What Is Medical Cannabis Reciprocity?
Medical marijuana reciprocity simply refers to whether or not each state has reciprocal (equal) laws with regards to whether patients can legally purchase medical marijuana when they are not in their home state where the card was issued. Some states have reciprocity with other states, but others require tourists to get a new card which is only valid in the state where they are traveling to.
What States Have Reciprocity With New York?
Every state is different, laws vary widely, please read carefully. Below you will find states with specific requirements, laws, and registration processes. Lastly, we have listed all states where both medical and recreational marijuana sales, possession and consumption are legal for visitors and residents.
State law allows a visiting qualifying patient with a registry identification card or its equivalent, issued by the qualifying patient’s home state, to possess or use marijuana. However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana. For more information, visit Proposition 203, Chapter 28.1, 36-2801 Sec 17. Visiting Qualifying Patients and https://www.azdhs.gov/licensing/medical-marijuana/index.php
Only Arkansas residents are eligible for the Registry ID card for the Arkansas Medical Marijuana Program. You may apply as a visiting patient. See the visiting patient application here. A visiting patient application is $50.00 (non-refundable). If approved a visiting patient may purchase medical marijuana in Arkansas for a 30-day period, per application. “Visiting qualifying patient” means a patient with a qualifying medical condition who is not a resident of Arkansas or who has been a resident of Arkansas for less than 30 days and who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States and pertains to a qualifying medical condition under this section. For more information, visit https://www.healthy.arkansas.gov/programs-services/topics/medical-marijuana
While California does not have a dedicated reciprocity program for patients with out-of-state medical marijuana cards, they do allow out-of-state visitors to apply for a California medical cannabis card to make legal purchases from medicinal dispensaries. For more information, visit https://www.cdph.ca.gov/Programs/CHSI/Pages/MMICP-FAQs.aspx
Until dispensaries are operational, it seems as though visiting patients who are at least 21 years old would have to attempt to procure gifted cannabis from those who cultivate it at home and that minors would be unable to access it. While minors can be registered as patients, the 2019 cannabis legalization law does not provide for the transfer of cannabis to those under the age of 21, regardless of patient status. Once disperies are open, access to medical cannabis will become easier for visitors.
In 2018, Guam’s medical cannabis law was amended to remove the residency requirement for qualified patients. Visiting patients may register with the DPHSS by obtaining a written certification from a Guamanian healthcare practitioner, completing a qualified patient registration form, and paying the $15 registration fee. Cards will not be required to participate in the program. For more information, visit https://dphss.guam.gov/medical-cannabis-information-2/
For a $49.50 application fee, out-of-state patients can apply for registration up to 60 days before visiting. Using an online registration system, qualified patients can quickly obtain an electronic registration card. The state requires applicants to submit an ID and their medical cannabis registration from their home state. This system allows out-of-state patients to register before arriving in Hawaii, so they can purchase from certified dispensaries once they are in the state. The registration card is valid for 60 days, and patients can apply twice in a calendar year. For more information, visit https://medmj.ehawaii.gov/medmj/welcome
A qualifying visiting patient may purchase up to 2.5 ounces of a combination of medical marijuana and marijuana products every 15 days while visiting the state. The following states have provided the Office of Marijuana Policy with sufficient information to allow qualified medical marijuana patients visiting Maine to use their state-issued medical marijuana patient credential to obtain medical marijuana while visiting Maine: Alaska, Arizona, Arkansas, California, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Rhode Island, Vermont, Washington, and Washington, DC. For more information, visit https://www.maine.gov/dafs/omp/medical-use/certification-process/visiting-patients
If a patient from out of state is in Maryland for medical treatment, they can register to receive medical marijuana, but the state does not recognize out-of-state medical marijuana cards. For more information, visit Maryland Medical Cannabis Commission: Registration.
