Hike and consume in a national park?

Summer time and people take to the trails to hike and enjoy the sun. Over 57 million people with their heads out, approximately 55% male and 45% female, are ready to explore the great outdoors. Colorado, Washington, Canada, Maine and more all have idyllic views of this activity — and it’s legal to consume in the state — but what about US national parks?

You don’t have to worry about Canada because it’s legal at the federal level, but things are a bit more murky in the US. National parks are on state lands, and marijuana is still illegal at the federal level. And while they’re in perfectly legal states, the park rangers are federal employees.

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Photo by Denys Nevozhai via Unsplash

No matter what state you live in, cannabis is still considered a Schedule I drug, which means you’re still breaking the law if you’re caught using it in a national park. Until the President or Secretary of the Interior issues some form of Cole Memo, Park Rangers can take it tough.

“In terms of hiking in national parks, Biden’s forgiveness is backward-looking. It will not affect offenses committed after Biden’s October 2022 proclamation. That means people previously convicted of nonviolent offenses for simple marijuana possession are eligible for pardons. The pardon, as the name suggests, is a measure of forgiveness for previous acts, but does not affect acts after the pardon. The pardon didn’t change federal law, so marijuana use remains illegal in the US, even in states that have legalized it. The risk of prosecution under federal law for the simple use of marijuana in a state where it is legal is low at this point. This risk increases when consumption takes place on a federal state such as a national park. It remains illegal and inadvisable to use marijuana on federal lands,” said senior marijuana advocate Daniel Shortt of the Green Light Law Group.

Photo by Eddy Billard via Unsplash

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Andrew Cooper of Falcon Papparport & Berkman LLP and a leading attorney in the marijuana industry said, “The fact that Biden has proposed pardoning federal prisoners convicted of possession of small amounts of cannabis does not mean that the federal park police do so.” will not make the arrest. It doesn’t even mean that the US Attorney in the county where the national park is located (which is respected) will not prosecute the crime. It just means that if you’re arrested and convicted, Biden will/may/might pardon you at some point… maybe. Unless you also work in the White House, in which case you will definitely be fired.”

So if you go to a national park and want to consume, play it safe, don’t overdo it and be discreet. Also remember that not everyone likes the smell of weed, so be considerate of others and smoke in a secluded and private area.