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Thread: Medical MJ

  1. #1

    Default Medical MJ

    A question came up recently about medical marijuana regarding access to dispensaries. Since 15 states now have legalized medical marijuana, including 3 AT states (NJ, VT, & ME), this information is AT relevant.

    What are some of the issues affecting hikers with a MJ prescription that is legal in their home state when they travel to other states where medical MJ is also legal?

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  2. #2
    Registered User StorminMormon's Avatar
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    Even with so many states changing their position on Medicinal MJ, it is still a Federal Felony to transport MJ across state lines. Some states will honor prescriptions from other states, meaning you can use a California prescription to legally purchase MJ in Arizona...but you have to consume it in Arizona.

  3. #3
    Registered User Majortrauma's Avatar
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    I'd say screw what the law says and take your chances. If someone on the trail is going to be that much of an ass and feel compelled to turn you in they first would have to actually able to get hold of someone via cellphone (good luck),running to a Ranger Station (how often do we see those) or flag down a passing motorist (yeah, good luck with that one) and then that someone would actually have to think it was worth his while to try and track you down on the trail for smoking weed.
    Your chances of ever being caught are slim to none I think.

  4. #4
    Registered User 4eyedbuzzard's Avatar
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    I don't know what real world NPS and USFS policy is on small quantities, but as much of the AT is on federal lands, it would be technically illegal to possess or consume on much of the AT regardless of the state laws. US Atty Gen Eric Holder recently stated, in response to CA prop 19, that the feds will continue to prosecute possession cases on federal lands regardless of conflicting state laws.
    "That's the thing about possum innards - they's just as good the second day." - Jed Clampett

  5. #5
    Registered User Majortrauma's Avatar
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    Alcoholic beverages are also prohibited on the AT but that doesn't stop a lot of people, myself included, from bring along some Jack Daniels for section hikes.
    Short of a drunken orgy and the woods being set ablaze, HIGHLY unlikely anyone is going to waste their time chasing down some hiker chasing down their ramens with a shot of whiskey.

  6. #6

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    The question for this thread is aimed at state regulations. What states accept other states cards, how are dispensaries set up and where in regard to the trail, limits, how the state might handle a hiker taking his prescribed dose, etc. As far as the federal response it is still illegal at the federal level. It would be helpful to know how a hiker can act legally within the states' regulations.
    "Sleepy alligator in the noonday sun
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    Call for his whisky
    He can call for his tea
    Call all he wanta but he can't call me..."
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  7. #7
    Registered User Majortrauma's Avatar
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    Sorry. I got more than a bit hung up on a pedantic adherence to ridiculous and practically speaking unenforceable Federal regulations.
    If he/she wants to strictly adhere to these laws, it's none of my business really to try and dissuade them from doing so.

  8. #8
    Registered User 4eyedbuzzard's Avatar
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    Quote Originally Posted by Alligator View Post
    The question for this thread is aimed at state regulations. What states accept other states cards, how are dispensaries set up and where in regard to the trail, limits, how the state might handle a hiker taking his prescribed dose, etc. As far as the federal response it is still illegal at the federal level. It would be helpful to know how a hiker can act legally within the states' regulations.
    No reciprocity in any of the AT states, more info at http://www.safeaccessnow.org/article...=type&type=361

    VT http://www.safeaccessnow.org/article.php?id=2012#recip
    ME http://www.safeaccessnow.org/article.php?id=2051#recip
    NJ http://norml.org/index.cfm?Group_ID=3391#New Jersey
    "That's the thing about possum innards - they's just as good the second day." - Jed Clampett

  9. #9
    Registered User redzombie's Avatar
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    Screw it, I can just argue my case in front of the judge. Would it be worth it? Depends on the outcome.
    "May life be as spiritually rich as it is materially simple" Aboriginal Proverb

  10. #10

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    Quote Originally Posted by redzombie View Post
    Screw it, I can just argue my case in front of the judge. Would it be worth it? Depends on the outcome.
    Some of the thread information is outdated but Maine offers limited reciprocity for medical MJ from what I was reading.
    "Sleepy alligator in the noonday sun
    Sleepin by the river just like he usually done
    Call for his whisky
    He can call for his tea
    Call all he wanta but he can't call me..."
    Robert Hunter & Ron McKernan

    Whiteblaze.net User Agreement.

  11. #11

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    This info is 3.5 yrs old. Does anyone 100% know FOR SURE if is still this way?

  12. #12

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    For Maine per NORML
    http://norml.org/legal/item/maine-medical-marijuana

    RECIPROCITY: Yes. Authorizes visiting qualifying patient with valid registry identification card (or its equivalent), to engage in conduct authorized for the registered patient (the medical use of marijuana) for 30 days after entering the State, without having to obtain a Maine registry identification card. Visiting qualifying patients are not authorized to obtain in Maine marijuana for medical use. Me. Rev. Stat. Tit. 22, §2423-D (2010

    See here
    http://www.mainelegislature.org/legis/statutes/22/title22sec2423-D.html
    "Sleepy alligator in the noonday sun
    Sleepin by the river just like he usually done
    Call for his whisky
    He can call for his tea
    Call all he wanta but he can't call me..."
    Robert Hunter & Ron McKernan

    Whiteblaze.net User Agreement.

  13. #13

    Default

    THX. This info may help those ATers who are legally prescribed medical marijuana and want to stay on the legal side of the law.

  14. #14

    Default

    Quote Originally Posted by redzombie View Post
    Screw it, I can just argue my case in front of the judge. Would it be worth it? Depends on the outcome.
    "Screw it..."

    This is exactly what you were looking for in your question/thread on MJ.

  15. #15
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    Massachusetts has medical MJ, dispensaries opening sometime this year or next. MJ has also been decriminalized for one ounce or less. A fine and confiscation of product. In 2016 we will vote for Coloradoization of MJ.

  16. #16

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    Didnt Read whole thread but I would say although a good question, realisticly from everything I have seen on the trail from dope to booze, being consumed anywhere from the side of the highway to hostels etc, even sold(dope and booze) pretty openly at one particular hostel, I dont think anyone has anything to worry about as far as getting caught. Only place I have seen that was not the case was trail days. Lots of cops lol
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  17. #17
    Nalgene Ninja flemdawg1's Avatar
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    Quote Originally Posted by Majortrauma View Post
    I'd say screw what the law says and take your chances. If someone on the trail is going to be that much of an ass and feel compelled to turn you in they first would have to actually able to get hold of someone via cellphone (good luck),running to a Ranger Station (how often do we see those) or flag down a passing motorist (yeah, good luck with that one) and then that someone would actually have to think it was worth his while to try and track you down on the trail for smoking weed.
    Your chances of ever being caught are slim to none I think.
    Very little chance of being turned in by another hiker, but the AT crosses alot of roads and towns where LEOs may profile and search a hippy looking guy to see if he's carrying. And places like "The Place" are routinely swept by drug-sniffing dogs.

  18. #18

    Default Federal property

    Realizing this thread concerns state-by-state reciprocity, the reality that MJ possession is everywhere a Federal offense should be clearly understood, and that surely seems to be the case from responses prior to this. As to the risk of "getting caught", the mainstream media has reported increased enforcement in National Parks in Washington and Colorado. Or at least increased arrest rates--perhaps due to individuals thinking they're OK to possess while in those states (and boy, aren't they wrong).

    With only the AT's miles within Federal lands in GSMNP, Mount Rogers Nat Rec Area, and SNP considered, there would seem to be plenty of places having routine Federal agent presence. In GA, NC, TN, and VA, the great majority of the AT which is NOT in the NP or NRAs noted above is within National Forest boundaries. Irrespective of state-by-state reciprocity, the Feds alone should give folks much reason for caution, great deals of caution.

    More strictly on the state-by-state issue, Idaho has an active profiling effort to nab its citizens returning from the west along I-84 and I-90, which brings folks CA, OR, and WA. It would not be the least bit surprising to see enforcement efforts of a similar nature here in the East. The AT has over 400 road crossings, so one is rarely more than a short distance from easy access by LEOs.

    AO

  19. #19
    Registered User redzombie's Avatar
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    Well a drug dogs sniff is a unconstitutional search, and requires a warrant. http://www.huffingtonpost.com/2013/0...n_2956079.html

    Also if you are in the four states that don't recognize medical or have decriminalized it, recognize the castle doctrine. Basically, your tent is your home and you have the right to defend it. Which means they can search your tent or gear without a warrant.

    Lastly, they have to have probable cause. They can't just single you out because you look like a hippie, stoner, Muslim, black, out of town ect. You have the right to ask why a cop stops you or singles you out.

    Point blank, you can argue your case in front of a judge, or at lest I can.
    "May life be as spiritually rich as it is materially simple" Aboriginal Proverb

  20. #20
    lemon b's Avatar
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    I stopped smoking weed over 30 years ago. One of my hiking partners does have a licence because her doctor said she benefits from its use. I believe these laws are going through a process of change. My experience hiking is that many people smoke weed on the trail even back in the 70's. Seen much more trouble caused by booze. That said I'm not a doctor but would seem to me that for hiking the smoking part could be an issue for the lungs, had my own battle with cigs over the years and know I enjoy hiking more without them. Hope that they can come up with some type of non smoking delivery method for the hiker who needs that medicine.

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