

Utah

 4 oz

Illegal

Vermont

 2 oz

 1 oz

Virginia

 4 oz

 1 oz

Washington

 3 oz

 1 oz

Washington DC

 8 oz

 2 oz

West Virginia

A “30-day supply”

Illegal

Wisconsin

CBD oil

Illegal

Wyoming

CBD oil

Illegal

What If I Get Stopped With Cannabis and Forgot My Card? Final Thoughts

As you can see, many states have higher possession limits for medical vs. recreational cannabis, while others do not permit recreational cannabis at all.

If you are traveling with cannabis and forget your card, you could face legal action. Therefore, it is critical to keep it with you at all times.

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