Applicable laws on medical marijuana can leave travelers confused and open to a possible criminal charge in some instances.
The laws surrounding medical marijuana can be a grey area, which can mean trouble for people looking to travel across state lines. If you live in a state where it is legal, you may be facing legal consequences if you plan to travel to another state with different laws.
Over half the states in the country have legalized medical marijuana, but that does not mean traveling with it is any easier. Technically, federal law still criminalizes marijuana. Possession can result in jail time and/or fines. Because state governments only have jurisdiction within their borders, you could face difficulties if you visit a national park or take a federal mode of transportation.
Air Travel with Medical Marijuana
Traveling with medical marijuana on a plane could get you into trouble. According to the TSA website , medical marijuana may be permitted in carry on or checked bags in certain situations. However, marijuana and certain cannabis-infused products, which includes CBD oil, are illegal under federal law. The only legal products are those that contain less than 0.3% THC or are approved by the FDA. TSA officers do not screen for drugs, but if anything is discovered during security checks, the matter will be referred to federal law enforcement.
Road Trips with Medical Marijuana
You are still bound by the same rules if you are traveling across state lines in a vehicle rather than an airplane. Remember that all states have laws regarding DUI/DWI, and marijuana is considered an intoxicating substance. Using it while operating a motor vehicle could impair your ability to drive safely. Know the laws in the states you plan to visit before you consider bringing your marijuana.
Remember that places like Washington, D.C., Indian reservations, and national parks operate under federal law, which means that it does not matter whether you are legal to have it in your home state, you could be facing criminal charges here.
Purchasing Marijuana Out of State
If you are bringing your card and hoping to purchase medical marijuana in another state, accepting an out-of-state card is up to the dispensary’s discretion. Do not assume that your card from Texas will work in another state.
Contact an Austin Criminal Defense Attorney
Before getting on the road or heading to the airport with your medical marijuana, it is crucial you reach out to a knowledgeable Travis County criminal defense attorney to discuss the most current information about traveling with medical marijuana. If you plan to travel internationally, you should definitely plan to leave it at home. Traveling with controlled substances, even ones with prescriptions, could earn you a visit to a foreign jail in some cases. Some other countries have a very low tolerance for any types of drugs, even items that are available over the counter in the United States. If you have questions or have been charged with marijuana possession and you have a legal marijuana card, contact Granger and Mueller PC today at 512-474-9999 to schedule an initial consultation.