The holiday travel season is officially underway. Millions of people are setting out in planes, trains, and automobiles—and many of them are cannabis consumers. If you’re of the green persuasion, it’s essential to pay attention to the rules of the road concerning weed and travel. Given recent changes to plant policy, the nonprofit Americans for Safe Access (ASA) has offered an updated cannabis travel guide.
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While the guide is specifically geared toward medical marijuana patients, it’s an excellent resource for all types of consumers. Here are some of the most important tips and tricks.
Tip #1: Know before you go
Cannabis laws are complicated. Every state has different rules, and they often change overnight. For example, the Trump administration has recently indicated it will prosecute people for cannabis on federal land (such as national parks), and a nationwide ban on many hemp products could be coming soon.
Do your homework: familiarize yourself with the cannabis regulations in the area you’re traveling to before you depart.
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Some states offer reciprocity for medical cannabis, meaning if you have a recommendation in your home state, you may be able to use and/or obtain marijuana in your destination. ASA notes that some states require visiting medical patients to register with the state up to 30 days in advance to receive protections and access to products. You’ll also need an updated medical recommendation and a current medical marijuana card in your possession at all times.
And remember that traveling with cannabis products across state lines, even when going from one legal state to another, is a federal crime.
Tip #2: Create extra safeguards
An ounce of prevention is worth a pound of cure. Exercise extreme caution when traveling with cannabis, and take extra steps to protect yourself.
Check your luggage for weed before your departure, regardless of how you’re traveling. At the airport, vape batteries are banned from checked luggage. While the TSA has acknowledged they’re not looking for cannabis, if they find out while looking for something else, they could report it to law enforcement. You are permitted to fly with CBD products as long as they contain less than 0.3 percent THC. It’s wise to bring documentation verifying their hemp origin, such as a certificate of analysis.
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On the ground, you should also tread lightly. Amtrak bans the use or transport of cannabis in any form, even in legal states. If traveling by car, always put cannabis products in the trunk. Many states, even ones with legal weed, require this. Some states may even attempt to charge you with a DUI if cannabis is found in the passenger compartment, something that can be hard to fight if you have any amount of THC in your system.
Tip #3: Review your rights
While cannabis possession laws vary, the ASA reminds you that you have a right to be free of unlawful search and seizures. If you’re pulled over by police, you are allowed to say you do not consent to a search.
It is important to state this loudly and clearly. If the search is deemed illegal under the law, any evidence obtained from it may be inadmissible in court. However, if you consent to the search at any time, anything officers find can be used against you at trial.
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Cannabis may be legal in most states, but between federal law and local regulations, it can still be risky for consumers to travel. Exercise caution, know the rules, and be smart to protect yourself (and your stash) this holiday season.
