As long as you’re properly licensed to transport marijuana for sale, can you transport it to another state as long as that state has also legalized marijuana?
As you can probably guess, the answer is no - and the reason is because cannabis is still a federally restricted substance (put in the same category as heroin and LSD in the Controlled Substances Act).
What if both states have legalized marijuana?
Even if both states have legalized marijuana, it still doesn’t matter because by crossing state lines, you fall in the jurisdiction of the federal government. It’s the actual act of crossing the state border that puts you at risk.
Federal law says that marijuana is illegal. Period. But it’s still a matter of enforcement. Even though some federal authorities may imply that they will turn a blind eye and allow state initiatives to determine things for now within the state, the federal government will enforce the laws where they have jurisdiction – such as when things cross state borders.
What happens if you do cross state lines?
If you knowingly or unknowingly cross state lines while transporting cannabis, you fall under the jurisdiction of the federal government and are committing a federal crime by possessing, buying or selling marijuana.
Penalties can include a misdemeanor charge, punishable by one year in prison and a minimum fine of $1,000.
What about individual state laws?
You’d also be subject to any state laws that apply.
Keep in mind that what’s legal in one state, may not be in a neighboring state.
Take Oregon for instance. Oregon Gov. Kate Brown recently signed into law several cannabis policy updates, including one that contains language legalizing the inter-state trade of cannabis products.
Each state has its own laws regarding cannabis and cannabis transport. If cannabis is legal in the state, you will need a valid license as well as to be aware of the strict requirements when transporting cannabis for sale.
Did you know that the cannabis product must also be stored, secured, and separated? As a transporter, cannabis goods must only be accessible by the licensee, their employees and contractors. Cannabis goods are also only allowed to be transported inside of a vehicle or trailer and can’t be visible or identifiable from outside of the vehicle or trailer.
Which means you’ll need a way to transport your product securely and legally.
Discover the mistakes you might be making when transporting cannabis for sale and avoid getting ticketed or other disciplinary actions.
And remember, you can’t legally transport cannabis across state lines – even if its legal in both states.
Nor Cal Vans designs and builds transportation solutions that change people’s lives. We offer new and used secure transport van conversion options for the safe and legal transport of your product. We’ve been solving transportation needs for nearly four decades and strive to hold true to our values of teamwork, trust, accountability, growth and a positive attitude.