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Medical Marijuana [checkpoint advice?]

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Old Jun 18, 2011, 9:21 pm
  #76  
 
Join Date: Apr 2011
Location: Northern VA
Posts: 1,007
Originally Posted by TSORon
To the best of my knowledge there are very few MM states. California is of course the most well known, and if the drug is found at a TSA checkpoint in California local LEO's are called. It’s their job, not the TSA's, to determine if a law is being broken.

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.
Transporting less than an ounce is a trivial exercise. It's been done a million times. Just ask around.
Pesky Monkey is offline  
Old Jun 30, 2011, 10:23 am
  #77  
 
Join Date: Jun 2011
Posts: 305
This is not a TSA, airline or any other such type of question.

What it boils down to is state law.

If the OP, or anyone else, intends to take an illegal substance to an airport then there is a very good chance of it being discovered. At that point it becomes a law enforcement issue. Nothing more and nothing less.

It should also be noted that the OP was intending to "conceal" the substance. That certainly makes it sound like he thinks he is doing something wrong. Perhaps the MM laws don't really apply to him and he is looking to determine a way to smuggle an illegal substance across state lines?

If it was really a valid question, then he should contact the state office responsible and ask them how to handle the situation. This has nothing to do with travel safety or security.
cb1111 is offline  
Old Jun 30, 2011, 7:59 pm
  #78  
 
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,654
Originally Posted by SWCPHX
Secret container, I've seen some sold that look like a can of Pringles chips. Just don't pick a container that looks like it would hold an aerosol or liquid in the event of a bag check.
No. Don't use a container like this. Many of them use some lead in them so that they are weighted correctly. This will attract attention. I agree with the other person, about fly specking your carry-on so that you have nothing in it that will attract attention. I would, however, not try to conceal the marijuana in anything that shows consciousness of guilt. Once they are looking that deep, they are going to find it. At this point, I would rather behave as if I am righteous rather a smuggler.

Attorney General Holder has told the DEA to make medical marijuana their lowest priority in states with such laws. If the drugs come out, you want to say that you did nothing wrong. If you have cancer, glaucoma, or other serious impairment, I might not rigidly adhere to medical privilege. If you go it for a minor ache or pain, I would keep it to myself.

You are playing with fire. I am pro-medical marijuana and a lawyer, but I would be real nervous touching the stuff with a permit. I am not sure that I could remain 24/7 so perfectly within my state's exemption that an overzealous prosecutor couldn't find some minor violation of the MMA. Many courts hold that even a technical transgression of the law removes all protection of the law.

Just last week, a Michigan court declared our Medical Marijuana law unconstitutional. The Montana Legislature just tried to gut their law and it is in litigation. In my state, the police fly speck every case looking for a way to charge someone. For example in one case, someone left their medical marijuana card at home on the night in question, but brought it to the police station the next day. The prosecutor not only charged him, but got an order barring him from asserting a permit defense because the statute required him to have it "on his person." The judge found that since he didn't have the card on him at the time, he could be charged with a felony. In another case, a judge ruled that a twelve foot high locked fence protecting the marijuana was not a "secure enclosure" within the meaning of the statute because their wasn't a roof on it. That case is before our Supreme Court right now.

Think of medical marijuana as an order downgrading your violation to low man on the totem pole in terms of law enforcement priorities. Don't make it obvious and they won't look. If you treat it as a right, you are going to wind being a test case.

Last edited by Dubai Stu; Jul 1, 2011 at 6:26 am
Dubai Stu is offline  
Old Jul 1, 2011, 6:13 am
  #79  
 
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,654
PS: Apparently the DOJ changed it's stance yesterday. It is open season on dispensaries and caregivers who are anything other than a helpful relative.
Dubai Stu is offline  


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