As the pandemic slowly winds down, people are starting to travel again. We’re seeing an increase in the number of tourists here at home, and it’s safe to assume that other states are experiencing an influx of visitors as well. Some of them – like Illinois and Virginia, perhaps – may see some of our residents popping over the border for a very specific purpose: to get their hands on some legal marijuana.
“Weed tourism” as an industry is becoming a very real thing. According to Forbes, “out of $25 billion in legal cannabis sales in 2021, Forbes estimates that as much as $4.5 billion was driven by tourists.” While traveling to purchase and use marijuana elsewhere alone is all legal, coming back to Tennessee with anything you bought is not. Finding this out the hard way is one headache you want to avoid.
Flying with marijuana may be a federal felony offense
With how many states have legalized marijuana usage, both medicinally and recreationally, society as a whole is becoming more and more comfortable with the drug. Who cares if you have edibles in your carry-on, right? It’s not really that big of a deal.
Except that it is. Marijuana and cannabis products are still considered Controlled Substances under federal law. And you know who has control over airports? The federal government. So no, you cannot bring your edibles through the TSA checkout line. In fact, TSA is supposed to report you if they find something — even if many won’t bother to.
Say you do get past TSA and onto the plane. If you arrive in a state where cannabis is illegal (like here in Tennessee), you are once again subject to that state’s laws regarding it. And, especially if you possess a large amount of the drug, this is illegal enough to put you in serious debt — and behind bars. A man landing in Nashville with two “bales” of marijuana found that out back in 2020.
What if I fly a private airline, driver, or take a train?
Even if you managed to avoid the nightmare that is TSA, you’re not in the clear. Once you cross state lines with marijuana, though, it is considered a felony. Technically, you could get busted for federal trafficking if you have enough edibles with you.
And no, you can’t mail it to yourself, either. The Post Office is a federal agency. Driving or taking the train with your drugs isn’t a safer option, either. While it may be easier to conceal, if you get caught in Tennessee possessing any amount of marijuana, you could face penalties like:
- Incarceration for up to one year
- Property seizure
- Fines between $250 and $500 (and up to $2,500)
- Loss of license
- Mandated community service
Mandated drug rehabilitation/education courses And this is only for possession. If you attempt to sell anything, the fines and penalties increase: they’re all felonies. You could spent between 1 and 60 years in prison, and face fines between $5,000 and $200,000.
And this is only if Tennessee is the entity which busts you. If the federal government gets involved, the penalties may be far more severe.
Whether you are charged by Tennessee or the feds, though, understand that a felony conviction is going to cause a lot of problems in the future. You can be denied housing and education assistance, the right to vote, and the right to carry a firearm. You can be denied a professional license, or lose your security clearance. Your record will come up on background checks. You can lose access to your children.
A quick note about other THC products
Tennessee has specific laws about hash and “concentrates,” too. If you purchased an THC-based product and bring it to Tennessee, you’re looking at 11 months in jail and up to $2,500 in fines. If you attempt to sell it here, those fines increase based on how much you purchased. Anything under two pounds is 6 years and $5,000; more than two pounds, and now you’re talking decades and potentially hundreds of thousands of dollars.
For the record, a can of hearty soup weighs a pound.
Why you need a Knoxville drug defense lawyer on your side
The stakes are high when it comes to possession of any drugs – including marijuana. That is why it is so important to avoid a conviction in the first place and understand your rights if you are charged with any sort of drug crime in Tennessee. Whether you chose to risk it and travel home from Colorado with some edibles or you were caught with an old joint in your car, or whether the arresting officer made a wrongful assumption for no good reason, you have options for defense as long as you look for them.
The Knoxville drug defense attorneys at Banks & Jones can help you avoid a life-altering conviction, no matter the circumstances of your case. We keep you informed every step of the way and treat you with the respect and compassion you deserve. Don’t wait to contact us; we want to get started on your defense as quickly as possible. Call today at 865-546-2141 or use our contact form.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones