What you need to know

With Delaware getting ready to launch its first recreational marijuana stores early next year, people might be wondering how they can enjoy marijuana while vacationing.

The First State has had a medical marijuana program since 2015 and last year, Delaware became the 22nd state to legalize recreational marijuana. But cannabis is still a no-no under federal law.

Weed is legal in Delaware:Here’s how to get in on the business opportunity

The cannabis landscape in the U.S. is rapidly changing with other states legalizing cannabis for recreational use, like Maryland and New Jersey have. Meanwhile, President Joe Biden in May endorsed the Justice Department’s move to reclassify marijuana from a Schedule I drug to a Schedule III drug. 

While this change does not make weed legal nationally, it shows a shift in how the U.S. Drug Enforcement Administration sees marijuana’s risk for abuse and use in medical scenarios. Marijuana will still be a controlled substance.

More:With marijuana reclassification on the table, here’s a breakdown on Schedule 3 drugs

Here’s what you need to know before buying and traveling with cannabis:

Can I fly with cannabis?

That’s a hard no.

Regardless of where you’re flying to or from, marijuana and certain cannabis-infused products remain illegal under federal law. Products that contain no more than 0.3% THC on a dry weight basis are allowed.

While Transportation Security Administration agents do not search for marijuana or other illegal drugs, if they do find an illegal substance during security screening, the federal agents will refer the matter to a law enforcement officer.

It will then be up to the local police to decide how to handle it.

What about cannabis on the train?

No to the pineapple express.

The use or transportation of marijuana in any form for any purpose is prohibited, according to Beth Toll, an Amtrak spokesperson.

“Even in states or countries where recreational use is legal or permitted medically,” Toll added.

What about traveling with weed in the car?

Yes and no. It all depends on where you’re going.

Here is the skinny, thanks to Keila Montalvo, a spokesperson with the Delaware Office of the Marijuana Commissioner.

Can I drive across state lines with cannabis I purchase in Delaware?

No.

“Marijuana remains illegal under federal law and you may not carry or transport marijuana over state lines,” Montalvo said. “It remains illegal to leave (or enter) Delaware with any marijuana products — medical or adult-use (non-medical) products.”

Mailing marijuana in or out of the state is also illegal.

Can out-of-staters come to Delaware to purchase cannabis?

Out-of-state medical marijuana cardholders can make purchases in Delaware, however, they must comply with state and federal laws — that means they cannot legally leave the state with it.

In Delaware towns where cannabis operations are prohibited, will people who legally purchase cannabis elsewhere be allowed to have their cannabis with them?

While a municipality may prohibit cannabis businesses within their jurisdictions, Montalvo said they cannot take away a person’s right to consume recreationally.

“If the individual has up to a personal use quantity of 1 ounce and is not actively consuming while behind the wheel or in public an individual can legally transport products throughout the state in these municipalities,” she said.

While a person can have the legal amount of cannabis on them, a person cannot smoke cannabis in public.

“You cannot smoke or ingest in an area accessible to the public or in any vehicle,” she added.

Check out the office’s website for answers to other frequently asked questions.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.

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