The City of Chicago website says, “As of January 1, 2020, recreational consumption, possession, and sales of cannabis products are legal in the State of Illinois.” HB 1438–The Cannabis Regulation and Tax Act–states:
“Starting January 1, 2020, adults over 21 will be able to legally purchase cannabis for
recreational use from licensed dispensaries across the state.
The possession limit for Illinois residents:
- Thirty grams of cannabis flower.
- Five grams of cannabis concentrate.
- No more than 500 milligrams of THC is contained in a cannabis-infused product.
- Registered patients in the medical cannabis pilot program may possess more than 30 grams of cannabis if it is grown and secured in their residence under certain conditions.”
So, if marijuana is legal in Illinois and another state like Colorado, for example, can you bring your weed along on a commercial flight? At least 21 states have legalized marijuana for recreational use, and 37 states have legalized marijuana for medical use.
Federal Law
The problem is that marijuana possession is still illegal according to federal law. Even though President Biden pardoned certain individuals who were convicted of the federal possession crime, the federal government still classifies weed as a Schedule I substance. The United States Drug Enforcement Administration (DEA) says that “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.”
Airport Operations
Most airports are not federally owned and operated, but air travel is federally regulated. That said, most airport weed arrests involve DEA-classified larger marijuana amounts.
Medical Marijuana
The Transportation Safety Administration (TSA) states that medical weed products that “contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA” are allowed in checked and carry-on baggage. If marijuana is found in a passenger carry-on, the TSA might not ask to see a medical marijuana card unless the amount looks like an unusually large amount. There is no guarantee, however, that the TSA would not contact local police or even the DEA if they had a reason to believe the weed was not just for personal use.
O’Hare Disposal Boxes
Some airports across the country offer designated marijuana disposal boxes–sometimes referred to as amnesty boxes–where travelers can deposit their marijuana before entering security lines. Information wasn’t available as to the final disposition of the collected marijuana, however.
Other Travel Considerations
It can be helpful to understand the rules, regulations, and repercussions associated with traveling with marijuana in any form. For example, a Texas mother and nurse practitioner was not permitted to go on a cruise with her family after being found to have a pack of CBD sleep aid gummies in her possession. Further, she was banned for life from ever being able to cruise with Carnival because of the incident. According to the cruise line, even though some CBD products that are used for medical reasons are legal in some parts of the country, they are not legal in all of the ports that Carnival’s ships visit. Therefore, marijuana and CBD products are prohibited on Carnival Cruise ships.
Get Qualified Legal Help
Bad things can happen to good people, and good people can commit illegal acts. Weed possession offenses may not seem like a big deal anymore, but there are plenty of other drugs that can cause you trouble. Glasgow & Olsson is a Cook County criminal defense law firm that should be your first call if you have been involved in a drug arrest or if you are worried that an arrest is imminent.
If you have engaged in any criminal activity and are worried about the consequences, do not hesitate to seek qualified legal help from a genuine licensed attorney–not from an AI website. When you need an attorney experience matters, contact Glasgow & Olsson today to learn how the firm’s experience can get you the results you deserve.