Guide to Traveling with Medical Marijuana

Crossing state lines with medical marijuana can be tricky, and technically, it’s illegal. While medical marijuana is now legal in many states, the plant remains illegal at the federal level. This lack of federal regulation can spell trouble when you travel, especially through high-security airports.

If you have a vacation on the horizon, it’s important to know the rules of traveling with medical cannabis beforehand, whether you’re driving to a neighboring state or planning a trip overseas. However, please note that no information in this blog should be considered legal advice. We recommend you consult a lawyer if you have a specific question about traveling with marijuana.

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Can you travel with medical marijuana in the United States?

No, you cannot travel over state lines with cannabis, medical or otherwise, even between two states with legal marijuana programs. However, you may be able to use your medical card in another state, if both states participate in a reciprocity program.

There are two formats in which states may offer medical marijuana reciprocity. In some states, you can simply use your medical card from your own state (sometimes only if your qualifying condition is also a qualifying condition in their state program too). In others, you may have to sign up as a visitor or temporary resident in the state in order to access medical cannabis.

However, the list of states with reciprocity is limited, and most states, including Florida and New York, do not recognize out-of-state medical cards.

Some states with medical marijuana reciprocity may require you to sign up for your destination state’s medical marijuana program to use medical cannabis legally. In Arkansas, for example, visitors must sign up for the medical marijuana program thirty days in advance and pay a $50 nonrefundable fee. New Jersey, on the other hand, offers a six-month visitor’s medical cannabis card which offers the same access as a New Jersey patient.

Possession limits may also differ for visitors compared to residents of the state. In Oregon, a state resident with a medical marijuana card can possess up to 24 ounces. Visitors from other states can possess only one ounce, even with a valid MMJ card.

Air travel

The Transportation Security Administration (TSA) has issued more stringent airport security requirements for air travel since the September 11th tragedy. But heavy restrictions on cannabis date back to President Richard Nixon’s administration, and the beginning of the War on Drugs. In a nutshell: flying with cannabis is illegal.

At the same time, TSA agents do not actively search for medical marijuana or other drugs in your baggage. However, if the TSA finds anything resembling a federally illegal substance in your bags, they are required to report the finding to local law enforcement, and you may be charged with a crime.

But the TSA is not the only organization you have to answer to when you fly. Some major airlines like American Airlines have banned all marijuana (including medical marijuana) from flights. In accordance with such regulations, you are not permitted to travel with even one gram of medically prescribed cannabis.

The bottom line is that flying with cannabis products poses numerous legal risks. Leave your MMJ at home the next time you fly, or find an alternate form of transportation.

Cannabis amnesty boxes

Some airports have set up cannabis amnesty boxes as a simple and legal way to dispose of cannabis prior to going through security. As the name implies, a cannabis amnesty box exists under an amnesty clause, so that the person who discards their marijuana is not at risk of legal punishment.

Typically, a cannabis amnesty box is easy to spot, as it’s painted brightly and labeled accordingly. However, only a few airports have implemented cannabis amnesty boxes to date. Airports that do use this system include:

• Aspen County Airport (Colorado)
• Colorado Springs Airport (Colorado)
• Harry Reid International Airport (Las Vegas)
• Midway International Airport (Chicago)
• O’Hare International Airport (Chicago)
• Pitkin County Airport (Colorado)

Cars

Traveling with medical cannabis products in your own personal vehicle is the safest way to go in a legal state, especially if the cannabis is locked away and out of view. But if you’re renting a car or driving someone else’s vehicle, there may be some gray areas, especially if you are traveling through states with unfavorable medical marijuana laws.

Furthermore, do not use marijuana while operating a vehicle, and obey all traffic laws to reduce the likelihood of the police pulling you over.

Trains and buses

If using public transport, recognize that trains and buses have their own rules and regulations. Greyhound and Amtrak, for example, do not allow for the consumption or transport of cannabis in their vehicles, even in legal states.

Subways and commuter trains

You definitely cannot smoke weed on subways and commuter trains. The U.S.’s largest transportation hub, the Metropolitan Transportation Authority (MTA) in New York, banned all smoking in 1988. As for traveling with your medical marijuana, subways and commuter trains will have their own rules and regulations to which you must adhere.

Boats and ferries

The United States Coast Guard wants you to leave your weed at home. When you travel through waterways, you may be unaware that you have left one jurisdiction and entered another. If the place you sail through has outlawed marijuana, then you are subject to those laws.

