It’s that time of year again when nearly 100 million Americans are expected to travel for the holidays. As in 2014, gas prices are again at an all-time low, and airlines continue to offer competitive deals, so the incentive to make the trek to visit grandma this holiday season is stronger than ever.
But aside from potentially long lines at the airport, traffic delays and inclement weather conditions –if you’re planning on traveling out of state, there is much to consider if you, or someone you are traveling with, is a medical cannabis patient. Even in certain areas of the country, in-state travel can present problems when local ordinances vary. Here we break down all you need to consider to prepare for your holiday travel if transporting medical cannabis.
In-State Travel
Medical marijuana patients who are appropriately registered with their state should not
encounter problems if they are traveling locally. Patients may have their medication on their person when they are walking and driving within their own county. For out of county trips, patients should be aware that some counties set their own laws regarding maximum medical marijuana amounts, although in California, all counties must allow at least the state minimum. Patients should know their state’s laws and, as a rule of thumb, avoid traveling to unfamiliar areas with more than the allowed minimum.
If a patient is traveling out of county and the state’s recognized minimum is not sufficient, it may be possible to arrange temporary dispensary privileges in the area where the patient is staying. Patients should ask the dispensary they are currently using for advice, or check their state’s website for the rules.
A large number of arrests for cannabis possession arise from traffic stops. You should never medicate while driving, and you should strive to avoid any encounter with law enforcement at all costs.
Whether in state or out of state, medical marijuana patients should never travel with marijuana plants. Even in states where it is legal to grow medical marijuana plants, their transportation is highly restricted. In California, for example, there are only three situations where it is appropriate to travel with these plants:
- When a patient or caregiver is bringing plants from a dispensary to a residence.
- When a registered caregiver is moving plants from one patient’s residence to another.
- When a patient is moving residences.
Except for these situations, avoid traveling with medical marijuana plants to minimize the chance of legal complications.
Out of State Trips
Travel to different states for medical marijuana patients is difficult because they cannot
legally transport their medical marijuana across state lines. Section 812 of Title 21 of the U.S. Code classifies marijuana as a Schedule I Controlled Substance. The U.S. Constitution gives the federal government authority to regulate interstate commerce, therefore it has the ability to prosecute individuals for transporting marijuana across state lines, even if the transport is from one legal state jurisdiction to another. Patients should note these guidelines:
- States without medical marijuana laws can arrest patients under possession laws, even if the patient is registered in their home state.
- Federal authorities can arrest patients under federal drug trafficking laws if medical marijuana crosses state lines.
- In states that recognize medical marijuana cards issued by the patient’s home state (called reciprocity), the patient usually still needs to register in the state that they are visiting and acquire any medical marijuana needed there, rather than bringing it with them.
Traveling by Ground vs. Flying with Medical Marijuana
The safest mode of transportation for traveling patients is by car. Private bus and train companies may remove passengers at their own discretion who appear under the influence or are known to possess medical marijuana, even with a medical marijuana card or valid physician’s letter.
As for flying, airports and airplanes are federal jurisdictions, and patients can be detained and arrested when going through security. Federal authorities do not recognize the medical marijuana laws or cards of any state. There are some airports that are medical marijuana ‘friendly’ and allow patients with correct documents to board with the amount deemed necessary for personal consumption.
As of the writing of this article, the TSA’s current position on passengers traveling with medical marijuana states: “Whether or not marijuana is considered legal under local law is not relevant to TSA screening because TSA is governed by federal law. Federal law provides no basis to treat medical marijuana any differently than non-medical marijuana.
Even if an item is generally permitted, it may be subject to additional screening or not
allowed through the checkpoint if it triggers an alarm during the screening process, appears to have been tampered with, or poses other security concerns. The final decision rests with TSA on whether to allow any items on the plane.”
While news stories and social media may tell you that certain airports are “marijuana friendly”, take the common-sense approach and always check the laws of your home state and the state that you will be visiting before taking a plane trip with your medication. Better yet? Leave your medication at home and access it legally upon arrival at your destination.
Although we have seen progress in the decriminalization of marijuana, medical marijuana is currently only legal in 23 states and the District of Columbia. Also, even in states where medicinal use of marijuana is legal, state and local laws vary. Know your rights and responsibilities as a patient, and always ask an authority if you are unsure of the law.
Have a happy and healthy holiday – but check the laws in the area you will be traveling to/from before bringing along edibles, plants or other forms of medical cannabis.
The post Over the River and Through the Woods – with Medical Cannabis? appeared first on United Patients Group.
