First thing you need to know is that marijuana is classified as a Schedule 1 drug by federal law, meaning that it’s seen as a drug with no medical benefits and a high risk of abuse. But even though it’s illegal according to the federal law, numerous states have passed laws that permit the possession, use and administration of medical marijuana. Of course, if you have a medical marijuana card in your state and you’re not breaking the laws in said state regarding to it, you have no risk of getting in trouble with the authorities. But what happens when you want to cross the state’s borders while possessing medical marijuana and its products? The basic answer would be that you can’t do so. This is a matter of federal law against state law, in which the federal law wins. As long as you’re inside the state, the state laws apply. But as soon as you cross the border, you’re under the federal law. So possessing marijuana when you cross the border between 2 states, even if both of them permit medical marijuana use, is illegal, regardless if you’re a patient in need with a medical marijuana card and have recommendations from your marijuana doctor.
So, what can you do?
There are few solutions to this issue. There are numerous states that permitted a recreational use of marijuana. Also, a number of states offer reciprocity to out of state medical cannabis cards, meaning that they’ll accept your Florida medical cannabis card. You should keep in mind that each state has its own laws and rules regarding medical and recreational marijuana. Moreover, the amount of substance and levels of THC are also vary from state to state. So it’s better to be updated about your destination’s rules.
Here’s a list of states that accept out of state medical marijuana cards.
You can go to those states and buy your products there. Other than that you can’t travel with your medical cannabis weed products, and it doesn’t matter if you have recommendations from your cannabis doctors in Florida.
Here’s a list of states that permitted the use of recreational cannabis
When you’ve flying, you’re under the jurisdiction of the federal law, meaning you can’t have any medical cannabis products with you, on your carry-on bag or checked bags.
Having said that, keep the following thing in mind:
Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.
This is taken from the TSA site, meaning that you can have the specific marijuana products that was stated here with you on your flights. The airports must play it safe with the federal laws, so they have to report it to the law enforcement officer if they find a suspicious substance on you.
It’s not clear whether you’d encounter any problems if cannabis products would be found, and it’s also not clear if and who can make an arrest.
According to some testimonies, you probably won’t find yourself in jail and the worst case can be that you’d be investigated and therefore miss your flight.
So I’d say that unless you want to experience any discomforts and take a risk of missing your flight, play it safe. But anyway, understand that it’s a very flexible issue and probably depends on the policy of the airport and the mood of the officers.