The Perils of Cannabis Transport Without Legal Advisement

The Perils of Cannabis Transport Without Legal Advisement

The Perils of Cannabis Transport Without Legal Advisement By Robert Hoban The commercial regulated cannabis industry, which includes both industrial hemp and marijuana, is in its infancy. As such, transportation and logistics are paramount topics. We are witnessing the real-time creation and evolution of the relevant supply chains – locally, statewide, nationally, and globally. At the individual level, varying state and national laws across the country and world can make it difficult to understand what can and cannot be in your possession during travel. For example, the incarceration of Brittney Griner in Russia is either an example of the country’s heavy-handed diplomatic policies or, more likely, a high-profile cautionary tale of an individual who possessed a cannabis derivative while traveling. No one really knows whether the substance Griner was caught with was a derivative of hemp or marijuana. In addition, she was traveling in a jurisdiction that does not either allow for or has no real ability to test for, the presence of unlawful cannabis compounds. We’re left asking – what exactly did Britney possess and is it in fact illegal in Russia? In any event, at its basic level, the transport of how much cannabis an individual may or may not possess is governed at the state level under the applicable criminal/cannabis code legislative sections. Air travel for personal cannabis possession has received a great deal of scrutiny in recent years, especially considering whether the “to” location/state and the “from” location/state possess lawful cannabis programs. Yet, air travel is ultimately overseen by federal authorities who are required to enforce federal law and/or refer it to local officials. Even in a legal state like Colorado, there can be fines attached to the possession of marijuana products at the airport. There is tremendous confusion about hemp-derived products, such as CBD, and whether they are legal. While hemp derivatives are lawful under the 2018…

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