Your Guide to Medical Marijuana Laws

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Understanding the regulations concerning medical marijuana can be like navigating a maze. States around the country are loosening their marijuana laws for medical as well as recreational use. Marijuana, however, is still illegal under federal law. Also, just because you can legally use medical marijuana, it doesn’t mean it’s a free-for-all.

There are a lot of gray areas at the moment, not just with medical marijuana, but with marijuana use in general. For example, in some cities, you’ll see the decriminalization of marijuana, but it’s still not legal. Those cities might even be in states where marijuana is still criminalized.

It’s murky and very confusing for many since marijuana is still illegal in some states and nationally.

The following is an overview of medical marijuana and some of the most relevant legal questions people have related to the topic.

What is Medical Marijuana?

Medical marijuana is currently approved in 28 states, as well as the District of Columbia. However, some doctors and researchers worry not enough has been done to test its effectiveness and potential risks as compared to other pharmaceuticals.

Medical marijuana comes from the Cannabis sativa plant, and it has more than 100 cannabinoids, which are chemical compounds. When you use marijuana, these cannabinoids bind to different receptors in the brain and nerve cells.

THC and cannabidiol are the two most prevalent compounds in marijuana.

In some states, a doctor can prescribe marijuana if they feel it would be a good treatment option for you, and the dosages can vary depending on your symptoms and individual factors, as is the case with other medications.

Driving Under the Influence of Marijuana

One of the big issues related to the growing legality of marijuana not just medically but also recreationally, is how to deal with driving under the influence of marijuana.

With alcohol, there is a legal limit of 0.08 in most states, and you can be tested for alcohol use fairly easily. Marijuana is different because THC can stay in your system for days or weeks after you last used it.

If metabolites from marijuana are found in a chemical test, it doesn’t mean that you were using marijuana while you were driving or that you were high, but it could still be a legal issue.

Many states and law enforcement agencies are trying to figure out how to deal with changing marijuana laws in terms of driving while under the influence.

Employment Laws

Another legal issue is whether or not you can be fired for using medical marijuana. For example, there is a current news story in which a man from New Jersey is taking Amazon to court. The man, who was an Amazon warehouse worker, says he was fired for using medical marijuana.

According to the lawsuit, the man was prescribed marijuana for anxiety and panic disorder, and after his employer required him to take a drug test he was fired when it was positive. The man told Amazon representatives he was enrolled in the state medical marijuana program, but he was still fired.

The outcome of that lawsuit could tell us a lot about the future of medical marijuana and the growing legality of its use in employment law in the U.S.

Traveling with Medical Marijuana

Since marijuana is federally illegal, how does that affect travel and in particular, airline travel?

The Transportation Security Administration (TSA) recently updated its guidelines relating to air travel and medical marijuana. Their guidelines now say that CBD derived from hemp and medications with hemp are legal to fly with. You can also fly with FDA-approved medications that have CBD, including in your carry-on and checked luggage.

However, that doesn’t mean you can fly with your medical marijuana. CBD doesn’t have THC, so it’s not psychoactive.

Flying with certain products that contain cannabis, including some CBD oil with THC is still illegal.

If you were to be caught at the airport with marijuana, usually, you are prosecuted based on the state laws where you’re at the time instead of federally.

So, if you were going to travel with marijuana, you would need to check on the state laws in both airports where you’ll be going, but even then you may still face issues.

The general rule is that you aren’t legally allowed to travel with marijuana, and the officials where you’re at at the time can use their own discretion as far as whether to charge you and if so, what to charge you with.

In case you missed it: A Daily Dose Of Marijuana In Old Age May Keep Dementia At Bay

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Professor Mike

Professor Mike is a left-leaning, dog loving, political junkie. He has written dozens of articles for Substack, Medium, Simily, and Tribel. Professor Mike has been published at Smerconish.com, among others. He is a strong proponent of the environment, and a passionate protector of animals. In addition he is a fierce anti-Trumper. Take a moment and share his work.

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