Scripps Pier in La Jolla California

Federal marijuana illegality still matters

On Behalf of | Jul 24, 2024 | Drug Charges |

Living in a state like California, where marijuana products are legal for recreational use, likely changes how you view them. For years, these cannabis products were viewed as Schedule One drugs that were highly regulated. But now people view them similarly to beer or wine. Consumers can just drive to a local dispensary and make a purchase whenever they want, as long as they are over 21.

Federally, though, the laws have not kept up with the changes in state laws. Marijuana remains illegal for recreational use, at least for now. And, even if the laws in California and many other states permit the use of cannabis products, this federal illegality can still have an impact.

Traveling across state lines

One of the biggest issues is that interstate commerce is governed by federal law. So any time that products cross state lines, those activities fall under federal jurisdiction.

This is part of the reason why dispensaries cannot ship their products to other states. Not only will those products be illegal when they arrive in the destination state, but transferring the products across state lines is illegal.

But this classification also means that you cannot cross state lines with cannabis products, even as a consumer. You may have made a legal purchase at a dispensary before a road trip. But if you drive over state lines – even if you’re driving into another state where marijuana products are legal – then you have technically violated federal law.

What are your defense options?

When laws change, things get very complicated, and some people find themselves under arrest for violations they didn’t even know they were committing. If you are facing criminal charges, be sure you understand exactly what legal steps to take.