Visiting Patients and Medical Cannabis Laws

Thirty-six states currently allow medical marijuana, and they are increasingly recognizing the need to protect patients who travel between medical cannabis states. Just as patients may take their prescriptions with them — and typically may fill prescriptions in states they are visiting — patients who benefit from medical cannabis need uninterrupted access while traveling, whether their travel is for relaxation, a Make-a-Wish® type trip, visiting family, or seeking medical care.

At least 12 medical cannabis states have some kind of protection for nonresident patients, while 18 states and the District of Columbia have made marijuana legal for all adults 21 and older. Because some states have protections both for visiting patients and for all adults, the total number of states with one of these types of protections is 26.

It is also important that states include these provisions so patients in new medical cannabis states can safely obtain cannabis in another state while waiting for dispensaries to be licensed in their own state.

We recommend the following policy in medical cannabis laws:

Patients and their caregivers from medical cannabis states qualify to both possess and obtain medical cannabis from dispensaries in medical cannabis states they visit. (States with limited lists of qualifying conditions may want to limit “reciprocity” to patients with a medical condition that qualifies under the visited state’s law.)
Protections for out-of-state IDs would only be available to nonresidents and to those who have lived in the state for no more than 180 days.

States with Some Protection for Nonresident Patients or All Adults

Note: This brief chart does not capture the nuances of the laws. Patients and adults should look into the details of the laws and consult with an attorney — and/or the state’s medical cannabis program — before assuming they will be protected by the law and to learn of limitations and state-specific rules.

State	Type of Protection
Alaska	All adults 21 and up may possess cannabis and may purchase cannabis.
Arizona	All adults 21 and up may possess cannabis and may purchase cannabis. Also, patients who are protected under other states’ medical cannabis laws and who have conditions that qualify under Arizona law may possess cannabis in the state.
Arkansas	Patients who are protected under other states’ medical cannabis laws may possess cannabis in the state and obtain it from dispensaries once they open.
California	All adults 21 and up may possess and purchase cannabis. Nonresidents may get a California doctor’s recommendation for in-state protections.
Colorado	All adults 21 and up may possess and purchase cannabis.
D.C.	All adults 21 and up may possess cannabis. Also, patients registered in other states may purchase medical cannabis at dispensaries (as long as the Department of Health has not determined that this will cause a shortage for D.C. patients). The District maintains a list of which states’ medical cannabis ID cards are accepted.
Hawaii	Patients who are protected under other states’ medical cannabis laws may get temporary ID cards allowing them to possess and purchase medical cannabis in Hawaii.
Illinois	All adults 21 and up may possess and purchase cannabis.
Maine	All adults 21 and up may possess and purchase cannabis once stores are open. Also, patients who are protected under other states’ medical cannabis laws may possess and purchase cannabis.
Massachusetts	All adults 21 and up may possess and purchase cannabis.
Michigan	All adults 21 and up may possess and purchase cannabis.
Missouri	Patients in possession of a valid medical marijuana registration card from another state are protected from criminal liability for possession of up to one ounce.
Nevada	All adults 21 and up may possess cannabis and may purchase cannabis. Also, patients who are protected under other states’ laws may possess and purchase medical cannabis; they must sign an affidavit to qualify.
New Hampshire	Patients who are protected under other states’ laws and who have conditions that qualify under New Hampshire law may possess cannabis in the state.
New Jersey	Any adult 21 or older may possess cannabis. Once adult-use stores are open, adults 21 and older may also purchase cannabis.
New Mexico	Any adult 21 or older may possess cannabis beginning on June 29, 2021. Once adult-use stores are open, adults 21 and older may also purchase cannabis. Also, individuals may use their medical cannabis ID card from another state, district, territory, or tribe to obtain cannabis from a New Mexico dispensary.
New York	Any adult 21 or older may possess cannabis. Once adult-use stores are open, adults 21 and older may also purchase cannabis.
Ohio	Ohio’s law allows the regulatory authority to enter into agreements with other medical marijuana states to provide access to their patients while in Ohio. The other states must have similar laws and also agree to accommodate Ohio’s own patients.
Oklahoma	Patients who can prove they are registered in another medical marijuana state may apply for and be issued a 30-day medical marijuana license.
Oregon	Any adult 21 or older may possess cannabis and may purchase cannabis from adult use stores.
Rhode Island	Patients who are protected in other states may possess medical cannabis in the state.
South Dakota	Nonresident cardholders are afforded the same rights as South Dakota registered patients, except that they are not permitted to cultivate cannabis. The Department of Health may require nonresident cardholders to submit documentation proving they are registered in another state. (Also, all adults 21 and up should be allowed to possess and purchase cannabis, pursuant to a November 2020 ballot initiative, but it is being challenged in court and has not yet taken effect.)
Utah	Out-of-state patients who have been diagnosed with a qualifying condition (according to Utah’s list, not their home state) and hold a valid medical marijuana registration card are protected from criminal prosecution for possessing marijuana in the forms acceptable under Utah law (e.g. flower must be in blister packs).
Vermont	All adults 21 and up may possess cannabis. Once adult-use stores are open, adults 21 and older may also purchase cannabis.
Virginia	Any adult 21 or older may possess cannabis beginning on July 1, 2021. Once adult-use stores are open, adults 21 and older may also purchase cannabis.
Washington	All adults 21 and up may possess and purchase cannabis.