It is not unusual for medical cannabis patients to ask whether their medical cannabis cards are good in other states. What they are asking is a basic question of reciprocity. It is a valid question given that state reciprocity exists in other areas. So where does medical cannabis stand in all of this?
The Basics of Reciprocity
State reciprocity is a legal doctrine dictating that one state recognizes the legal rights bestowed on residents of other states. The most practical example is the driver’s license. All 50 states and the District of Columbia practice reciprocity. Therefore, if you have a valid driver’s license in your home state, the rest of the states and DC recognize your legal right to drive in their jurisdictions.
Reciprocity makes a lot of sense here. It would be foolish to require drivers to obtain licenses in every state they intend to travel in. Imagine the nightmare of taking a road trip for your annual vacation. Because of reciprocity, separate licenses are not necessary. A driver’s license from one state is good across the country.
Medical Cannabis: Zero Reciprocity
In terms of medical cannabis, there are basically two options right now: zero reciprocity and limited reciprocity. Zero reciprocity is pretty straightforward. A state that practices it does not honor medical cannabis cards from other states. Utah is a zero-reciprocity state.
It is illegal to bring medical cannabis into Utah from other states. It is also illegal for anyone to purchase medical cannabis in the state without a valid state-issued medical cannabis card. Fortunately, as explained by the operators of the Beehive Farmacy in Brigham City, temporary visitors to Utah are not out of luck completely.
Utah offers the non-resident medical cannabis card. Visitors can apply for the card in advance of their travel by specifying the dates they plan to be in the Beehive State. A visitor card is good for 21 days and visitors can apply for two cards per year.
That exception aside, Utah does not allow the sale and possession of mental cannabis within its borders based on possessing a medical cannabis carved from other states. Someone holding a card from Arizona cannot purchase medical cannabis from Beehive Farmacy using that card.
Medical Cannabis: Limited Reciprocity
The other option right now is limited reciprocity. A limited reciprocity policy dictates that a state recognizes and honors medical cannabis cards from other states, but with limits. For example, Alabama offers limited reciprocity to Florida medical cannabis card holders. They allow purchasing medical cannabis with a Florida card but only for specific conditions.
Other limited reciprocity states include:
- Arizona
- Arkansas
- California
- Maine
- New Jersey
- Rhode Island
It’s worth noting that limited reciprocity doesn’t necessarily work in both directions. Let us go back to Alabama. While it offers limited reciprocity to Florida residents, Florida is a zero-reciprocity state. Alabama card holders still cannot use their cards in Florida to purchase medical cannabis.
Full Reciprocity
As far as I know, no states with medical cannabis programs offer full reciprocity. This is likely due to ongoing federal restrictions. States do not want the legal liability that could result from full reciprocity creating a shadow industry between cooperating states. I’m guessing full reciprocity will be implemented if Washington ultimately moves cannabis to Schedule III of the Controlled Substances Act.
If you are a medical cannabis user and plan to travel to another state, check the reciprocity laws before you go. Even if you are visiting a state without reciprocity, you may still be able to purchase and use medical cannabis with some sort of visitor card.