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Questions & Answers

I use cannabis to help me sleep. Can I legally fly or travel with it?

by HelloMD

3 years ago


Questions & Answers

I use cannabis to help me sleep. Can I legally fly or travel with it?

by HelloMD

3 years ago


What about state to state, and also international travel like France? Is it a problem going through airports, and should I declare it to the TSA?


Answers


Answer - Doctor Mark Edmunds

Unfortunately, because the federal government still considers marijuana to be a schedule 1 controlled substance, it is illegal to transport marijuana across state lines, regardless of whether you are a medical marijuana patient, or not.


Answer - janet

I thought CBD oil was legal as it has low THC? You can buy it online. Maybe not fly with it, but order it to go where you're going?


Answer - Doctor Mark Edmunds

It is typically only legal to travel privately with medical marijuana, within state lines. Because the federal government classifies marijuana as a schedule 1 drug, it is not legal to transport cannabis across state lines via national airlines, regardless of whether you are being treated under the recommendation of a doctor or not.

The exception to this rule is if you are traveling by vehicle through states where marijuana is legal or that recognize your state's medical marijuana recommendation. In states that allow medical marijuana, unless they recognize your state's recommendation, you will be required to obtain a recommendation in your destination state and obtain marijuana there. Otherwise, you could be arrested for illegal drug trafficking or illegal possession.


Answer - Business Development at Auntie Dolores + Treatibles

Hi there! You are correct about the CA MMJ part. However, our chews are made with hemp CBD, not cannabis CBD, so they're available for purchase nationwide.


Answer - Co-Founder HelloMD

Great question! I am not a lawyer and this represents my opinion and research only. I always refer to the NORML site as they have great information and it is kept up to date. Here is what they say about possession:

http://www.canorml.org/medical-marijuana/patients-guide-to-california-law

"Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal medical use. However, patients can be arrested if they exceed reasonable amounts and they can be cited or fined for exceeding local laws."

Technically, law enforcement could say you are carrying too much and arrest you which is why it is important that you carry your medical recommendation with you. Here is more on this:

"A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same right to marijuana as to any legally prescribed drug. Under Mower, patients who have been arrested can request dismissal of charges at a pre-trial hearing. If the defendant convinces the court that the prosecution hasn’t established probable cause that it wasn’t for medical purposes, criminal charges are dismissed."

So, the best defense is to have a legal recommendation and to carry it with you. The reality is that law enforcement, unless given cause is unlikely to do anything for possessing a small amount of medical marijuana, unless you are driving under the influence etc. Obviously, on the state level medical marijuana is now legal and has been since 1996!

To further answer your question, it is ILLEGAL to cross state lines with your medical marijuana. I do not recommend traveling in flight with cannabis as TSA is part of federal jurisdiction, so that is a gray area. Yes, you can drive around in your car with it in your overnight bag.

I hope this helps!


Answer - ryan

Here is a great resource: https://www.theweedblog.com/what-tsa-says-about-flying-with-medical-marijuana/

"In the course of screening passengers and their belongings for prohibited items Transportation Security Officers (TSOs) sometimes discover marijuana or other items that are illegal under State and Federal laws. When this occurs, TSA’s standard operating procedures require TSOs to report evidence of potential crimes to law enforcement authorities. It is up to the responding law enforcement officer, not our TSOs, to evaluate the circumstances and decide whether to arrest a passenger or confiscate the illegal item.

TSOs must contact a law enforcement officer when marijuana is discovered because (1) possessing marijuana is a crime under Federal law, and (2) TSOs cannot make an independent determination as to whether a passenger’s documentation is sufficient to authorize possession of marijuana under State law. Law enforcement officers must be contacted even if a passenger is carrying a State-issued cannabis card or other documentation indicating that the marijuana is for medical purposes."

Couldn't have put it better myself!


Answer - see

No, liquid CBD oil for neck spasms related to neck pain from a recent fracture of the 2nd vertebrae of the Cervical spine. 10 weeks out


Answer - ryan

Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal medical use. However, patients can be arrested if they exceed reasonable amounts and they can be cited or fined for exceeding local laws. Under MMRSA, which took effect Jan. 1, 2016, qualified patients can cultivate up to 100 square feet for personal medical use, and primary caregivers with five or fewer patients are allowed up to 500 square feet. Exemption under this section does not prevent a local government from further restricting or banning the cultivation of medical cannabis.

http://www.canorml.org/medical-marijuana/patients-guide-to-california-law http://www.canorml.org/news/A_SUMMARY_OF_THE_MEDICAL_MARIJUANA_REGULATION_AND_SAFETY_ACT

Although new laws have allowed whatever is justifiable medically, traditionally the limit has been 8 ounces and we recommend that you do not exceed this without licensing with the state.


Answer - Co-founder & CEO

Traveling with cannabis products is very dicy. There is no guarantee that you wont get arrested, and or your products confiscated.

It really depends on:

  1. If you get caught
  2. The agent that catches you.

My understanding (but this is anecdotal) is that some agents in CA are understanding, if you have things properly labelled, and you have your doctors recommendation with you. I have also heard that the airports are controlled by the FAA, and are therefore federal property and under the control of federal employees, and therefore have no obligation to follow CA law. With regards to France - you have a whole other issue to deal with at that end. So the short answer is that its a bad idea, and you could get arrested.

That said, if you throw a small quantity of unlabelled tinctures into your cosmetics bag along with everything else, the chances of getting caught and then having these substances analyzed would seem to be exceedingly small. You would have to make your own assessment as to if you want to take that risk.

Finally, I would point out that airport customs agents are trained to pick up on any nervous behavior. So if you are the type of person that might look worried or guilty as you walk through customs with a small quantity of tincture, that might be enough to get you further scrutinized.

For more reading, here is an article we wrote on the subject: https://www.hellomd.com/health-wellness/56b29f1b0c46b4000800001b/traveling-with-medical-marijuana


Answer - Doctor Sharon Olson

Absolutely not! Do not risk this because it breaks so many laws you would regret the action. Even if Cannabis is legal in both states, it is not legal on the airline, the airline is federal space and the dogs will pick up on the bud immediately. Do you really want to be the first person that meets with Jeff Sessions about Illegally transporting Cannabis? I don't think so, even for the notoriety it would be a very high-priced visit for you. You would not only lose your cannabis you may lose your right to ever use cannabis again! Just don't risk it, please.


Answer - Doctor Sharon Olson

Yes, provided you do a staycation or vacation in your state because you should think twice before crossing a state line with cannabis and please, do not fly with cannabis. Know the laws in your state concerning cannabis and be aware of the laws regarding cannabis in any state you traverse.


Answer - Co-Founder HelloMD

Unless it is hemp derived CBD, you can not legally travel with cannabis in any form across state lines or internationally. It is a schedule 1 drug in the US which means it is federally illegal. France has only recently passed a mandate to start a medical marijuana program but it is illegal there as well.


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