Whether by plane, train or automobile clients always ask me how they can safely travel with their personal amounts of medicine. For medical cannabis patients, knowing the rules to safely travel with their medical cannabis can be frustrating. If a patient isn’t cautious while traveling to a state that doesn’t allow medical cannabis or to a state that doesn’t have reciprocity agreement with other states can make for an unnerving law enforcement encounter. Adding to this confusion is the ever-present conflict between state and federal law, which complicates travel that is governed by federal agencies.
Flying the Friendly Skies
Technically, it is never legal to fly on commercial airlines with your medical cannabis because airports, and by extension aircrafts, fall under federal jurisdiction and cannabis remains illegal under federal law. The United Patients Group states “If you choose to travel by plane with medical cannabis, you risk being detained, arrested and prosecuted under federal law even if the state you are departing from allows you to posses and use cannabis legally. As such, it can be very risky for patients to carry their medicine on flights.” However, TSA policy and anecdotal reports suggest that passengers who travel within states and between states in which they can legally use medical cannabis will likely be permitted to fly. It is crucial that patients carry the appropriate documentation with them so they may present it to TSA if necessary. Allow yourself extra time to get through security because the presence of the cannabis might trigger additional screening. Ultimately, the final decision rests with TSA Agent on whether to allow a patient to board with their medical cannabis.
Travelling By Train
One benefit of travelling by train is that there is less security and screening. However, it’s always risky when you cross state lines with medical cannabis, and your travels might take you through states with no medical cannabis laws. Additionally, Amtrak Police aren’t like TSA who refer non-security issues to local law enforcement; they have full jurisdiction on Amtrak property and enforce federal laws. While Amtrak generally does not screen with the same level of scrutiny as TSA, you have little legal protection if they do search. You might have your medicine confiscated, removed from the train or worse, have the case referred to federal law enforcement. Long train rides on Amtrak might also be difficult due to a June 1, 2013 policy that prohibits the use of medical cannabis and electronic smoking device while aboard the train.
Cruising
Over the years, cruising has become a popular way to spend a vacation. Cruisers are still subject to screening before boarding a cruise ship. Both your person and bags go through security, and drug-sniffing dogs have been seen roaming terminals and ports. Additionally, Norwegian Cruise Lines’ Guest Conduct Policy (and other cruise lines) have similar rules, “No illegal drugs, including but not limited to medical cannabis, are allowed onboard or may be utilized during a vacation, including during transfers to and from ships, inside terminals, during shore excursions or at our private island. Illegal drugs or substances will be confiscated and appropriate action taken, which may include removal from the ship and involvement of appropriate authorities. Foreign governments at Norwegian Cruise Line ports of call have strict laws that address drug possession. Guests found in violation of such laws are subject to arrest and prosecution by the foreign jurisdiction, perhaps United States or other authorities and may be prevented from re-boarding the ship.”
Patients who wish to travel with medical cannabis must carefully weigh their risks. It’s always crucial to travel with absolute smallest amount of medicine necessary and to always carry appropriate documentation.
“Kimberly Simms is an attorney license to practice in California and federal courts. The Law Office of Kimberly R. Simms is a full-service law firm in San Diego with expertise in medical cannabis law. Go to www.simmslaw.com”
