What Are the Consequences of Traveling With Marijuana? | Drug Crimes Lawyers, Wichita

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Jun 27, 2024, 13:00 ET

WICHITA, Kan., June 27, 2024 /PRNewswire/ -- Traveling with marijuana, whether domestically or internationally, can have profound legal implications depending on where you are and the jurisdiction you're traveling to or through. While attitudes towards cannabis continue to evolve globally, it's still important for travelers to understand the laws surrounding interstate travel and to be aware of the potential consequences they may face if caught with marijuana in their possession. Our drug crimes lawyers in Wichita at the McConnell Law Firm have years of experience defending clients facing drug charges and are detailing everything you need to know before stepping foot on a plane!

Domestic Travel

In countries like the United States, where cannabis laws vary from state to state, traveling with marijuana within state borders can be complex. While some states have legalized recreational and medical marijuana, others still impose strict penalties for possession and transportation. Here's what you need to know.

Legal States:
In states where marijuana is legal for recreational or medical use, individuals can typically travel within the state with a certain amount of cannabis as long as they adhere to local regulations. However, it's essential to be aware of possession limits and consumption restrictions, as exceeding these limits or consuming marijuana in prohibited areas can still result in legal consequences. Whether traveling within the state or not, you are still restricted from carrying marijuana through an airport and transporting it via air travel.

Non-Legal States:
Traveling with marijuana in states where it is illegal can lead to criminal charges, even if the individual obtained the cannabis legally in another state. Crossing state lines with marijuana, even between two neighboring states where it's legal, can constitute a federal offense under the Controlled Substances Act. Because TSA security stations are considered federal jurisdiction, they must abide by all federal laws. This means that traveling with marijuana through a TSA security checkpoint can result in criminal charges, regardless of whether you're traveling to or from a legal state.

"Flying with cannabis is illegal, even if you're traveling from one legal state to another," said Jonathan W. McConnell, founding drug crimes attorney at the McConnell Law Firm. "Once you're in the air, the federal government has sole jurisdiction, meaning you could be committing a federal offense, resulting in serious penalties."

Legal Consequences

The legal consequences of traveling with marijuana can vary widely depending on jurisdiction and the type and amount of the substances confiscated. If you get caught with cannabis at a TSA checkpoint, they will confiscate the drug from your person and may report the incident to authorities. Some potential ramifications include:

Confiscation—Law enforcement agencies may confiscate any marijuana or related paraphernalia found during a search.
Criminal Charges—Travelers caught with marijuana may face criminal charges ranging from misdemeanor possession to felony drug trafficking, depending on the quantity and intent.
Fines and Penalties—In addition to criminal charges, individuals may incur fines, probation, community service, or other court-mandated penalties.
Immigration Consequences—Non-citizens caught with marijuana, whether at a domestic checkpoint or international border, may face immigration consequences, including denial of entry, deportation, or visa revocation.

"While certain states are becoming more lax with laws regarding recreational and medical cannabis use, it's important to understand that cannabis is not legalized at the federal level," said McConnell. "With this in mind, it's best to take all necessary precautions when traveling, as air travel is considered federal jurisdiction. And the best precaution you can take is to avoid traveling with marijuana or any drug, legalized within your state or not."

Have You Been Accused?

If you need assistance with a drug charge, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a drug crimes lawyer in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of an expert drug crimes lawyer in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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SOURCE McConnell Law Firm