As Thanksgiving approaches, many Colorado residents are gearing up for travel. Whether you’re heading across the state to visit family or embarking on a longer journey, the excitement of the season can sometimes be overshadowed by legal concerns—particularly for those who use marijuana.
With the continued legalization of marijuana for both recreational and medical use in several states, more and more people are considering traveling with their cannabis products. However, the question remains: Is it safe to travel with marijuana during the holiday season, especially during high-traffic times like Thanksgiving?
In this blog post, we’ll break down everything you need to know about traveling with marijuana—what the laws say, the potential risks, and how you can legally and safely navigate your Thanksgiving travel plans.
The Legal Framework for Marijuana Use in Colorado 
Colorado was one of the first states to legalize recreational marijuana, and its laws continue to evolve as the cannabis industry grows. For residents and visitors alike, marijuana use is legal for adults over the age of 21. However, there are specific regulations in place that govern how marijuana can be used, purchased, and transported within the state.
Colorado’s marijuana laws are relatively relaxed when it comes to private use. Adults can possess up to one ounce of marijuana and consume it in private spaces. The problem arises when individuals decide to take their marijuana products with them outside of Colorado. Since marijuana is still illegal at the federal level, traveling with marijuana becomes a tricky legal issue.
When it comes to traveling within Colorado, it’s generally straightforward. You can legally carry marijuana in your vehicle, but you must ensure that it’s stored safely in a sealed container away from the driver. However, once you cross state lines or board an airplane, the situation becomes much more complicated.
Traveling by Air: What You Need to Know
Many people consider flying for their Thanksgiving travel, and while Colorado’s legal status regarding marijuana may seem like a green light to carry cannabis with you, think again. Airports are federally regulated spaces, meaning federal law overrides state law when you’re traveling through them. The Transportation Security Administration (TSA) follows federal guidelines, and marijuana is still illegal under federal law.
While TSA’s primary focus is on security (such as preventing terrorism or weapons on board), if you are caught with marijuana during the screening process, local authorities could become involved. Even if you’re flying to another state that has legalized marijuana, TSA agents have the authority to report violations to local law enforcement.
It’s also important to remember that marijuana cannot be consumed on a plane, no matter your destination. While there may be states where marijuana is legal, airline policies do not permit passengers to consume marijuana in-flight. Additionally, marijuana in any form (flower, concentrates, edibles, etc.) is prohibited on all commercial airlines, whether you are flying out of or into a state where marijuana is legal.
So, what should you do if you plan to fly with marijuana? The best advice is to leave it behind. The legal risks and complications of transporting marijuana through an airport are not worth the potential trouble. If you still feel the need to bring cannabis with you, check the destination state’s laws, as well as federal laws regarding marijuana transportation.
Interstate Travel: Crossing State Lines with Marijuana
One of the most important things to understand when traveling with marijuana is that while some states have legalized cannabis, not all states have the same laws or leniency when it comes to possessing marijuana. For instance, Colorado’s legalization laws may be convenient, but once you cross into another state, the legal landscape can change dramatically.
In states where marijuana is still illegal, transporting marijuana can result in serious legal consequences. Even in states where marijuana is legal, the laws can differ significantly regarding how much marijuana you are allowed to carry, where you can consume it, and whether you are allowed to cross state lines with cannabis in your possession.
For example, states like California, Oregon, and Washington have legalized marijuana, but transportation between these states is still a gray area. Even if you’re legally allowed to possess marijuana in both states, crossing state lines with marijuana could result in an arrest or citation due to federal laws prohibiting interstate drug trafficking. In addition, states such as Idaho and Wyoming have extremely strict anti-marijuana laws, and being caught with even a small amount of marijuana could lead to heavy fines or even jail time.
So, what’s the takeaway here? If you’re planning to travel outside of Colorado, it’s essential to research the laws of both your departure and destination states to ensure that you are not unknowingly breaking the law. While you may be in the clear when it comes to state laws in some cases, traveling with marijuana is risky, and legal penalties can be severe if you get caught.
Marijuana and Driving: Don’t Let Thanksgiving Travel Put You at Risk
Driving while under the influence of marijuana is just as dangerous and illegal as driving under the influence of alcohol. Colorado’s marijuana DUI laws are clear: it is illegal to drive with an excess of 5 nanograms of THC per milliliter of blood. This is considered a presumptive limit for intoxication, and if you are caught driving above this threshold, you can face DUI charges.
Even if you are traveling within Colorado, it’s essential to recognize that marijuana can affect your ability to drive. THC, the psychoactive component of marijuana, can impair coordination, reaction time, and decision-making, all of which are crucial for safe driving. As a result, it’s important to plan ahead if you intend to consume marijuana during your travels.
If you’re traveling across state lines or through multiple jurisdictions, keep in mind that other states may have different rules regarding marijuana DUI. Some states, like Washington, enforce a zero-tolerance policy for THC while driving. This means that even a small trace of THC in your system could lead to a DUI charge.
If you plan to travel by car during Thanksgiving, it’s wise to wait until you’ve reached your destination before consuming marijuana. Even if marijuana is legal where you’re traveling, driving under the influence can lead to serious consequences. And remember, local law enforcement agencies have zero tolerance for impaired driving, so plan accordingly.
What Should You Do If You Get Caught With Marijuana While Traveling?
If you’re stopped by law enforcement or questioned about marijuana possession during your travels, it’s important to stay calm and know your rights. In any situation, whether you are traveling by car, plane, or another mode of transport, you have the right to remain silent and the right to consult an attorney.
If you’re traveling in Colorado, remember that marijuana is legal for personal use, but it is still illegal to transport it across state lines. If you’re stopped by law enforcement and found to be carrying marijuana, they may seize it and issue a citation or arrest you, depending on the situation and the laws of the state you’re in.
In these cases, it’s critical to contact a criminal defense attorney who is well-versed in marijuana laws, especially in the context of traveling across state lines. At Hebets & McCallin, we specialize in criminal defense and drug-related offenses, and we can provide you with the guidance and legal representation you need if you find yourself facing legal trouble related to marijuana.
If you’re traveling with marijuana over the Thanksgiving holiday and find yourself in a legal situation, don’t hesitate to contact Hebets & McCallin. Our attorneys specialize in defending individuals who have been charged with marijuana-related offenses. We understand the complex nature of marijuana laws in Colorado and beyond, and we are committed to protecting your rights.
Whether you need help with a DUI, possession charge, or interstate transportation issue, our team is here to help you navigate the legal system with confidence and peace of mind.