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Can you take marijuana out of Montana?

On Behalf of | May 8, 2025 | Criminal Law |

Montana has legalized recreational marijuana for adults. There are still many restrictions in place. You can’t buy marijuana if you are under 21, for example. You can’t drive your car if you’ve been using marijuana products, similar to how you can’t drive after you’ve been drinking alcohol. But simple possession of small amounts of marijuana for personal use is no longer a crime within the state.

But what happens if you are leaving Montana, even for a short amount of time? Maybe you’re taking a road trip to the West Coast, or maybe you’re flying to see family in New Hampshire. You can legally buy marijuana products at home, so can you take them with you on this trip?

The 2 main problems

There are two issues to consider, the first of which is that it is federally illegal to cross state lines with marijuana products. It’s prohibited on flights, so you could face ramifications if you’re caught. But even just driving over a state line technically violates federal law, so a road trip could also be problematic.

The bigger issue, though, is that you may be going to a state where marijuana is not legal. This is certainly not something that is ubiquitous across the entire country, no matter how normal it now begins to feel in Montana. If you’re driving through another state where marijuana is expressly prohibited, you are still violating the law—even though you were in Montana when you made a completely legal purchase.

You can see how some criminal allegations could arise from a situation like this. Be sure you know what defense options you have.