If we live in a state that has legalized medical marijuana, what are his right to use it in another state?

UPDATED: Oct 1, 2022

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If we live in a state that has legalized medical marijuana, what are his right to use it in another state?

My husband lives in CA and has a permit to use medical marijuana. He is currently in NY working at a temporary job; he will be there for a few weeks. Can I legally mail his pipe and marijuana to him in NY?

Asked on January 14, 2018 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Don't do this.
1) One state is not obligated to honor another state's decisions regarding medical marijuana: legal in CA doesn't automatically mean legal in NY.
2) Marijuana is still illegal under federal law and the current U.S. Attorney General (Jeff Sessions) is staunchly anti-marijuana. Sending marijuana through the mail and/or across state lines could be a federal crime.

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