Legal Question in Criminal Law in California

is it legal to fly with medical marijauana im flying from sacramneto CA to kona HI with a stop in honollulu hi


Asked on 12/06/12, 3:11 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. Marijuana is still illegal at the federal level, and you are definitely putting yourself squarely within federal jurisdiction by going to the airport to get on a plane.

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Answered on 12/06/12, 3:59 pm
Brian McGinity McGinity Law Office

Airports, airspace, airplanes and anything involving air travel is control by the FAA and Federal Law. So when traveling by air law enforcement falls under federal jurisdiction. Under the federal law, marijuana is a "substance 1" substance and it is illegal, period. In fact in federal court the medical application of marijuana is pre-cluded because it is legally classified as a substance 1. The problem is that all commercial air travel falls under federal jurisdiction. Therefore it is illegal, period end of story.

Good luck

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Answered on 12/06/12, 4:11 pm
Terry A. Nelson Nelson & Lawless

You'll be arrested on federal and state felony drug charges at the airport.

CA has an actual official medical marijuana card issued upon doctor�s certification of medical need. Local �dispensaries� will sell you a card, which is not CA official, but both are frequently accepted by local CA police to avoid an arrest for small possession. Neither card is honored by �the feds, nor all police. It is a Politically Correct fiction applicable in California only, not binding upon federal law enforcement or courts. You risk federal felony prosecution for even mere possession.

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Answered on 12/06/12, 5:45 pm


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