Travelling to the U.S.A but can't bring my son's CBD oil.

[Mary Terry]

I just googled "Florida Medical Marijuana Laws". It looks like your son must be a permanent resident of Florida to obtain medicinal marijuana CBT oil, the State Board of Health must approve your son's prescription and use of the oil, the prescribing physician must submit a treatment plan for your son to the Board of Health for approval prior to issuing the prescription, your son must be registered with the state as a user and issued an identity card, etc. In other words, there are a lot of hoops to jump through in order to get a prescription.

I'm sorry but it looks unlikely that you will be able to fill your son's prescription while in Florida because he lacks the statutory mandatory qualifications and due to the inevitable time delay in getting Board of Health approval.

Colorado might be a better place to vacation. I surmise that Colorado's regulations/laws are less onerous than Florida's.

 

[Quart]

Any medical questions? Reddit. Though if I was here I'd go to the GP - it's insured that way.

 

[Judge]

In other words, there are a lot of hoops to jump through in order to get a prescription.

Yep. That's why it's critical for them to directly contact the appropriate sources in Florida well before they embark on such a trip. It never pays to assume how much of any bureaucracy is likely to respond unless one has "crossed their t's and dotted their i's". Especially given the legal environment of this particular issue.

 

[Mary Terry]

I'm more laissez-faire - I think they should sell some drugs in special shops. Some supermarkets could be licensed to sell certain drugs. As I say, I'm fairly liberal. To Americans I'd be off the scale.

I'd support some cafe bars being allowed to sell cannabis but we know that would enrage the Dutch. So best not. It's all intersectional.

Over half of the American states have legalized some form of marijuana, with more states coming on board every year. I hardly think you would be considered "off the scale" here, and the sensibilities of the Dutch are irrelevant to us.

It's just a matter of time before pot is legal in all states because of the huge potential profits. The pharmaceutical, tobacco and alcohol industries here are probably the current main impediments to legalizing pot on a federal level. Those industries have heavily invested in Israeli marijuana R&D and are lobbying/slobbering to manipulate Congress into giving them the exclusive rights to dispense or sell marijuana.

 

[Quart]

Cannabis remains illegal here, though it's widely tolerated. It's really growing the stuff on a large-scale they really clamp down on.

 

[Judge]

Cannabis remains illegal here, though it's widely tolerated. It's really growing the stuff on a large-scale they really clamp down on.

Perfectly legal here in accordance with state/county law. But then so is gambling and prostitution.

 

[Quart]

Gambling is legal here and there are a few casinos but we're not known for our gambling. We have lots of bookies (betting shops). We have the lottery. I don't believe in gambling, though I used to play bingo with the old biddies.

 

[the_tortoise]

You're wrong. It's not legal, just tolerated. It's illegal under Federal law.

Some states have made it legal (like officially, on the books legal), and my understanding (I am not American, so I could be wrong here) is that state law enforcement in states that have officially legalized it treat it as legal, while federal law enforcement does not.

 

[Quart]

Wikipedia must be wrong then.

Anyway, you know what I said. I'll leave it there.

 

[Streetwise]

I and my family are American Citizens living overseas. We all have current U.S.A. passports. We are planning a family vacation next summer (2019). My youngest son (17 years old next week) has been diagnosed with Autism and Epilipsy. He is currently being treated (with a doctor’s prescription and license from the ministry of health) with Resperidal and CBD oil for behavioral and seizure regulation. The DEA has informed that under no circumstances can I bring his CBD oil with us to the U.S.A. How do I go about legally obtaining the oil in Florida (Orlando) quickly after we land so that he doesn't have to miss any doses? His type of oil is below.


CBD=30% (15mg/drop)

THC=0.5% (0.75mg/drop)

CDN<1% (<0.5mg/drop)

1:20 THC:CBD

CBD oil is legal in Florida as long as it is derived from hemp ,if you want to use CBD oil from marijuana ,you have to go to physician and get a prescription .

 

[Mary Terry]

Any medical questions? Reddit. Though if I was here I'd go to the GP - it's insured that way.

The OP is asking legal questions, not medical questions.

 

[Quart]

The OP is asking legal questions, not medical questions.

r/legaladvice.

 

[I love roses]

I and my family are American Citizens living overseas. We all have current U.S.A. passports. We are planning a family vacation next summer (2019). My youngest son (17 years old next week) has been diagnosed with Autism and Epilipsy. He is currently being treated (with a doctor’s prescription and license from the ministry of health) with Resperidal and CBD oil for behavioral and seizure regulation. The DEA has informed that under no circumstances can I bring his CBD oil with us to the U.S.A. How do I go about legally obtaining the oil in Florida (Orlando) quickly after we land so that he doesn't have to miss any doses? His type of oil is below.


