What Happens If I Bring Weed to an Airport But I Have a Medical Marijuana License?


What Happens If I Bring Weed to an Airport But I Have a Medical Marijuana License?

Traveling is always a chaotic experience, especially if you have to go through an airport. Between all the screenings, having to stow your bags, heading your way down the aisle, and finally getting to your seat, it can be an adventure just getting on the airplane itself. But all of this can be made even more complicated if you’re traveling with medications, especially if that medication is medical marijuana. Even if you have a medical marijuana license, traveling by air or even bringing that marijuana into an airport and be a tricky situation. It’s always important to consult with an attorney to make sure you have the best advice and information for your particular situation. However, here are some things you should be aware of.

States Matter

The world is starting to change and finally accept the fact that marijuana is a legitimate medical prescription for many people. However, whether or not you can bring that medical marijuana into an airport largely depends on the state in which you’ll be traveling to and from via airports. Even if one side of your destination is in a state that does allow medical marijuana, if the other location you’re travelling to or from doesn’t allow medical marijuana then you still might be banned from traveling with it. Currently, there are 29 states that have medical marijuana laws. That’s great, but it still means there are 21 states in which you cannot have medical marijuana even if a doctor prescribes it. It’s important to look into the state laws for any airport you’ll be traveling through during your trip.

It’s a Local Matter

A lot of people contact the TSA asking if they can bring marijuana to a particular airport. However, the TSA isn’t actually the legislative body that makes the decision as to whether or not you have broken the law. The TSA almost always defers medical marijuana cases to the local police. The trooper or officer that is called to come and speak with you might decide that you haven’t done anything wrong. They might also decide that you’ve broken a law, and they may even choose to start the process of prosecution. Even if the officer assigned to your case decides that you have not broken any laws, they can still ask you to dispose of your marijuana before you get on the plane. Or, they may let you fly.

A World of Ambiguity

As you can see, there is no one clear answer as to whether or not you can travel through airports, even those with medical marijuana laws in their states, with medical marijuana and still be safe. There is so much ambiguity in the law that it understandably makes many people nervous to travel with marijuana, even if it’s prescribed to them by a doctor. You can take doctors’ notes with you, bring any evidence you think might help you, and even contact attorneys before you fly. Still, you’re basically at the whim of the local police officer who is called to the case when you are found to be with medical marijuana in an airport.

Alternative Methods

Even if you do end up being allowed to take your medical marijuana on the plane, you’ll probably have gone through a whole lot of hassle in order to do so. For most people, it just makes more sense to set up alternative options rather than carrying your marijuana with you. If you can, have a prescription ready at the location you’ll be visiting. Or, you can consult with a local dispensary in the area you’ll be traveling to or set up some other means of obtaining your medical marijuana prescription once you get to your location. This gets a little trickier if the location you’re flying to doesn’t have a medical marijuana law on the books. In that case, you might not be able to use medical marijuana in that state at all. Again, these are tricky legal matters that require adequate representation by a legal professional.

The question of what happens to you if you bring marijuana into an airport and you have a medical marijuana license is anything but a closed case. It’s very important to consult with legal professionals in both states or all states through which you’ll be traveling by way of airplane. It’s important to have legal representation on your side if you’re accused of a crime involving marijuana, even if you’re in a  state that has medical marijuana laws. Be sure to consult a defense attorney in your state and any other applicable state to find out what the best option will be for you. Get a consultation today and make sure you’re taking the first step towards protecting your rights and your freedom while you travel.


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