Houston & Alexander, PLLC
Call Today - Free Consultation
423-933-1972 or 888-351-9893

Importing marijuana oil for medical use in TN breaks federal law

People with a host of terminal, intractable or untreatable conditions often turn to marijuana for help. Extracts and concentrates often suppress symptoms or even reverse them in some cases. Some research has shown that highly concentrated marijuana oil can kill cancer cells, while anecdotal evidence shows that similar products can suppress seizures and tremors in those not helped by traditional pharmaceutical options.

In order to allow some people with severe conditions the chance to treat themselves, Tennessee lawmakers created and passed SB 280 in 2015. This bill creates an exemption to state criminal law for drugs for people who meet certain requirements. Unfortunately, this bill neither created a medical marijuana system for the state or a legal means of obtaining marijuana extracts. That leaves many people with medical conditions or sick family members in a legally precarious position.

Both the marijuana and the recommendation come from elsewhere

Under the current law in Tennessee, the only legal way for someone to possess marijuana for medical purposes is to buy it in another state. However, people can't just drive or fly to another state and bring back marijuana. The law requires that the marijuana user also obtain a doctor's recommendation or order for marijuana. That person can then legally possess professionally made and labeled marijuana extracts purchased in that state.

The marijuana extract must have a label that shows it contains no more than 0.9 percent THC. There is no limit for the amount of CBD the product can contain. Unfortunately, any attempt to travel with marijuana, even if a patient meets these criteria, is a violation of federal law that could result in prosecution.

You can't bring marijuana across state lines legally

Marijuana remains a Schedule I controlled substance in the United States. You violate federal law when you intentionally transport any kind of marijuana across state lines. While possessing it may be legal in the state of origin, the process of transporting it back home to Tennessee leaves you open to serious criminal charges.

While there have been some widely-publicized stories about marijuana users traveling on airplanes from one state with adult recreational or medical legalization to another with a similar law, there is always potential for arrest, detention or confiscation of the marijuana if you try to board a plane with it. Even with a doctor's recommendation, you could face legal issues.

Attempting ground travel with marijuana could pose even more legal issues. Depending on the state where you source the marijuana, you could have to travel through several states that don't recognize your claim to medical use. If you're bringing enough marijuana extract to last for several months or longer, there is potential for serious state or federal criminal charges.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact us to schedule a consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

attorney group

Learn More At A Free Consultation With One Of Our Lawyers

Please call our office at 423-933-1972 or contact us online for a free consultation.

If we accept your personal injury case and you retain us, we will represent you on a contingency basis. This means you will owe attorneys' fees only if we obtain compensation for you. In criminal law matters, we charge reasonable fees.

Houston & Alexander, PLLC
3417 Dayton Blvd
Chattanooga, TN 37415

Toll Free: 888-351-9893
Phone: 423-933-1972
Chattanooga Law Office Map

Review Us