A Guide to Traveling with Medical Marijuana
Currently, medical marijuana is legal in more than half of the United States, but legal recreational marijuana is OK in just a fraction. A common question for those who partake is, “Can I travel with my marijuana?”
The short, safe answer if you’re traveling within the United States, is no. And the firm answer if you’re traveling abroad is, no, never.
The federal government still criminalizes marijuana use in the United States. Any amount, for a first-time offender, is a federal misdemeanor with penalties ranging from six months to a year in jail, a $1,000 fine or a combination of jail and fines. Second or subsequent offenses, sale and cultivation increase those penalties significantly. State governments may only regulate laws within their borders, so crossing into federal lands (think: national parks), or taking a federal mode of transport will subject you to federal laws.
Air Travel in the US
According to the Transportation Security Administration (TSA) website, marijuana, medical or otherwise, is not permitted. Bold letters remind inquisitive fliers: TSA security officers do not search for marijuana or other drugs. Air travel in the US is regulated by federal agencies, the Department of Transportation (DOT), Federal Aviation Administration (FAA) and the TSA. You are subject to federal laws.
Typically, air passengers are screened for safety concerns. In the event that the TSA suspects criminal activity, the official will most often refer the matter to a local state law enforcement officer. If you’re held up for marijuana at an airport, it has been the practice of most locations to allow the state to prosecute the possession in accordance with its laws, rather than refer it to the fed.
If you’re traveling between states that have legalized marijuana, it is still important to check the practices of the airport. Some airports will check your boarding passes to ensure you’re legal on both ends of your trip, others may make you toss your stash, like a full bottle of water, before passing through security. There are likely amount restrictions in all locations and it’s advisable that you travel with a copy of your med-marijuana carrying card, a letter from your provider or any other documentation from your state regarding your recommended use.
Remember that, although legally purchased pot may go undetected by these agencies on occasion, the rule is that it is not permitted. If you are subjected to additional search, municipal, county or state law enforcement will use their discretion to charge you criminally.
Always check your luggage, carry-ons and clothing pockets to avoid an inadvertent situation, as the excuse of, “I didn’t know” is rarely acceptable to law enforcement in these scenarios. Check your local state laws and the laws of any state you wish to travel to with your marijuana. It is safe to call an airport before you travel if you’re unsure.
Vehicle Travel in the US
If you’re taking a road trip, the same rules apply. Know your state and don’t leave the border to a non-marijuana state if you’re carrying. Also, check your trip: If you pass through a state where marijuana possession is illegal, you will be in violation of that state’s laws as you pass through and would be subject to their criminal laws if you were stopped and cited.
Be advised that all 50 states have DUI/DWI laws. Marijuana is an intoxicating substance, (as are several prescription medications) and if you’re driving, it may impair your ability to do so safely. The amount of marijuana in a person’s system sufficient for a driving-under-the-influence charge is surprisingly low, so know your laws before you get behind the wheel.
Finally, it is important to note there are several parts of the country that are federal sovereigns governed only by federal law. These areas include Washington, DC and all the national parks and reservations. Regardless of your home state or reason for holding marijuana, you can — and likely will — be charged criminally for possession of a controlled substance.
If you are cited for marijuana possession, you should contact an attorney to discuss your particular situation and determine a course of action to resolve your issue. Never travel internationally with a controlled substance — even if you carry a prescription. Getting locked up abroad is a surefire way to ruin a good time.
Alexander Bachuwa is a New York attorney who focuses on consumer and international dispute resolution. For more information, visit the Bachuwa Law website or The Points Of Life, his travel blog.
Image by Justin Sullivan/Getty Images.
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There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
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- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
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Rewards Rate
| 4X | Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 4X | Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year. |
| 3X | Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com. |
| 2X | Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com. |
| 1X | Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases. |
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You may be eligible for as high as 100,000 Membership Rewards® Points after spending $6,000 in eligible purchases on your new Card in your first 6 months of Membership. Welcome offers vary and you may not be eligible for an offer.As High As 100,000 points. Find Out Your Offer.Annual Fee
$325Recommended Credit
Credit ranges are a variation of FICO® Score 8, one of many types of credit scores lenders may use when considering your credit card application.Excellent to Good
Why We Chose It
There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
- 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
- 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
- Packed with credits foodies will enjoy
- Solid welcome bonus
Cons
- Not as useful for those living outside the U.S.
- Some may have trouble using Uber and other dining credits
- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
- $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
- Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.