WNBA star Brittney Griner made headlines after being arrested for bringing less than one gram of medical cannabis oil into Russia. After being convicted and sentenced to nine years in prison, she spent almost ten months behind bars before being released in a prisoner swap with Russia. Griner’s story serves as a cautionary tale, one that highlights the importance of understanding the laws related to traveling with medical marijuana.
You don't have to leave the country to face imprisonment for possession of marijuana. For instance, in Florida possession of 20 grams or less is a midemeanor that can result in up to a year in prison and a $1000 fine. Possession of more than 20 grams is a felony that can lead to five years or more in prison. See all state laws HERE.
Similar legal risks apply to traveling with kratom, a southeast Asian herb that many chronic pain patients find effective for pain relief. Getting arrested for kratom possession is serious business. Shaina Megan Brown was arrested in Alabama, where kratom is illegal, 200 feet from the Florida border, where kratom is legal, for possession of 8.8 ounces of kratom. Brown, who is from Florida, told police she didn’t realize she was no longer in Florida. She is currently jailed on $1 million bond, facing a minimum sentence of 10 years in prison. (You can contribute to Shania’s legal defense fund HERE.)
The Alternative Pain Treatment Directory is here to help you stay safe, but because the laws are murky and subject to change, do not travel without researching the specific laws that apply to the state or country which you plan to travel to. Know before you go.
Domestic Travel:
Can I bring my CBD with me when I travel by air within the United States
According to TSA (Transportation Security Administration), “products that contain hemp-derived CBD oil or that are FDA-approved are generally legal & can fly. It is important to make sure that any of your cannabinoid-derived products contain 0.3% THC or less.”
Products should be transported in their original packaging, bottle, or container with the manufacturing label intact.
If you plan to travel with a CBD vape, it must be packed in your carry-on bag. There are restrictions regarding vape batteries as well, so before traveling, check the specific rules that apply to the airline you are traveling on.
Does TSA check CBD to ensure that it does not exceed 0.3% THC?
According to Highline Wellness, “a TSA agent will not be able to immediately tell if a CBD product contains less than 0.3% THC. No on-site testing is done on the product. If you really want to fly with your CBD oils, CBD creams, or CBD gummies, but are worried they will be confiscated even though the guidelines have been followed, you can print off the official testing done by the company to prove the amount of THC.”
What happens if I travel with CBD that exceeds 0.3% THC?
According to TSA, TSA officers are required to report any suspected violations of law to local, state or federal authorities. Although possible, this is very unlikely to occur.
If I live in a state where recreational marijuana is legal, can I bring it with me when I travel out of an airport located within my state?
No, you cannot. TSA operates under federal jurisdiction, not state. They are bound by federal law, and under federal law, marijuana is illegal.
What happens if a TSA agent discovers that a traveler is in possession of marijuana?
When asked this question by News 8 in Rochester, NY–a state where marijuana has been legalized–the TSA issued the following statement: “TSA officers are not looking for marijuana or other drugs, however if they come across it during the regular security screening process, TSA will notify local police at the airport because marijuana is illegal from a federal perspective. It is up to the police as to how they want to handle it. This is how it is handled in every state and every airport.”
Local police will enforce the laws that apply to the state in which the airport is located.
So, the TSA isn’t screening for marijuana or other drugs?
No. According to TSA, their 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.
Do different rules apply to medical vs. recreational marijuana?
The same rules apply to both recreational and medical marijuana. Medical cannabis patients are in violation of federal law when in possession of cannabis.
What if I’m traveling by car? Can I cross state lines with my medical marijuana?
Even if you are traveling by car, you must adhere to the marijuana laws that apply to the state that you're traveling to. If you’re going to a state with medical marijuana reciprocity, you may have to sign up for your destination state’s medical marijuana program.
It is important to understand that federal drug trafficking laws apply to anyone who transports cannabis across state lines. This is the case even if both states have medical cannabis programs.
What is the worst-case scenario if I was caught crossing state lines?
While it is very unlikely that a person transporting medical cannabis across state lines would be prosecuted , they could face up to five years in prison and a fine of up to $250,000 for a first offense or double those amounts for a second offense.
What laws apply if I’m crossing a land border into the U.S.?
U.S. Customs and Border Protection adheres to federal laws. It is against the law to be in possession of marijuana when entering the U.S. via a land border.
Travel to Mexico:
Can I travel to Mexico with medical marijuana?
According to Adventure Mexican Insurance, “Mexican officials do not care you are a chronic pain patient or have other medical conditions and will not recognize your medical marijuana card, period. If you are found bringing marijuana in any form into Mexico, you will go to jail.”
Can I travel to Mexico with CBD?
According to Matador Network, “CBD is permitted across the USA-Mexico border, but the label has to state that it is hemp-derived. CBD is legal in Mexico as long as the product contains less than 0.1 percent THC.”
Travel to Canada:
According to the Government of Canada, “It is illegal to take cannabis – including products containing cannabis, such as edible cannabis, cannabis extracts and cannabis topicals, and all products containing CBD – across the Canadian border, whether you are entering or leaving the country.”
According to Canada Border Service Agency, “Transporting cannabis across the border in any form – including any oils containing THC or cannabidiol (CBD) - without a permit or exemption authorized by Health Canada remains a serious criminal offence subject to arrest and prosecution, despite the legalization of cannabis in Canada.”
Traveling from the U.S. to a destination outside of North America:
Can I travel with medical marijuana?
No.
Can I travel with CBD’s internationally?
According to testfortravel.com, “CBD may be legal, restricted, or in the legal gray zone in Europe. Therefore, make sure both the country you are leaving and your destination allow you to transport CBD. Bear in mind that just because CBD purchase and consumption are legal in one country, that doesn’t mean that air transportation is also legal. If you wish to travel with CBD within Europe legally, you must also carry a tax receipt and a certificate proving the hemp’s origin. Otherwise, security authorities will have no way of knowing where the product came from and its active components. Store all packaging, labels, and receipts with your CBD products. Alternatively, some countries may ask you to have a doctor’s note.”
Countries outside of Europe:
According to Matador Network, “There are very few countries in Asia that are CBD-friendly, so it’s important to research your travels with cannabis oil based on the destination. Traveling with your CBD to Japan, Singapore, and Russia could land you with an astronomically high fine or thrown in prison. And although China has been known for a bustling CBD industry, using, selling, or buying CBD in China is absolutely illegal.”
What laws apply to traveling with kratom?
Kratom is legal on a federal level. Because planes and airports operate under federal jurisdiction, you can technically fly with kratom anywhere in the United States. However, kratom has been banned in six states and penalties can be very severe if caught. The six U.S. states that have banned kratom are:
- Alabama
- Arkansas
- Indiana
- Rhode Island
- Vermont
- Wisconsin
In addition, 10 cities and counties in the United States and 29 countries consider kratom to be an illegal substance. Executive Flyers has a complete list of these U.S. localities and countries.
The Bottom Line
Stay safe when traveling by being informed about local laws pertaining to cannabis and kratom and leave it at home of you are traveling to jurisdictions where it is illegal.
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