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How High Is Too High?

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States that have legalized recreational use of marijuana are booming with tourists that are excited about being able to walk into a store and legally purchase weed. However, the debate around marijuana laws is still alive in many states, leaving these plant lovers in legality limbo.

With varying laws about marijuana, it’s hard to know the rules around how much you can buy, how much is legal to fly home with, and if it is legal to ship home or to a friend?

Let’s face it. When you’re high, the last thing you want are more reasons to feel paranoid. Keep reading to understand your marijuana how-to-travel guide so your mind can ponder less stressful matters like sativa or indica, if life insurance for marijuana smokers is a thing, or whatever happened to Taco Bell’s verde sauce.

The Legal Difference between THC and CBD

THC, also known as Tetrahydrocannabinol, is not the same thing as CBD, which is also known as Cannabidiol. The difference between the traveling regulations placed on THC and CBD is largely due to the effects that each has on the body.

Both have medicinal qualities, but THC is the component in cannabis that creates that “high” feeling while the consumption of CBD is more similar to the calming effects of a cigarette.

Because of this difference, when it comes to CBD, you aren’t facing many restrictions other than being sure that the CBD you’re traveling with has 0.3% of THC or less. In 2018, the Farm Bill was passed which removed hemp from the Controlled Substances Act.

With this, hemp can be legally grown and manufactured for CBD products for sale to the national public. So having CBD in federally run places like the airport is completely legal.

Marijuana in Airports

Though the Farm Bill was a great step forward, traveling with marijuana products is still very much in the grey. The TSA is not looking to bust people for carrying marijuana; however, in the majority of states, carrying more than an ounce of THC infused products is against federal drug trafficking laws.

You are not likely to be arrested for possession or any other drug-related charges if small amounts are found on your person in the airport, but fines and other forms of repercussions would be issued to you if authorities are notified.

You can, however, arrive at an airport under the influence of marijuana in the states where recreational use is legal. But if you are under enough influence to cause a disruption, you will likely face legal consequences.

Current laws concerning marijuana in airports leave a few gaps. Although airports are city-owned, airports are run federally so even in states where cannabis use is legal, any amount you have on your person is considered illegal the moment you are given a boarding pass.

If you ever find yourself reaching into your pocket or bag and discovering that joint you misplaced, don’t get scared or feel the need to turn yourself in. Airports now have anonymous drop bins where you can dispose of any extra cannabis items from your person without having to face any legal punishment.

Marijuana in Cars

Once within a state where recreational use of cannabis is legalized, it is completely legal to travel in a vehicle with no more than the set max amount that is legally allowed to purchase within that state.

In the state of California, the legal carry amount of cannabis and THC infused products is up to one ounce or 8 grams of cannabis concentrates, (such as wax), for adults age 21 or older.

For reference, here is a list of that amount in common weed products:

  • 57.5 gram pre-rolled joints
  • 16 vapor pen cartridges (500 milligrams of THC per cartridge)
  • 80 standard gummy packs of 10 (each gummy = 10 grams of THC or less)
  • 40 pot brownies (200 milligrams per square)
  • 32 pot cookies (250 milligrams per cookie)

Note that these examples are per the state of California’s regulations, and if you are planning a vacation to a state where recreational use is legal, you should research the exact laws of that state to be safe and secure in your choices when purchasing cannabis.

It is also important to remember that in all states where cannabis has been legalized, cannabis products are legal to have in the car, but you should be sure that you are not under cannabis influence while operating a vehicle.

Marijuana on Boats

Just like with flying, the best thing to do is to research the policies of not only the place you’re going, but also to ask the company that’s taking you what their policies are regarding marijauana product use while on board.

With that being said, know that the state laws of wherever you embark don’t always carry over to seas. That means that even if you’ve bought from a dispensary that’s a mile from the port, federally marijauana is still illegal and will be considered so once the board leaves the dock.

When it comes to traveling with cannabis on a boat or a cruise, the best practice is to only partake during stops where cannabis use is legal.

If you are found with illegal substances such as marijuana while on a cruise, you will likely be charged according to wherever your next port is. This could bring you large fines, and though unlikely, possible jail time in a foreign country.

Always remember that due to the technicalities of bringing cannabis on board, you are truly doing so at your own risk.

Use Marijuana Products Wisely

Even though some of these things may feel restrictive, and you may be tempted to offer law enforcers to take a hit of your vape pen, you can relax and look at the bright side.

In addition to more laws being passed to decriminalize marijuana, the overall attitude towards the substance and its various uses is becoming generally more relaxed. Enjoy the physical and mental health benefits of marijuana without worrying so much about negative ramifications.


Danielle Beck-Hunter writes and researchers for the insurance comparison site, QuickQuote.com 

 

Be Careful if You Move Out of State for a Fresh Start After a DWI

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Lots of people decide that a change of scenery and a fresh start is the right way to move forward after a run-in with police over something like a DWI. In many cases, they’re exactly right, but there’s one quirk of the law that you should keep in mind if you’re looking to turn a corner in a new state.

