Transporting Marijuana: Laws and Regulations

The legality of transporting marijuana primarily depends on state law. If marijuana is illegal in a particular state, transportation is also unlawful. In states where cannabis is legal, marijuana transportation laws vary. These laws depend on whether the transporter is a business or an individual.

States are slowly but surely legalizing or decriminalizing marijuana. At least 24 states and Washington, D.C., have legalized adult-use cannabis. And 38 have legalized medical marijuana. A handful of other states are leaning in the direction of legalizing recreational cannabis as well.

For those looking to break into the cannabis industry, it’s important to remember that each state’s cannabis laws are different. That includes different state agency regulations on the transportation of marijuana products.

This article breaks down the important legal issues related to transporting marijuana, both for businesses and personal use.

If you’re thinking of starting a THC product business or need help navigating changing state laws, consult with a cannabis business attorney in your state. If you find yourself facing criminal charges for unlawful transportation of marijuana or other drug charges, seek help from a criminal defense attorney right away. A local attorney can explain how your state’s laws apply to your unique circumstances.

Legalization vs. Decriminalization

First, it’s important to understand the difference between legalization and decriminalization. In jurisdictions that have legalized marijuana, people can grow, sell, and possess marijuana as long as they do so in compliance with state or local laws.

Decriminalization occurs when a state changes the legal penalties associated with a substance. At that point, certain acts are no longer subject to criminal prosecution. Yet even when a state decriminalizes possession or use of cannabis, it does not mean THC is legal in the state.

For example, Illinois has legalized the recreational use of marijuana. Before it did, it passed a decriminalization statute. Prior to legalization, if a person in Illinois had a small amount of marijuana, they would have faced a civil penalty. No criminal consequences, such as a misdemeanor or jail time, would happen.

Types of Marijuana and Cannabis Products

The federal Controlled Substances Act lists marijuana and cannabis as Schedule I. Schedule I narcotics are those with no known medical use and a high risk of abuse.

• Industrial hemp and CBD oil derived from hemp do not contain THC, the active chemical in marijuana, so they are not scheduled.
• CBD products that contain THC are Schedule I drugs.

Transportation, shipping, or mailing marijuana, cannabis, or THC products across state lines remains a violation of federal law. These products include:

• Cannabis, marijuana, hashish, and hash oil
• Cannabis-infused products, edibles, and beverages
• Vape products, cartridges, oils, and concentrates
• Cannabis plants, seeds, or flowers

Shipping or transporting any of these products across state lines violates federal laws. Transportation within state lines may violate state law, depending on who is transporting the items.

State Laws on Transporting Marijuana

Possession of marijuana in legal states is really only legal up to a point. In California, for example, you can possess and transport up to 28.5 grams of marijuana for personal use. However, more than that, plus evidence of intent to sell (without a business license) is a felony. Driving with a kilo of marijuana in your trunk is still a misdemeanor offense.

For these reasons, marijuana users and sellers should know the state laws regarding possession on the roads.

Personal Possession

Before you attempt to travel with any type of marijuana or cannabis, check your state laws about recreational and medical marijuana. In general, you can expect that:

• In states with recreational use, you can have up to the legal amount in your vehicle in a sealed container. This includes edibles and other products. You cannot drive under the influence of marijuana or any other narcotic. Minors may not transport any type of recreational marijuana.
• States with legal medical marijuana use generally require users to have a medical marijuana card at all times. As with recreational marijuana, users can have up to the legal amount in a sealed container, and cannot be under the influence if they are stopped by law enforcement.

In all states, having more than the legal amount for personal use may result in a criminal arrest. If the arresting officer believes you are impaired, you may receive a DUI/DWI charge. Some states, like Colorado, restrict transportation to drivers over 21 years of age.

Business Transportation

Since marijuana remains illegal under federal law, it cannot be transported across state lines. Cannabis retailers cannot use the US Postal Service or private companies like FedEx or UPS to ship products between states.

States with recreational marijuana laws allow the sale, cultivation, manufacturing, and distribution of cannabis. Each type of business operation requires a license from the state. Each state, and sometimes each city, has its own requirements for a distribution license. Some basic requirements can include:

• Delivery only between certain hours
• Vans or other motor vehicles cannot indicate that they are carrying or delivering cannabis products
• Drivers must be over 21 years of age
• Companies may only deliver to physical addresses (not to mailbox services)
• Companies must track all vehicles via GPS in real time

In California, distributors can receive licenses to transport to retail dispensaries or only between cultivators and manufacturers. Other states have similar laws for distributors and transport companies.

Crossing state lines or national borders is a violation of federal law, regardless of the driver’s state licensing.

Federal Laws on Transporting Marijuana

While several states have legalized marijuana, it’s still illegal under federal law. Transporting cannabis across state lines could result in federal criminal prosecution.

A hearing on the federal rescheduling of marijuana was set for January 2025 but was reset for a later date and is currently pending. As things currently stand, the federal government can prosecute a person engaged in a marijuana business that is otherwise legal under state law. However, enforcement has varied under different administrations.

The U.S. Drug Enforcement Agency (DEA) provides information explaining the penalties for drug trafficking. The penalty depends on the amount of marijuana being moved. It also depends on whether it’s a defendant’s first or second offense.

Questions About Transporting Marijuana Laws and Regulations? A Lawyer Can Help

Marijuana laws can be tricky to navigate. If you have questions about transporting legal marijuana, contact a cannabis business attorney. A lawyer with experience in the medical cannabis or recreational cannabis market can help you navigate the process. If you are facing a criminal charge for transporting cannabis, contact a criminal defense attorney immediately.