Marijuana usage and possession has been a hot legal topic for decades. Once completely illegal in all 50 states, new legislation has slowly been passed throughout the years to make marijuana more accessible to the public in a legal fashion. Since the 1980s, the United States has made strides in the legalization of marijuana and cannabis substances for both medical and recreational use, but the waters are still murky when it comes to possession and travel laws for each individual state and the federal government. In Nevada, any individual 21 years or older can legally purchase one ounce of a cannabis flower or up to 1/8 of an ounce of a cannabis concentrate from a legitimate dispensary. That’s all fine and good but taking that cannabis across state lines in a vehicle or on an airplane can cause problems.
Under Nevada law, it is illegal to transport a controlled substance across state lines, even if the controlled substance is marijuana that was purchased legally. Technically speaking, if you transport a controlled substance such as marijuana across Nevada borders, you are guilty of a misdemeanor. Nevada law enforcement is currently more concerned about serious drug traffickers moving large amounts of marijuana out of the state, rather than a group of young adults who take a sandwich bag of pot on their weekend road trip. Although it’s unlikely that an officer would arrest you for having a small amount of recreational pot, you could still face charges and fines for your possession.
If you do happen to be arrested while traveling out of Nevada and are in the position of recreational marijuana, several factors play into the outcome. If your marijuana was confiscated as a result of a separate crime, and that marijuana serves as evidential value to the charges, it is placed within a vault until the criminal case has been adjudicated. It is then properly destroyed.
If your confiscated marijuana is not linked to any crime, then it is documented and returned to you when you’re released from jail.
Plane travel is also tricky business for legally purchased marijuana possession. According to the TSA, marijuana is not permitted on any airplane. Even though Nevada and several other states allow for the sale of recreational marijuana, it is still considered to be a Schedule 1 controlled substance under federal law, and the TSA is controlled by the federal government. The TSA isn’t necessarily on the lookout for marijuana in carry-ons, but if they do find it, the local police are contacted to take care of it. LAX recently allowed for passengers to bring marijuana in their carry-on luggage, however you can only fly into states that allow for recreational marijuana.
Being informed of the law surrounding traveling with marijuana in Nevada is important for your safety and wellbeing. Knowing your rights is half the battle in a legal case, and we at Joey Gilbert Law will take care of the rest in any worst-case scenario you may find yourself in.
