Better Call Glew: Can I Fly the Friendly Skies With a Bag of Weed?

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Jay Brockman
What are some of the safest places to hide evidence?

First of all it is against the law for anyone to advise or assist you in any way to hide evidence of any crime.  My best piece of advice to you is to hire a full time attorney and bail bondsmen because you my friend are going to need them!

I'm a medical marijuana patient and am planning a ski vacation to Colorado. Since both California, where I live, and the state I plan to visit have legalized cannabis for medical use, can I bring some of my medicine with me on the airplane?

Legal disclaimer alert: I am not a Colorado attorney and can offer you no advice on laws of that State. With that out of the way we can proceed. Since California passed our medical marijuana laws in 1996, codified as the Compassionate Use Act, many other states have followed suit. The laws of each state vary as to what rights patients are entitled under state law.

I encourage any medical marijuana patient who is traveling to contact an attorney in each state for a briefing before commencing travel. This question keeps popping up in various ways as patients are traveling between states with medical marijuana exemptions. The most important thing for you to understand is that federal law strictly prohibits the possession, transportation, distribution and cultivation of marijuana. The federal government has created no exemption for medical users in any state. The bottom line is you are breaking federal law and risk being arrested and subjected to prosecution and forfeiture proceedings by engaging in any of these activities.

The reason I am focusing on federal law in answering your question is that all commercial flights fall under federal jurisdiction. Therefore, any transportation of marijuana, medical or not, by aircraft can and will be handled by federal law enforcement. It is very likely that any detection by law enforcement could result in a minimum of a substantial delay and at worst a federal case. Remember that all those friendly folks that make you undress when you enter the screening area at the airport are Transportation Security Administration (TSA) employees. The TSA is a federal agency and their officers are charged with enforcing federal law. Please heed this warning because I would hate to see a great vacation plan turn into a travel nightmare.

Send all your questions (marijuana-related or not) to Glew at glewkimlaw@yahoo.com. Remember: Better Call Glew!

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