Do Not Travel with Cannabis Products

Home | Canna Law Blog | Do Not Travel with Cannabis Products The recent arrest in Russia of WNBA player Brittney Griner highlights the perils of traveling with cannabis products. For those not familiar with the matter, Griner was detained after Russian Customs "allegedly found vape cartridges containing cannabis in her luggage." At the onset, it must be noted that Griner's arrest comes at a time of unprecedented tensions between Russia and the United States. While the incident predates the Russian invasion of Ukraine, it's not as if U.S.-Russia relations were hunky-dory in the leadup to hostilities. As far as this particular case goes, we cannot dismiss the possibility that Griner is an unfortunate pawn in the geopolitical game, who may in fact be blameless. This said, a lot of travelers do get in trouble as a result of their own decisions regarding cannabis. Here are some basic tips for avoiding problems, if you want to even consider traveling with cannabis products. First, make sure you really understand the legal status of the product in your home country. A first-time visitor to the United States who spends all their time in Seattle may, if not versed in the legalities, assume that adult-use cannabis is legal across the United States. But it isn't. What's more, it's unlawful at the federal level, and the feds are in charge of border controls and aviation. Second, do that same thing for the country of destination. Keep in mind that a country may be fine with certain activities relating to cannabis, but not others. In fact, even countries that are pretty open when it comes to cannabis may draw the line at importation. Along the same lines, a country may not be too hung up on the whole reefer madness thing (which is not to say that you should ever travel with actual cannabis!), but it may take food and drug safety very seriously. Similarly, there might be a high degree of tolerance for cannabis use in a particular country or area, but that may not reflect laws on the books. What is OK in bars and beaches may not be OK at an airport or border crossing. Finally, don't forget about transfers. International transfers are not like domestic transfers: There is a good chance you'll need to go through security controls. And depending on the circumstances you may need to go through immigration and customs controls -- even if you're just in transit. Don't neglect transfer points when analyzing legal risks. To conclude, unless you have some ironclad legal advice regarding the treatment of a particular product in the countries of departure, transfer, and arrival, keep those products at home. And we mean it when we say ironclad: There's a lot of sketchy information online when it comes to cannabis. You don't want to make decisions that could land you in jail based on that kind of information. Talk to someone who truly understands the law. Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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