Michigan treats medical marijuana visitors the same way they treat locals; possession of up to 2.5 ounces is legal in the state as is consumption *if* consumption is kept low-key. Public consumption is strictly prohibited. You might be able to purchase medical cannabis from a dispensary with an out-of-state card, but it is up to the shop so be sure to call around before visiting. For more information, visit https://www.michigan.gov/documents/marijuana/UPDATED.12.10.2018_Visiting_Qualifying_Patients-_Out_of_State_Registration_640525_7.pdf as well as http://www.legislature.mi.gov/(S(llp2kqhfexg5bu0hlnoei3q1))/mileg.aspx?page=GetObject&objectname=mcl-333-26424 and also https://www.michigan.gov/mra/0,9306,7-386-79575—,00.html
Out-of-state medical marijuana patients can use their medical marijuana registration card to purchase medical marijuana (and save around 10 percent on cannabis tax). For more information, visit http://dpbh.nv.gov/Reg/MM-Patient-Cardholder-Registry/MM_Patient_Cardholder_Registry_-_Home/
You are only legally allowed to possess cannabis for medicinal purposes, so no purchasing within the state. For more information, visit He-C 401.16 Visiting Qualifying Patients and https://www.dhhs.nh.gov/oos/tcp/
On August 5, 2019, a New Mexico judge ruled that the state’s Department of Health has to issue medical cannabis cards to non-residents because of how the state redefined “qualified patient” when it amended the Compassionate Use Act in March 2019. However, the Governor, Michelle Lujan Grisham, has intervened in this lawsuit on the premise that it was not the intent of the New Mexico regulations to allow any non-resident to obtain a medical cannabis card in the state. Rather, the intent was to provide a traditional reciprocity program through which residents from other states could access New Mexico’s program with a registry ID card or its equivalent from another state. This case is ongoing, so it is important to follow updates on the New Mexico Department of Health’s website. Reciprocity regulations must be in place by March 1, 2020.
A medical marijuana temporary adult patient license allows an individual with a valid medical marijuana license from another state to legally buy, use, and grow medical marijuana and medical marijuana products in Oklahoma. For more information, visit http://omma.ok.gov/temporary-adult-patient-application-information1
At this time Pennsylvania does not have a medical marijuana reciprocity program. However, the Pennsylvania Department of Health has begun a process of implementation. For more information, visit https://www.health.pa.gov/topics/programs/Medical%20Marijuana/Pages/Medical%20Marijuana.aspx
The US territory of Puerto Rico has an emerging medical cannabis industry that is welcoming to visiting tourists who possess valid medical marijuana cards from their home states. Puerto Rico allows medical cannabis reciprocity and sales to any registered U.S. patient. For more information, visit http://www.salud.gov.pr/Pages/Home.aspx and https://www.fns.usda.gov/contact/puerto-rico-department-health and http://www.bdopr.com/en-gb/insights/tax/tax-alert/medical-cannabis-in-puerto-rico-and-taxation
If you have an out-of-state cannabis authorization, be sure to check-off the following boxes before you attempt to purchase cannabis in Rhode Island:
Bring two forms of government ID.
You must be in a state database that tracks sales (WA, OR, CA, NV, AK, HI, MT, CO, NM, ND, AR, IL, MI, OH, PA, NY, MD, DE, RI, MA, & DC).
You’ll be limited to 2.5 ounces or an equivalent concentrate form every 15 days.
For more information, visit The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act § 21-28.6-4 (n) and https://health.ri.gov/healthcare/medicalmarijuana/
Marijuana, both medical and recreational, is legal in D.C., so long as you are an adult over 21. Possession limits are one oz of flower, 16 oz of edibles, 72 oz of liquid and 7 oz of concentrate. For more information, visit https://dchealth.dc.gov/sites/default/files/dc/sites/doh/page_content/attachments/Reciprocity%20Chart%20-%20Functionally%20Equivalent%20-%204-11-18.pdf and https://dchealth.dc.gov/service/medical-marijuana-program-patient-applications
States with legal recreational marijuana: