Traveling Safely with Cannabis In The USA

Traveling Safely with Cannabis In The USA

Authored By: Heather Allman

Traveling Safely with Cannabis

 

Keep in mind that the simultaneous mad dash through the volatile national marijuana minefield starts with a mental, deafening “BANG! right across the state line — as is the case between Florida and Alabama. This is also the complicated case in many other U.S. non-medical marijuana use “border states.”

In this scenario, an imaginary dotted line on a map prevents U.S. patients in a non-medical marijuana use state from purchasing or using cannabis medication obtained in the neighboring medical marijuana “border state.”

An imaginary line, yet one that is diligently patrolled by our very real federal government, waiting to see the specifics of how, if, and when marijuana will be removed from the CSA. At which time, the possibility of therapeutic medicinal value can finally be researched and scientifically proven, and  the factual health benefits of marijuana can be officially noted and recorded.

Already, the year shows a direction of solid marijuana reform with Tom Angell’s recent July 31, 2019 announcement that The 116th U.S. Congress is The Most Marijuana-Friendly Congress In History.

Wondering about the imaginary line— who cares?

Think the feds aren’t watching this cannabis battle? Think again. The following credible international and national travel guidelines for medical marijuana users outline the nearly impossible task that lies in wait for a patient who needs to travel with a full range of cannabis medication products in various delivery routes.

Robert McGarvey spotlighted international restrictions in his April 16, 2019 informative and entertaining piece How to Cross Borders with Cannabis, Maybe.

Is Travel Across Borders in Your Future?

Since many Floridians do travel abroad and international travelers wind up here as their final destination, be forewarned and informed with A Guide to Traveling with Medical Marijuana.

In addition, Curaleaf’s Before your trip: Cannabis laws you should know offers excellent advice for traveling patients:

“When you’re packing your bags to make the most of the season’s long days and warm nights, you naturally want to pack, and eventually consume, your cannabis. Yet even if your personal use of recreational or medical cannabis is permitted in your neck of the woods, there are factors that hinder your ability to legally enjoy it away from home.”

What about regular, store-bought CBD? On May 19, 2019Calvin Hughes reported The TSA Says You Can Now Bring CBD On Any US FlightWhile June 10, 2019 brought the cautionary Can you carry CBD oil on a plane? Maybe. Here’s what new TSA rules.

Is Florida on your travel itinerary?

Under federal law, medical marijuana is still illegal. Currently, a Florida state registry ID card is only recognized in the State of Florida and there is no recognized reciprocity built into the state Medical Marijuana Use Registry & program.

For all individuals, “no reciprocity” means Florida does not recognize medical marijuana registry ID cards from other states, nor can a patient use another state’s medical marijuana ID card to purchase product in the state of Florida.

Traveling within Florida?

This is an intrinsic question answered by HG.org in 2019 for those wondering Can You Travel Across State Lines with Legally Obtained Marijuana:

“As more and more states are opting to pass laws authorizing either medical (or in the recent case of Colorado) recreational marijuana use and sales, it has become increasingly common to wonder what the new legal limitations are on the product.

After all, only a few states have legalized its use and there are still questions about whether those laws are enforceable given that the federal government has yet to remove marijuana from its schedule of controlled substances. So, if the drug is legal in one state, can a person travel with it to another state where it may or may not be legal?

The answer is almost definitely no. This is true even if the other state also allows for some form of legalized marijuana. Why?

First, the federal laws still say marijuana is illegal. Period. While the federal authorities have made it public that they will be turning a blind eye to these state initiatives and allowing the states to determine how to handle these matters themselves (for now), they have not agreed to stop enforcing the laws where they have jurisdiction. One of those places is in interstate commerce. In other words, the federal government has jurisdiction when things cross state borders, and since federal law still prohibits marijuana this would be illegal.”

The Marijuana Travel Checklist by Melissa Sherrard is a handy guide for traveling with cannabis. Although published two years ago, this travel guide includes pertinent tips for traveling with cannabis in 2019:

“Whether you live in a cannabis-friendly state or you’re visiting one, there are some important things to remember when traveling with marijuana. As the laws surrounding cannabis change, they differ from state to state, and it’s important that you not get caught off-guard.

1. Review the laws about cannabis possession limits in the state in which you will be traveling with cannabis. In some states, the amount of marijuana a person is allowed to travel with on their person differs if they have it for medical or recreational purposes, so double-check before you throw your stash in the car.

2. Have your (valid and current) identification and any documentation that identifies you as a medical cannabis user in an easily accessible place. You’ll need this to enter cannabis dispensaries on your travels and to show authorities if you get stopped for any reason.”

In Cannabis Training University’s straightforward article, How to Pack Your Cannabis for Safe Traveling, all the basics of  traveling safely with cannabis and etiquette notes on using cannabis products around others are highlighted in this article as follows:

  • CANNABIS STASH

“Are you headed out of town or another country around the world? Are you a cannabis smoker and want to know how to carry your cannabis stash during travel, if it is legal?  You may have had issues with carrying your marijuana smoking equipment and supplies in the past, after taking them out of the original package, but not anymore. There are ways to do it without getting noticed. However, it all depends on how much is in your stash and your final destination. Like other marijuana consumers, it would be safe to guess that your cannabis stash is always changing. With that being said the versatility of your options is the first helpful place to begin.”

  • THE MARIJUANA USER

“For many years, most marijuana users around the world understand weed etiquette and have repurposed classic and basic items such as a tin container and their empty sunglasses case. Yes, these containers have the capability of stashing both your smoking device and marijuana buds. However, they can only offer so much coverage and not able to hide the smell as they were not constructed for hiding cannabis stash for travel. In addition the smell escaping from your cannabis stash, you may risk losing everything if the lid of the container accidentally opened up while traveling.”

  • AIR TIGHT CONTAINERS

“You should also remember that containers that are air tight will tend to be bulkier in comparison to other containers. However, they are most prevalent on the cannabis market and in the industry. Most times, they are made to be the right solution for storing your cannabis stash and other smoking accessories.”

  • THE SILICONE CONTAINER

“What about containers made of silicone? These are similar to concentrate storage as they are non-stick. However, you don’t have to use these for marijuana concentrates since they are also smell proof and they come in various sizes, colors and shapes.”

  • THE VAPORIZER OR VAPE PEN

“Vaporizers or vape pens are easily breakable. And so, you have to be careful how you pack and carry it. Using a vape case is better recommended. Some marijuana dispensaries carry an inventory of vape pens, which are already pre-filled with concentrates and come with a carrying case. It is already sealed for travle and so it eliminates any instances of odor escaping.” 

To learn more about legally traveling with your cannabis stash, visit the Cannabis Training University.

Rewind to 2019:

Did you see or try any of these innovative cannabis products? New Products to Hit The Cannabis Market.

New

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild