Possessing a valid driver’s license gives you the legal right to drive in any state in the U.S. You can thank a legal doctrine known as ‘reciprocity’ for that. Reciprocity dictates that the states recognize similar licenses from other states and confers the same rights and responsibilities on holders of those out-of-state licenses. However, reciprocity does not apply to every kind of license. It certainly doesn’t apply to the medical cannabis card.
A medical cannabis card is a license of sorts. It is a license to buy, transport, and use cannabis medicinally. Most states with active cannabis programs offer no medical card reciprocity at all. A small number offer reciprocity with limits. The most important thing to understand is that a medical cannabis card does not offer the same type of interstate freedom you get with a driver’s license.
States With No Reciprocity
Florida, Louisiana, and Pennsylvania are three examples of states with no medical cannabis card reciprocity. Imagine you are traveling to Florida on vacation. Having a valid medical cannabis card from North Dakota would not allow you to walk into a Florida dispensary to purchase medical cannabis.
In order to purchase from a Florida dispensary, you would have to have a Florida resident card. And in order to get a resident card, you must reside in the state for a minimum of 31 consecutive days per calendar year. Such a short window for establishing legal residency is helpful for snowbirds who might live in the Sunshine State for only a few months out of the year. But it does nothing for vacationers who only visit Florida a week at a time.
States With Limited Reciprocity
Utah is one state offering limited reciprocity. Reciprocity is extended to temporary visitors as long as certain conditions are met. According to BeehiveMed, a Salt Lake City and Brigham City organization that helps patients obtain medical cannabis cards, the conditions are as follows:
- A visitor must be diagnosed with a condition on the state’s qualifying conditions list.
- The visitor must already possess a valid medical cannabis card from his home state.
- The visitor must apply for and receive a Utah non-resident medical cannabis card.
The reciprocity in this case is demonstrated in the fact that Utah recognizes the validity of an out-of-state medical cannabis card in its decision to issue a non-resident card. The out-of-state card affirms that a person is eligible to use medical cannabis.
Transporting Cannabis Across State Lines
Reciprocity is an important consideration to medical cannabis users for the simple fact that transporting cannabis across state lines remains illegal. This includes purchasing cannabis in a neighboring state where doing so is legal. Let us use Utah and Arizona as an example.
Utah’s cannabis program is medical-only. Arizona allows both medical and recreational consumption. However, even though a Utah resident could cross into Arizona and purchase recreational cannabis with no questions asked, he could not carry the cannabis home to Utah. Crossing back into his home state while in possession of cannabis is illegal.
This can create quite a burden for medical cannabis patients who enjoy traveling. It often comes down to a question between reciprocity and whether a patient can make do without his medications while out-of-state.
Future Reciprocity Is Possible
Medical cannabis reciprocity is extremely limited right now because of federal law. But should rescheduling or complete legalization ever become reality, full reciprocity is possible. Perhaps a decade from now, people will transport and consume cannabis across multiple states as easily as they currently do alcohol. We will have to wait to see what happens.