Wednesday, September 30, 2020

Will My Medical Marijuana Card Suffice Out of State?

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You will recall that you had to provide proof of your residency in Oklahoma as part of the process of obtaining your marijuana ID card. Now that you have a card, can you use medical marijuana out of state or even abroad.

The short answer is it depends on the state here in America but definitely not when abroad. Laws in the other states are constantly being adjusted insofar as marijuana is concerned. If you are traveling abroad, you need to be even more careful. Even prescription medicines that are legal in your state may not be okay in some other jurisdictions – and this is even more so with marijuana.

It is worth noting, for example, that it is illegal to transport marijuana from Canada to the US. It matters not if the destination state has legalized marijuana. Offenders can face up to 14 years in a Canadian prison for their troubles.

The Pressure to Leave your Medicine at Home

Holding an Oklahoma medical marijuana card removes the risk of prosecution under federal law, as long as no more than three ounces is being carried. Outside Oklahoma, some states are okay about the medicine as long as the ID card can be produced to prove being a patient in need. Then there are other states that do not recognize other state’s ID cards, meaning one could run the risk of arrest. Muddying the waters even further are county level regulations, which may not always be the same.

Either way, know that it is illegal to take marijuana products out of the jurisdiction in which they were purchased. This itself is enough to discourage most patients, many of whom just decide to leave their medicine at home if they are only going on a short trip.

What about Law Enforcement?

As law changes to allow the use of medical marijuana are relatively recent and consistently being changed, it will come as no surprise to find that the attitude of law enforcement officers may not be in complete agreement with your understanding of what is allowed.

For example, if you are pulled over, you are within your rights to refuse consent to be searched. If you agree, whatever an officer finds may be used against you. If you refuse a search, then this may not be the case. Just ensure that you show your patient card as proof that you are allowed to carry medical marijuana.

Common sense also applies. Don’t leave the medicine where it can be seen or use them in an inappropriate location.

Out of State Users in Oklahoma

Travelers with a valid card for medical use from another state can apply for a temporary permit to use medical marijuana in Oklahoma. The temporary license will only last for 30 days and cannot go beyond the expiry date on their home state card.

To get a temporary ID card, a person must apply online and provide a digital color copy of the front and back of their medical marijuana license, a digital color copy of a recognized identity document, and a clear color full-face digital photograph. The cost is $100.

The applicant must allow 14 days for the license to be processed and sent to them. If the cardholder is buying medical marijuana from a dispensary, he or she will need another form of identification as well as the card. Law enforcement might expect a second form of identity to prove that you can legally use medical marijuana.

All the above demonstrates just what ID cardholders face if wanting to use medical marijuana when traveling.

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