Can You Give Someone Marijuana as a Gift?
'Tis the season for giving, and some of you may be wondering if your gifts can be a little ... greener this year. And while we would love to give you a clear-cut answer on giving the gift of marijuana, the fact remains that pot laws and your ability to give someone pot as a gift will depend on where you, and that person, live.
So before you put a bow on that bud, here are some drug laws to keep in mind:
Currently the legal status of marijuana is a patchwork of varying state laws overlaid with a nationwide prohibition. (Although federal authorities have said they will allow states to prosecute their own drug laws, you should know that any marijuana cultivation, possession, or distribution remains illegal under federal drug laws.) And even among states that do allow recreational pot sales, regulations may differ:
- Alaska restricts plant possession: Residents may have six marijuana plants, but only three can be mature and flowering at one time;
- Colorado sales depend on your residency: Coloradans can purchase 1 ounce of marijuana, out-of-staters can only purchase half an ounce;
- D.C. doesn't allow sales: While you can possess up to two ounces of marijuana and up to six plants in the nation's capital, the district didn't legalize pot shops or sales;
- Oregon bans weed delivery: You can possess up to eight ounces of marijuana, but delivery of pot is a felony;
- Washington pot limited to in-store sales: The state hasn't approved home ownership of marijuana plants.
So don't do anything with weed this holiday season before you know the marijuana laws in your state.
More Marijuana Mandates
Obviously whether you can even legally purchase marijuana will be the first concern when it comes to giving pot as a gift, but even if you can buy it, there are some other restrictions and regulations you may want to be aware of.
First off, the feds are still in charge of postal service, so you can't just mail the marijuana to your friends or family. Second, there are legal limits on travelling with pot, and crossing state lines with marijuana is generally a no-no. So just because it's easier to get weed doesn't mean it's easy to give weed. While that special person may appreciate the gift of marijuana, make sure your giving is legal.
- Marijuana Legalization and Decriminalization Overview (FindLaw)
- Seven States Struggling With Medical Marijuana (FindLaw Blotter)
- Snoop Dogg Invests in Medical Marijuana Delivery Service (FindLaw's Celebrity Justice)
- Does Indiana's Religious Freedom Law Cover Marijuana Church? (FindLaw's Legally Weird)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.