Can you buy weed legally out of state and bring it back to PA? Here’s what the law says
Recreational marijuana use is legal in five of the six states that border Pennsylvania, but only medical marijuana is allowed in the Keystone State for now.
The ever-changing landscape for cannabis and its legality is often complicated, and traveling across state lines with marijuana can raise even more questions. After all, weed remains illegal at the federal level, and recreational marijuana use is legalized in only 24 states.
Here’s what you need to know about traveling across state lines with marijuana in Pennsylvania.
Which states near Pennsylvania have legal weed?
Delaware, Maryland, New Jersey, New York and Ohio all permit recreational marijuana use and support medical marijuana programs, while West Virginia allows only medical marijuana use.
Ohio is the most recent Pennsylvania neighbor to legalize the recreational use of marijuana after the Buckeye State’s voters passed a ballot referendum in November. Delaware legalized recreational cannabis last April without its governor’s signature.
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Can Pennsylvania residents purchase marijuana in other states?
Adults can legally purchase cannabis in most states neighboring Pennsylvania, but how much you can acquire largely depends on where you’re visiting.
Delaware, Maryland, New York and New Jersey allow recreational marijuana purchases for anyone who is at least 21 years old with a valid government identification, like a driver’s license or passport.
Possession and purchase limits vary across the country. For example, Delaware limits possession to 1 ounce (or 28.35 grams) of leaf or up to 750 milligrams of edible products, including gummies. Cannabis possession in New York, though, is capped at 3 ounces of leaf or 24 grams of edibles or oils. You’d be wise to check each state’s regulations before visiting and making a purchase.
For now, Ohio’s provisions are a bit more complicated. The legalization of recreational marijuana possession and cultivation took effect Dec. 7, but regulators are not expected to begin issuing retail licenses until late 2024, Forbes reports. Ohio lawmakers can adjust or even repeal the law prohibiting recreational marijuana use because it originates from a ballot initiative, not a constitutional amendment.
What if you cross into Pennsylvania with marijuana you legally bought in another state?
Although the legalization of recreational marijuana is growing across the country and gaining steam in the Keystone State, it remains illegal in Pennsylvania. If you travel to the state with marijuana or cannabis products you legally purchased in another state, you put yourself at risk for criminal prosecution and penalties.
Marijuana remains illegal at the federal level, and transporting it across state lines could result in federal prosecution. According to the U.S. Drug Enforcement Agency, potential penalties vary depending on how much marijuana is transported and whether it’s a defendant’s first or repeated offense.
Anyone who uses or purchases marijuana products should note driving under the influence — even where recreational use is legal — is likely against the law with strict penalties. Delaware, Maryland, New Jersey, New York and Ohio all criminalize driving under the influence of marijuana, though exact penalties and fines vary. West Virginia, which operates only a medical marijuana program, also criminalizes impaired driving.
How can I get medical marijuana in Pennsylvania? A refresher on the state’s weed laws
What does Pennsylvania say about marijuana possession?
According to NORML, a nonprofit organization that advocates for cannabis legalization and tracks laws criminalizing it, possessing 30 grams or less of marijuana is considered a misdemeanor in Pennsylvania. This is usually punishable by up to a 30-day sentence, a $500 fine or both.
Greater possession can incur a misdemeanor punishable by a six- to 12-month sentence and a $5,000 fine, with even greater consequences for subsequent violations. NORML reports first possession convictions are eligible for conditional release, through which an offender would receive a year of probation rather than time behind bars.
At-home marijuana growth is illegal in Pennsylvania, but businesses and individuals can apply for licenses related to cultivation and processing. Additional penalties are enforced against those who sell marijuana products without a license, distribute large quantities, share with minors or deliver products near schools or playgrounds, among other infractions, NORML reports.
Some cities and municipalities across Pennsylvania have revised their ordinances and regulations to lessen penalties for minor marijuana-related offenses, instead enforcing only small fines for possession. These reforms exist in Philadelphia, Pittsburgh, Allentown, Harrisburg and even State College, among other locales.
Medical marijuana is legal in Pennsylvania, but the program is somewhat narrow in scope. Registered patients can legally possess up to a “90-day supply” of marijuana, but state laws do not offer an explicit definition.
Pennsylvania’s medical marijuana program does not specify an age requirement, but patients under the age of 18 must pair with an adult caregiver who can pick up products at dispensaries on the patient’s behalf. Patients can register for the program if they experience one of many qualifying conditions, including anxiety disorders, Crohn’s disease, epilepsy, Parkinson’s disease, post-traumatic stress disorder and terminal illness.
Medical marijuana patients can purchase products at licensed dispensaries in Pennsylvania. A full list of these facilities is available through the commonwealth’s website.
