Is it legal to buy weed in St. Louis and bring it back to Illinois? What the law says
Some metro-east residents travel to St. Louis to purchase recreational marijuana to avoid Illinois’ higher taxes, but is the practice legal?
Recreational cannabis use by adults has been lawful in Illinois since 2020, and Missouri law has allowed adults to legally possess up to 3 ounces of marijuana since the end of 2022. Because recreational marijuana is illegal at the federal level, it’s not allowed for service members in the U.S. or on federal government property, such as Scott Air Force Base.
Illinois state taxes on cannabis products are higher than Missouri’s and brought in more than $562 million in 2022, according to the Marijuana Policy Project. Recreational marijuana purchases increased by 12% from 2021 to 2022.
Here’s what to know about the legality of crossing the Mississippi River with marijuana.
Is it legal to cross state lines with weed?
Although Illinois and Missouri law allow adults to possess and use certain amounts of marijuana, the act of purchasing it in one state and taking it to another is regulated under federal law as interstate commerce.
“It’s effectively not allowed under federal law, even if both of the states that you’re traveling to and from have state laws that allow marijuana,” Illinois Legal Aid Online executive director Teri Ross said in an interview with the News-Democrat.
Federal law dictates the possession of a small amount of marijuana is usually considered a misdemeanor and carries a fine of up to $1,000 and up to a one-year prison sentence.
“It seems a little bit far-fetched because you would almost have to see the car go across the border in order to actually arrest someone,” Ross said.
While it could be logistically difficult for police to arrest you for taking marijuana across state lines, it is possible, and Ross said it’s important for people to be aware.
What to know about pardons for marijuana possession
If you were charged with simple possession of marijuana, attempted possession or use under federal law (or in Washington, D.C.) on or before Oct. 6, 2022, you may be eligible to apply for a pardon online under a proclamation from President Joe Biden.
You can also fill out a pardon request form and email it to USPardon.Attorney@usdoj.gov or mail it to the U.S. Department of Justice Office of the Pardon Attorney at 950 Pennsylvania Ave. NW, Washington, D.C. 20530.
You must have been a U.S. citizen or lawfully present in the U.S. at the time of your conviction to be eligible for the pardon, and you must have been a citizen or lawful permanent resident on Oct. 6, 2022.
The pardon does not “signify innocence” or expunge a conviction, the application says, but it may help you by removing restrictions on your right to vote, hold office or serve on a jury, as well as potentially assisting you in obtaining employment.
