Medical marijuana is currently legal to acquire in more than 50 percent of all states within the United States, while recreational marijuana is legal in just a handful of states. A common question that medical and recreational users ask is "Can we travel with marijuana?" The answer to this can be best broken down into the two kinds of travel available, as well as to look at federal laws surrounding marijuana.
Federal Vs State Law
Even though some states have decriminalized and legalized weed, it's important to note that as of date the federal government still prosecutes marijuana use. A first time offender still runs the risk of getting a misdemeanor or a felony for repeated offenses. As such, state governments may be able to regulate marijuana laws in their state within their borders. The same can't be said about federal lands in said state. For instance, someone can freely travel throughout their state if marijuana has been legalized, but the moment said individual sets foot on a federal property such as a national park, said individual is now subject to federal laws.
The TSA specifically states that marijuana, including medical marijuana is not allowed in any airport. It's important to note that air travel is regulated by the federal government and as such, every individual at the airport is subject to federal laws. However, TSA has the discretion on what to do if they catch someone with marijuana at the airport. Typically they will give the state the opportunity to arrest and prosecute in accordance to their own laws, as opposed to referring said individual to the federal government. If you are traveling from one state to another state, both of which have relaxed marijuana laws, the airport may check to ensure that both ends are in fact legal or they could throw away your stash.
In summary, even though air travelers are subject to federal laws, TSA is more concerned about criminals than they are medical marijuana users. As such, it is up to them to determine if they will let an individual go through or refer them for criminal prosecution.
Vehicle TravelIf you planning on taking a road trip, the same federal rules apply. Meaning, if you must, travel within your own state's border as opposed to leaving your state to go to a non-marijuana state. Even if you have your medical marijuana card and it's legal to consume marijuana in your state, if you travel to a state where possession is still considered a crime, you will be subject to that state's law and your medical marijuana card will be of no use or be a determining factor when you are prosecuted. It's also worth noting that even though it may be legal in some states, all 50 states have DWI/DUI laws. Due to the fact that it's an intoxicating substance which can impair your ability to drive safely if you are caught driving while under the influence of marijuana you will be charged with a DUI related law.
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