CBD=30% (15mg/drop)

THC=0.5% (0.75mg/drop)

CDN<1% (<0.5mg/drop)

1:20 THC:CBD

The state of Florida governor or senator office will know the law or rule on how to bring it in. If it is legal in Florida, have a doctor in your country make a referral directly to a doctor in florida who will write a prescription in Florida for him. Your doctor can fax his medical record to an american doctor. But make sure that doctor is willing to write the prescription. Problem is prescriptions are sometimes expensive in USA. You’ll have to research also what dispensaries will dispense it. Can’t get that at any drug store I don’t think. May have to be shipped. But a state Senator or Governor should know all this.

 

[Butterfly88]

According to this if the THC is under 0.3% it's legal. Your's is 0.5% so probably not.

https://hempmedspx.com/states-cbd-oil-legal-purchase/

 

[Judge]

According to this if the THC is under 0.3% it's legal. Your's is 0.5% so probably not.

https://hempmedspx.com/states-cbd-oil-legal-purchase/

That appears to be outdated and rather broad information not all that specific to Florida. Here's a source only a five months old pertinent to Florida citing the following:

"Governor of Florida has signed a law that allows the legal use of CBD that contains 0.8% THC and more than 10% cannabidiol."

https://redstormscientific.com/buy-cbd-oil-in-florida/

Better yet here's Florida's 2018 statute on this issue:

"Low-THC cannabis” means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center.

http://www.leg.state.fl.us/statutes...ute&URL=0300-0399/0381/Sections/0381.986.html

 

[WittyAspie]

Perhaps my mindset is totally different, but I would choose California over Florida every single day. It’s prettier, the weather is nicer, and they have already decriminalized medicinal plants. You could easily find what you need if you went on vacation anywhere along the West coast.

On another note, what are the chances a tiny bottle of oil will be found in your luggage? The bag checkers aren’t paying that much attention. Even if they notice it you could simply put the oil in an old essential oil bottle. The agents think you have a bottle or tea tree oil and your son gets his medicine.

 

[Judge]

On another note, what are the chances a tiny bottle of oil will be found in your luggage? The bag checkers aren’t paying that much attention. Even if they notice it you could simply put the oil in an old essential oil bottle. The agents think you have a bottle or tea tree oil and your son gets his medicine.

I'd think any suggestion in attempting to second guess the TSA over controlled substances is fundamentally a very bad idea. They're quite specific about this:

"Possession of marijuana and cannabis infused products, such as Cannabidiol (CBD) oil, is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and cannabis infused products. TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer."

https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana

Imagine if they caught you and let you go, as if all was forgiven. Until they tried to reenter their own country and couldn't get a flight here because some bureaucrat put them on the federal no-fly list. Uncle Sam can really mess with you these days, and without any due process you may be totally unaware.

So much easier to just discard the oil purchased under Florida state law before you depart from the airport that remains under federal jurisdiction. No harm, no foul.

 

[WittyAspie]

I'd think any suggestion in attempting to second guess the TSA over controlled substances is fundamentally a very bad idea. They're quite specific about this:

"Possession of marijuana and cannabis infused products, such as Cannabidiol (CBD) oil, is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and cannabis infused products. TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer."

https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana

Imagine if they caught you and let you go, as if all was forgiven. Until they tried to reenter their own country and couldn't get a flight here because some bureaucrat put them on the federal no-fly list. Uncle Sam can really mess with you these days, and without any due process you may be totally unaware.

So much easier to just discard the oil purchased under Florida state law before you depart from the airport that remains under federal jurisdiction. No harm, no foul.

IF they happen to find something they aren’t looking for, they MIGHT do something about it. The chances of having issues seems slim to none. If I had a son with epilepsy and insisted on flying to Florida I would smuggle my oil into Florida in my luggage. Or I would choose option 3 and drive to Florida. That’s the safest bet.

 

[Judge]

IF they happen to find something they aren’t looking for, they MIGHT do something about it. The chances of having issues seems slim to none. If I had a son with epilepsy and insisted on flying to Florida I would smuggle my oil into Florida in my luggage. Or I would choose option 3 and drive to Florida. That’s the safest bet.

There is no "safe bet" when you can't determine with certainty whether:

1) They detect the item in question
2) How they act on it, whether in a punitive or non-punitive manner.

Then factor in a bureaucracy under ever-increasing public scrutiny to do their job optimally.

Will the TSA agent in front of you be another "Barney Fife", or some upstart who wants to advance quickly?

Too many "ifs" to factor into that equation. Assume at your own risk.

 

[AO1501]

IF they happen to find something they aren’t looking for, they MIGHT do something about it. The chances of having issues seems slim to none. If I had a son with epilepsy and insisted on flying to Florida I would smuggle my oil into Florida in my luggage. Or I would choose option 3 and drive to Florida. That’s the safest bet.

Bear in mind that it isn't just the TSA but also US Customs officials who take an interest in what is inside the luggage of travelers, and customs officials are far more astute when it comes to picking up on illicit substances.... as are their trained sniffer dogs. Getting this into the US might be rather problematic. Not only that, but if caught entering with a federally unlawful product, the authorities would be notified, and it is quite possible that a visitor might then be barred from entry.

Not worth the risk.