Can You Take Marijuana Across State Lines? What the Law Says
General information only — not legal advice. This page states what the law says, using the official sources listed below. Laws in this area are changing; the law was checked on November 2, 2026.
What changed in April 2026
A federal final rule was published in the Federal Register on April 28, 2026. The rule is Attorney General Order No. 6754-2026.
The rule moved two narrow groups from Schedule I to Schedule III of the Controlled Substances Act:
- Drug products containing marijuana that the U.S. Food and Drug Administration (FDA) has approved.
- Marijuana covered by a state-issued license to make, distribute, or dispense marijuana for medical purposes.
Schedule III is still a controlled-substance schedule. The April 2026 rule did not make marijuana legal in general.
What did not change
The rule says, in its own words: “any form of marijuana other than in an FDA-approved drug product or marijuana subject to a state medical marijuana license remains a schedule I controlled substance.”
The rule also says people who handle it remain subject to the Schedule I controls and sanctions in the Controlled Substances Act.
The Justice Department has said the order “does not authorize recreational marijuana.”
Driving across state lines
Recreational marijuana is a Schedule I substance everywhere in the United States.
Carrying it into another state breaks federal law, even if both states allow it.
The state you drive into applies its own law too. So in a state where marijuana is illegal, state law can be broken as well.
A medical marijuana card from your home state does not make it legal to have marijuana in a state whose law does not allow it.
Flying: what TSA says
The Transportation Security Administration (TSA) has a “What Can I Bring?” tool. Its “Medical Marijuana” entry, as it reads in November 2026, says:
- Carry-on bags: “Yes (Special Instructions)”.
- Checked bags: “Yes (Special Instructions)”.
The same page says, word for word: “TSA's screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for illegal drugs, but if any illegal substance or evidence of criminal activity is discovered during security screening, TSA will refer the matter to a law enforcement officer.”
And: “The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.”
TSA has told reporters that its policy on medical marijuana “has not changed,” and that the website wording was updated for “clarity and conciseness.”
A “Yes” on a screening list is not a permission slip under the law. If something is found at screening, TSA hands the matter to law enforcement, and the law where you are decides what happens next.
Hemp and the 0.3 percent line
Cannabis with no more than 0.3 percent delta-9 THC, measured on a dry weight basis, is defined as hemp under federal law and is not marijuana (7 U.S.C. § 1639o).
Changing soon: Effective November 12, 2026, the legal definition of hemp switches to a total THC test — total tetrahydrocannabinols, including THCA, of not more than 0.3 percent (Public Law 119-37, section 781).
A product that passes the old delta-9 test may fail the new total-THC test.
The bottom line
Recreational marijuana: no. Federal law covers the whole country, and a state line does not protect you.
Medical marijuana: it is still controlled, and it is still risky to travel with. A card from your home state does not make it legal in a state whose law does not allow it.
Only the official sources decide. This page is general information only — not legal advice.
Sources
Federal Register, final rule, April 28, 2026 (91 Fed. Reg. 22714; AG Order No. 6754-2026), via govinfo.gov; Transportation Security Administration, “What Can I Bring? — Medical Marijuana” (tsa.gov); 7 U.S.C. § 1639o; Public Law 119-37, § 781. Checked November 2, 2026.