If you call our state home, you may be aware that recreational marijuana use is legal under certain circumstances. If you are at least 21, and the amount of marijuana is under a certain quantity, you are allowed to have marijuana and use it recreationally in a private residence, like your home.
But what if you need to take a trip? What if you are traveling from Michigan to another state where recreational use is legal? Is that now legal?
Airports are governed by federal law
Federal law still declares marijuana use illegal. In other words, as far as federal law is concerned, there is no amount of marijuana you can legally possess (including edibles), even if you reside in a state with legalized recreational use.
Essentially, when you enter the airport property, you step onto federal land. The skies are also considered federal space. So, from airport entry to take-off and landing, you are bound by federal laws.
Because federal law controls airports and airspace, and federal law prohibits possession of marijuana, you may not fly with marijuana legally.
Different states have different responses to a passenger trying to bring marijuana through a security checkpoint.
One possibility is that, if you are in a state where marijuana is legal, you may just be asked to throw it away or use an amnesty box, if available, but depending on the amount and the discretion of the TSA, you may also face charges.
It is always in your best interest to leave it at home.
If you face charges
It is understandable that with fluctuations in marijuana laws for legal recreational and medical use, you may not always have the most current understanding of state and federal laws.
If you find yourself facing possession or trafficking charges, it is in your best interest to contact a defense attorney, who will understand that sometimes, we make mistakes. A criminal defense attorney can assert your right to defend yourself against charges, and work with you to individualize a defense based on your unique circumstances.