Medical Marijuana [checkpoint advice?]
Jun 12, 2011, 12:14 pm
#61
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Based on previous court rulings, sealing it in an envelope and placing the envelope inside your carry-on is probably your best bet. *If* the bag is searched, and they come across what appears to be a flat envelope, they would be going against the previous court rulings should that envelope be opened and its contents examined - which can be used to dimiss the evidence in court based on it being an illegal search.
@:-)@:-)^^
OP: Follow this advice.
That is a bad idea (if you are suggesting what I think you are suggesting).
I have known several people who have frequently flown within the US with marijuana (with or without a recommendation) and it has never been found. One person usually kept his in his golf bag. Twice, when he picked up the golf bag, there was a note from the TSA that they had removed his lighters!
Excellent assumption.
Which higher court? The 9th Circuit hasn't ruled in the new case (kiddie porn) and the Fofana decision isn't a higher court. The only opinion would be the earlier 9th Circuit opinion about the money.
Jun 12, 2011, 1:20 pm
#62
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http://online.wsj.com/article/SB1000...842372518.html
Jun 12, 2011, 3:30 pm
#63
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I'm assuming you're not a lawyer - are you familiar with the cases, which were decided far above "some judge in a local court in some place..", which put clear limits on what constitutes a reasonable and lawful search by the TSA?
Regardless of whether or not the TSA should even be permitted to disclose the finding of drugs, porn, cash or whatever else found during an administrative search, those higher court rulings defined the limits - if a bag of marijuana is found sitting right there in a carry-on being searched *and* the screener can clearly articulate exactly what prompted the bag search (and it cannot be the marijuana, it must be something related to the scope of the administrative search), then unfortunately the evidence can be used if the screener refers the finding to the police.
The screener cannot conduct a search related to the finding of a suspicious item, find some envelopes, then open them to read the contents - the court has drawn a clear line around this example.
What remains unclear,however, is whether or not you have the right, when the police are summoned, to state you are not giving the police permission to conduct a criminal search of your bag as the screener has not articulated an item germane to aviation security has been found - and if you refuse the cop's request to check your bag and they check it anyway, find the drugs and arrest you, you *may* have a case the cop's criminal search was unlawful - that has yet to be tested in court, and I believe it should be.
To tell the truth, I've almost been tempted to carry around a bag of oregano in my carry-on just in case I'd have the opportunity to play this out - if I refuse the cop's search request, pointing out that you cannot switch from an administrative search to a criminal one based on the evidence the screener has allegedly found, and they search me anyway, I might be in position to sue them in civil court for an illegal search - since I wouldn't be arrested for carrying oregano
Regardless of whether or not the TSA should even be permitted to disclose the finding of drugs, porn, cash or whatever else found during an administrative search, those higher court rulings defined the limits - if a bag of marijuana is found sitting right there in a carry-on being searched *and* the screener can clearly articulate exactly what prompted the bag search (and it cannot be the marijuana, it must be something related to the scope of the administrative search), then unfortunately the evidence can be used if the screener refers the finding to the police.
The screener cannot conduct a search related to the finding of a suspicious item, find some envelopes, then open them to read the contents - the court has drawn a clear line around this example.
What remains unclear,however, is whether or not you have the right, when the police are summoned, to state you are not giving the police permission to conduct a criminal search of your bag as the screener has not articulated an item germane to aviation security has been found - and if you refuse the cop's request to check your bag and they check it anyway, find the drugs and arrest you, you *may* have a case the cop's criminal search was unlawful - that has yet to be tested in court, and I believe it should be.
To tell the truth, I've almost been tempted to carry around a bag of oregano in my carry-on just in case I'd have the opportunity to play this out - if I refuse the cop's search request, pointing out that you cannot switch from an administrative search to a criminal one based on the evidence the screener has allegedly found, and they search me anyway, I might be in position to sue them in civil court for an illegal search - since I wouldn't be arrested for carrying oregano
Jun 12, 2011, 3:53 pm
#64
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It was a signifigant enough decision that the TSA tweeked their SOP to allow for searches for WEI and "identification media, as appropriate". It isn't a high court, it is a trial court.
Jun 12, 2011, 7:03 pm
#65
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Jun 18, 2011, 10:59 am
#66
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Oh, it was easy. I just put it in an empty pill bottle then replaced the pills on top. Carry on.
People get too hyper over pot, it's barely even illegal anymore. Unless you're pushing QPs+ nobody cares. (Except the poor people DARE brainwashed).
Thanks for the advice everyone!
People get too hyper over pot, it's barely even illegal anymore. Unless you're pushing QPs+ nobody cares. (Except the poor people DARE brainwashed).
Thanks for the advice everyone!
Jun 18, 2011, 11:23 am
#67
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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.
I would reconsider.
2) The DEA doesn't hang around checkpoints and certainly has better things to do than try and prosecute someone with 3 grams of marijuana on a questionable search by the TSA.
I thought Fofana was high enough a court to set some 'floor' for future cases...and Bierfeldt was another case. Here is a good summary from the WSJ about the cases - and I believe any good attorney arriving in court with the OP's case (should it get to that point) would not have much difficulty getting the evidence tossed (right there, or on appeal) if the marijuana was concealed in a way that would cause the screener to exceed the proper scope of their search to find it.
http://online.wsj.com/article/SB1000...842372518.html
http://online.wsj.com/article/SB1000...842372518.html
Jun 18, 2011, 11:26 am
#68
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Incidentally, there are people who travel with weed all the time and don't get caught. The TSA can't stop a red team with bomb parts on a test they know is coming, how often are they going to find 3 grams of weed that is "artfully concealed?" I would worry more about your return flight, given that you can be arrested or cited by the local yokel on the spot.
Jun 18, 2011, 11:30 am
#69
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In Washington State, it goes for $8 to $14 per gram, typically $10.
Jun 18, 2011, 11:52 am
#70
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Nobody can stop you from trying, but you could potentially face Federal charges if you get caught.
Jun 18, 2011, 3:17 pm
#71
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Are you in a state where MM is legal? If so, what happens? If not, are you aware of the rules in MM states? This is a tricky legal issue, I'm curious how it is handle. In general I would say that the OP would be making an unwise decision, but it would also be interesting to know what is or isn't legal.
As to the other point, if the OP is knowingly transporting his MM from a MM state to a Non-MM state, well then he falls under the law of Consequences. California MM cards are only good in California (I believe, when I was a kid there were no Medical Marijuana laws in California), and one must remember that the federal government still considers possession of Marijuana to be a violation of the law. I agree that it would be unwise for the OP to do as he is contemplating.
Jun 18, 2011, 3:40 pm
#72
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Not surprisingly, the above is wrong. Under federal law, it matters not whether one moves medical marijuana between two states where it is legal, or between one state where it's legal and one state where it isn't.
Jun 18, 2011, 3:44 pm
#73
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Jun 18, 2011, 5:10 pm
#75
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A quick google search turns up sixteen states, plus DC, where medical marijuana is legal. I don't know that I'd call that "very few." More like "a nice handful."