Traveling internationally with medical marijuana

Many countries continue to crack down on drug offenders, including medical marijuana users, depending on where you go. Bali, Indonesia, has one of the harshest penal systems in the world for people caught with marijuana. Making no distinction between medical marijuana and recreational cannabis, the government of Bali sentences people caught with weed to a minimum of four years in prison.

Other Asian nations, including China, impose similar harsh penalties on people who bring marijuana across their borders. Even in countries where medical marijuana is legal, like the Netherlands, there is a fine line between medical and recreational use, with the latter decriminalized but not legal. If you’re traveling in Holland with more than five grams of cannabis and lose your MMJ card, you may be penalized.

The best advice for someone who wants to travel internationally with medical marijuana? Don’t do it.

How to store medical marijuana while traveling

Storing medical marijuana while you travel is simple: keep it in the original packaging. Traveling with any unlabeled prescription bottle can lead to legal trouble. Discreetly store your medical marijuana in a zippered compartment in your luggage alongside your MMJ card and any corresponding paperwork.

What to do if you’re detained but have a medical marijuana card

First, know that you have legal rights, and try not to panic. Be respectful, and present your medical marijuana card and any accompanying documents. If the issue persists, get in touch with an attorney.

Checklist for traveling with medical marijuana

The safest way to travel with medical marijuana is to avoid doing it in the first place. However, if you must travel with medical cannabis, here are some important points to keep in mind:

• First, be sure that your MMJ card has not expired or is near expiring (within 30 days).
• Take your doctor’s certificate or recommendation letter with you.
• Keep your medical marijuana ID card with you at all times.
• Make a copy of your medical marijuana card and store it in a travel safe.
• Leave another copy of your medical marijuana card with a trusted loved one at home.
• Keep your medical marijuana (and all prescription medications) in the original packaging.
• Have your physician’s phone number and other contact info handy.
• Keep a lawyer on speed dial, just in case.
• Don’t travel over state lines with marijuana or any other cannabis product, even if you are a medical patient with a valid card and recommendation.

The bottom line on traveling with medical marijuana

Traveling with medical marijuana is complicated. Keep yourself informed of the most up-to-date state and federal laws to ensure that transporting medical marijuana to your destination is legal.

The most important thing to remember is that currently, traveling with cannabis in your possession is illegal if you are crossing state lines, even between two states that have legalized medical or adult use cannabis.

Experience the benefits of medical marijuana safely and legally in your home state by applying for your MMJ card with Leafwell. Our doctors are here to guide you each step of the way and consult with you online.

Frequently asked questions

Will I get arrested if I bring medical marijuana to the airport?

Yes, you do risk arrest if you bring medical marijuana with over 0.3% THC to an airport, even if it is not the top priority of airport security. Do not fly with cannabis, as it is illegal to do so. However, hemp-derived CBD products containing no more than 0.3% tetrahydrocannabinol (THC) are permitted on flights in the United States. Be careful when it comes to traveling to other countries, as in some instances even carrying hemp-derived CBD may bring some trouble.

What is the best way to travel with medical marijuana?

The best way to travel with medical marijuana? Legally! Follow the law wherever you go. Most importantly, make absolutely sure you have your medical cannabis card with you at all times. Possessing cannabis without a card could land you in deep trouble, especially if you’ve left your home state.

In general, it is best to avoid traveling with cannabis, as it could land you in legal trouble even with a valid medical card.

Can I pack medical marijuana in checked luggage?

No, you cannot pack medical marijuana in checked luggage. Marijuana remains illegal at the federal level, so packing any MMJ in your checked bags is not advisable. TSA agents do not directly search for drugs, but they will hold you accountable if they find anything suspicious or illegal in your bags.

Resources

• TSA: What Can I Bring?: https://www.tsa.gov/travel/security-screening/whatcanibring/all?page=28#:~:text=Accordingly%2C%20TSA%20security%20officers%20do,to%20a%20law%20enforcement%20officer.
• American Airlines Restricted Items: https://www.aa.com/i18n/travel-info/baggage/restricted-items.jsp#marijuana
• MTA Rules of Conduct and Fines: https://new.mta.info/document/17001
• Don’t Smoke on the Water: Coast Guard Warns Boaters to Leave Weed at Home: https://www.nbcboston.com/news/local/coast-guard-warns-boaters-leave-weed-home/61806/
• Explore Indonesia: Essential Travel Information: Local Law: http://www.indonesia.travel/my/en/general-information/local-law.html

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