An example currently in the news is the case of Brennan Clancy, a Pennsylvania resident who decided to set up shop in Florida after his third DUI conviction in Northampton County in 2013.

He moved to Daytona Beach, started working in construction, fell in love, and welcomed a baby into the world with his fiance. But when the family went to rent an apartment in 2017, Clancy learned that in the eyes of the state of Florida, his Pennsylvania misdemeanor was actually a felony. It turns out that when you move jurisdictions while you’re still on probation or parole, the new state’s laws govern, and in Florida, a third DUI is a felony.

Clancy has been fighting to create more transparency for people like himself, as they try to improve their lives. While he took a pro se case to the 11th Circuit Court of Appeals and lost, he’s followed up with a petition to the Supreme Court to ask that the justices look at a 2008 3rd Circuit ruling that said that the disparate treatment on display in cases like his violates the equal protection provision of the 14th Amendment.

The Supreme Court hears only a tiny fraction of the cases that are presented to it every year, and Clancy’s petition is probably a long shot, but it highlights a scenario that New Jersey residents in particular should be aware of. Because DWI is a traffic violation in our state, rather than a criminal matter, relocating to another jurisdiction could have big consequences for you.

If you’re dealing with the aftermath of a New Jersey DWI, get the legal help you need to move forward with your life. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

Former New Jersey TV Reporter Sentenced for Indiana DUI

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A television reporter who got her start in New Jersey – as well as her first DWI – has been sentenced in Evansville, Indiana, for a second DUI. The case first made headlines when Indiana prosecutors became aware of her 2014 New Jersey DWI and upgraded her charges to a felony.

It’s normal practice for a state to take into account past convictions in other states, but the jump from a misdemeanor with no specific sentencing guideline to a felony that could have put her in prison for two and a half years was notable.

Now, Veronica DeKett, 28, has been sentenced for the November DUI, where her blood alcohol level was registered as .19%, well over the legal limit of .08%. Through the magic of a plea bargain, as well as apparently earnest efforts on DeKett’s part to get and stay sober, her Level 6 felony was downgraded to a Class A misdemeanor, and instead of prison, she will spend the next year being supervised by Indiana’s alcohol probation services. She also forfeited her license for 90 days, and will be eligible to get it back if she continues with alcohol treatment.

It’s a much better outcome than it once looked like for the reporter. It’s possible that with an experienced DWI lawyer working her case in New Jersey, even years later, that the charges in Indiana never would have been increased. If you’ve been arrested for DUI with prior convictions in New Jersey, call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced DWI defense lawyer.

Stranded Motorist Actually Drunk, According to Bridgewater Police

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When Bridgewater police received reports of a disabled vehicle on Route 202/206 around 10:50 p.m. on February 6, they responded right away. Breakdowns happen, and protecting both the stranded motorist and other traffic in the area is a top priority.

But when they arrived on the scene, they found that Sandra Koller, 44, hadn’t blown a tire or run out of gas. Instead, they say, she was intoxicated.

After investigation at the scene, Koller has been charged with DWI, careless driving, failure to report a crash, and possession of an open container of alcohol in a motor vehicle. After processing, she was released with a court date in her future.

DWI charges can cause you enormous hardship. Don’t gamble with your future. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

Wrong-Way Route 22 Driver Was Drunk, Say Police

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Around one in the morning on February 17, Bridgewater police stopped an eastbound vehicle in the westbound lane of Route 22 in Bridgewater. Behind the wheel, they found 24-year-old Erick Torres-Martinez, of West New York, who appeared to be intoxicated. Torres-Martinez had other problems going for him, as well, including that he doesn’t have a driver’s license.

He was arrested at the scene and taken to Bridgewater Police headquarters for processing. Torres-Martinez was charged with DWI, reckless driving, driving the wrong way on a one-way highway, and being an unlicensed driver. He was released later with a pending court date.

If you’ve been arrested for DWI in New Jersey, get experienced legal help right away. Call Matthew Reisig at 732-625-9660 for a free consultation.

Driver Coughs on Cops During DWI Stop, Tells Them She Has Covid-19

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DWI stops don’t bring out the best in anyone, but one particular stop in Hanover, New Jersey, on March 12 took a turn that’s had a big impact on cops and the driver. Lea Piazza, 28, was arrested for DWI, careless driving, and reckless driving that Thursday, and during processing, she repeatedly coughed on the officers close by. They asked her to cover her mouth and stop coughing, but instead of complying, she said, “Oh, by the way, I have the coronavirus and so do you now.”

She went on to tell them that her boyfriend in New York also has Covid-19, forcing three Hanover police officers into self-quarantine. Further investigation revealed that neither Piazza nor her boyfriend have the Covid-19 virus. Aside from her traffic matters, she was also charged with causing a false public alarm.

If you can stay cool during a traffic stop, that’s always the best strategy. If you’re charged with drunk driving, talk to a lawyer who can help. Call Matthew Reisig today at 732-625-9660 to talk to an experienced New Jersey DWI defense lawyer for free.

NJ State Trooper Sentenced For Indiana DUI

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A New Jersey State police officer was dispatched to Indiana in 2019 to represent state law enforcement at the funeral of an Indiana State Trooper, but he never made it to the service. Instead, Michael Kulik, of Livingston, found himself pulled over around 1:00 a.m., hours before the funeral. West Lafayette, Indiana, police officers noticed that the civilian vehicle he was driving was behaving erratically, and after determining that Kulik was likely drunk, he was arrested. His blood alcohol content was recorded as 0.19%.

Kulik pleaded guilty to operating a vehicle while intoxicated in a Tippecanoe County, Indiana court and has now been sentenced to nearly a full year of unsupervised probation. He was originally sentenced to 365 days at the Indiana Department of Corrections for the Class A misdemeanor, but the judge suspended that sentence.

Ultimately, the conviction will be forwarded to the New Jersey Motor Vehicle Commission, where determinations will be made about license suspension and other penalties. It is unclear whether Kulik continues to be employed by the New Jersey State Police.

If you’ve been stopped for DUI out of state, protect yourself at home, too. Call Matthew Reisig today at 732-625-9660 for a free consultation.

New Jersey Appeals Court Tired of Your DWI Appeals

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This seems like a hazard of the job, but a state appeals court in New Jersey has gone out of its way to publish a sternly worded ruling affirming the propriety of police charging people with DWI if the suspect is sleeping or passed out drunk at the wheel of a parked car.

This is longstanding law in New Jersey, but the three-judge panel noted that it has faced objections to the status quo no fewer than seven times in the last twelve months, representing a significant uptick in attempts to overturn the existing regime.

The gist of the arguments the court has heard recently are that police can’t prove the person was impaired when they got into the car, and that while sleeping, they are not capable of forming an intention to operate the vehicle.

The appellate court wasn’t interested in this particular logic, but the judges might want to get used to fielding these types of questions. With a slate of reforms recently enacted, defendants and lawyers may want to continue pushing the envelope to encourage further changes.

If you’ve been arrested for DWI in New Jersey, get experienced legal help today. Call Matthew Reisig at 732-625-9660 for a free consultation.

Last of the Old Law: Newton Driver Sentenced After Andover Twp. NJ Crash

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New Jersey enacted new penalties for drunk and impaired driving starting on December 1, 2019, but at the time of this writing, there are still cases circulating through the system stemming from incidents that occured prior to that date. That means a lot of people in New Jersey are waiting for their day in court or their sentencing under the old guidelines, which can include lengthy license suspensions.

In one case, a 73-year-old Newton woman named Renay Tripp accepted a plea agreement in the final week of January that imposed a sentence of probation plus a 30-day home detention. Her license was also suspended for seven months, and she will be required to attend 12 hours of classes at an Intoxicated Driver Resource Center. There are also fines ($650), restitution ($10,000), and her car will have to have an interlock ignition device installed.

Tripp wasn’t just dealing with a DWI charge. The incident in question was an accident that began when she crossed over double lines and struck an oncoming vehicle, which then struck another vehicle. In all, three people were injured in the crash, including Tripp. Tripp admitted having two cocktails at dinner, but when her blood was tested at the hospital where she was transported following the wreck, it registered at .21%, or almost three times the legal limit.

Because her blood alcohol content was above .15%, she would still face a four to six month license suspension under the revised law, but under the new requirements, a first offender with a BAC below .15% won’t have their license suspended at all.

If you’re facing a DWI charge in New Jersey, an experienced lawyer can be a big help to you. Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense lawyer.

Drunk Driver Strikes Pole in Upper Saddle River, NJ

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A lot of people choose to stay in to relax and refresh rather than going out, in part to steer clear of potential drunk drivers. Maybe this isn’t a huge consideration at 4 p.m. on a Monday, but the idea holds.

So imagine the feeling among residents in the Orchard Drive and Lake Street neighborhoods in Upper Saddle River on February 10 when an allegedly drunk driver struck and knocked down a utility pole, leaving many addresses in the area without power or cable for hours.

At the scene, 23-year-old Zunnan Chudry was arrested and ultimately charged with DUI, reckless driving, and failing to report an accident. He was released to a sober adult after processing at the Upper Saddle River police department.

If you’ve been arrested for DWI in New Jersey, an experienced DWI defense lawyer can make a big difference in your case.

Call Matthew Reisig today at 732-625-9660 to learn how he’s helped more than 1,400 New Jersey residents avoid conviction on DWI and related charges.