jabouf

Hello all,

I am a medical marijuana patient. I intend to travel next week to a non-MMJ state and of course intend to bring a small amount of cannabis, about 3 grams.

I have had friends travel with cannabis without problems, but just need to know if there is a threat of being caught in the airport.

I will conceal it within my carry-on, but will the X-ray machine be able to detect it? In the past my friends would simply walk through security with the pot in their pocket but with the new body-scanners and patdowns I don't think I will do that.

Any advice?

Boggie Dog

I don't know how TSA treats medical marijuana in those states that have such but I suspect your looking for trouble going to a state that does not have these statues. TSA is a Federal checkpoint and if your stash is found police will be called in most cases.

I would reconsider.

jabouf

No I will not reconsider whether or not I should bring my medicine with me, thanks though.

FliesWay2Much

You can check the web site in my signature line for current information about <whole body scanner> use at the airports you've be using. You may find that at least one of the airports doesn't have <whole body scanners> machines or is pretty easy to self-opt out.

eturowski

OP, I just can't imagine this ending well.

I agree, if you get stuck with a body scanner, you are not going to be able to rely on carrying your stash on your person. The machines will almost certainly find an "anomaly", and a pat down would probably also find it.

Also, if it is seen in your carry on in the X-ray (which it may or may not be), and you have a boarding pass that clearly indicates you are traveling out of state, then I can't imagine the TSA is going to let it slide (especially because they are technically under federal jurisdiction). They will probably jump at the chance to increase their "prohibited items" tally.

Maybe you could bake it into something and take that with you?

The good news is, if you keister it, you probably won't get caught. TSA hasn't stooped to cavity searches yet.

Boggie Dog

That is your call.

I would suggest having the phone number for a lawyer handy.

Doc Savage

Yeah.

Don't do it. You run a big risk of being arrested and prosecuted. You will be going through several places where you do not actually have any protection for warrantless search, i.e., the airport security both ways.

VelvetJones

This brings up an very interesting question. Initially I though the OP was insane and sure to be busted, but the more I thought about it, it does bring up an interesting legal question. If the OP is departing from a state where MM is legal and they have a valid prescription, even if the TSA stops them and calls the police, what are the police suppose to do? Technically the OP is not breaking the law in that state. Now MM is still illegal under Federal law, but the local airport LEOs are not Federal officers. Would the TSA really call the DEA or some other Federal agents for such a trivial offense? Is the fact that they're travel to a state where MM isn't legal even relevant? Good subject for research, I'm curious if there have been any existing cases.

essxjay

Let's please welcome our new member by offering our expertise, and resist the temptation to moralize and lecture ala OMNI/PR. Thank you.

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essxjay
TS/S moderator

rochel

I would reconsider driving vs flying then. Since your medicine is a Class 1 Controlled Substance per the DEA, regardless of what your state says.

At the very least, I imagine that it will be confiscated.

Good Guy

Which airport are you flying out of? I'd like to meet you.

essxjay

Welcome to Flyertalk, jabouf. ^ Looks like you've gotten a number of helpful answers thus far. One of our members, pmocek, is a treasure trove of info on this topic so you might send him a note through the Private Message system. When I have a moment I search for some of his threads.

greentips

You are of course free to choose your own course. But before you do, please make sure you are fully informed of the possible (and likely) consequences of your actions.

First the facts:
Marijuana is a DEA Schedule I controlled substance. From the perspective of the DEA, there is a.) high abuse potential, b.) no currently accepted medical use in the United States and c.) there is a lack of accepted safety data for use of the drug and/or substance under medical supervision.

Schedule I does not allow the writing nor recognize prescriptions for Schedule I substances. I have been occasionally asked to write such prescriptions as I work near a border state that has authorized the use of marijuana under a physician's supervision. I need my DEA number and there are no peer reviewed data that suggests a Schedule I substance is any better than Schedule II-IV or non-controlled substances. So, I don't/won't.

Now, here's what I recommend you do..

Do yourself a favor, see your physician who is supervising your medical marijuana use and get a prescription for Marinol, which is a Schedule III substance. The cost of the doctor's visit and filling the prescription will be far less than spending lots of time discussing the pros/cons of federal and state drug laws with lawyers who charge at least $2/pound/hour (of lawyer weight, that is).

Note that the Marinol RX will not make marijuana legal. It is only valid for Marinol. And stop smoking -- its bad for your lungs! (but good for my business -- which is really really bad for you).

yyzvoyageur

I'll try this again. My advice is to not do anything illegal that could land you in jail. I have no moral objection. I simply think it's foolhardy to: (a) post on an internet message board requesting advice on how to break the law without getting caught, and (b) subsequently do something illegal that could result in criminal charges and possible jail time.

Boggie Dog

If the OP gets out of the departure point with their "medicine" and is found to have drugs on their person while in the non-MM state I would anticipate going to jail. It will all depend on local laws or how that issue is handled locally but some areas will push the issue.

I still suggest having the number of a lawyer handy and add have enough cash to arrange bail.