9 states have legalized marijuana for recreational and medical use. 20 have legalized it for medical use only.
If you’re traveling with medical marijuana, you might be wondering how on earth you get around TSA agents and what happens if they find you with the weed.
Since at the federal level, marijuana is still illegal, this makes the whole thing a little bit more tricky.
But in this article, we’ll go over how you can travel safely with medical marijuana. We’ll also go over what happens if you get caught.
Traveling with Medical Marijuana: Forget the Plane
Planes may be the fastest way to travel (if you don’t count all of the time spent at the airport), but it is by far the most invasive.
Anyone who has ever had a pat down will tell you that they’re almost always a little shocked the TSA agent was able to go there without buying them dinner first.
In a post 9/11 world, TSA agents remain ever vigilant, and rightly so. They often go through your belongings, your coat and even sometimes your shoes to make sure you’re not smuggling anything you shouldn’t be.
While TSA agents are more concerned about the possibility of you carrying something that could harm other people, they can also find your stash pretty easily.
That’s why traveling via an alternate means of transportation can be easier if you’re planning on taking medical marijuana with you.
Load up your own car and take a road trip with your best friend to get to your destination. Or, you can decide to take the bus, which is often fairly cheap. While this can take several hours, you can get your nap in, watch a few movies on your phone and your weed will be safe and sound.
You can also take the train. Americans don’t travel via train as much as their counterparts in other sections of the world. But it’s safe, quicker than a car and your marijuana won’t get snatched.
If You Must Travel On an Airplane
There are some places you just can’t get to in a train or car. Sure, you can take a train from New Jersey to California, but it’ll take you at least a week to do it. If you fly, you’ll be there in just a few hours.
The TSA does not specifically search your belongings for drugs when you go through security. They are only looking for substances that could prove a danger to others or weapons. Unless you’re an international criminal wanted for smuggling cocaine across four countries, it’s unlikely they’ll be trying to find drugs on you.
If they do find your marijuana, they will hand it over to local law enforcement. It is important to note that since marijuana is illegal federally, this takes precedent at the airport. It doesn’t matter if the state you’re flying out of has legalized marijuana. You can still face fines or other punishments.
Typically, if you’re handed over to local law enforcement, they will then prosecute you at the state level. This means it’s less of a risk to fly out of an airport in California (where there are nearly 1 million marijuana users due to its legality, fun fact!) than it would be to fly out of an airport in Georgia, where marijuana is fully illegal.
It is important to note that people are rarely prosecuted for traveling with medical or recreational marijuana, but it can happen. In some cases, TSA agents may tell you to throw away your marijuana, even if it’s medical before you get on the plane.
They may also look at your boarding pass and make sure you’re going to a state where marijuana is legal. If so, they may let you through without issue.
You won’t usually have a problem if you’re not carrying a large amount of marijuana in your hand luggage. If you smoke marijuana for medical reasons, you should have a doctor’s note with you or your prescription card to show you’re not just looking to light up.
Where TSA agents start to get suspicious is if you have a huge bag of it. This might tip them off that you intend to sell it instead of consuming it yourself.
If you regularly use marijuana, you should also make sure it is only in your carry-on as you go through TSA. If you pack it in your checked luggage, they could pull it out and you could face a heavy fine or even jail time. Make sure you’re all clear before you pack.
A Word About Driving with Medical Marijuana
Don’t attempt to drive through states where marijuana is still illegal. If you get pulled over for a traffic violation, the police can decide to search your car. If you have Mary Jane with you, you can face a fine or jail time. This is true even if you have a doctor’s note and your medical marijuana card.
It’s smarter to simply not drive through states where it is illegal while you have it in your car.
Final Thoughts
If you’re traveling with medical marijuana, it is best to err on the side of caution. While people are rarely prosecuted for traveling with it, you never know what will happen to you. You could end up being the exception to the rule.
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