With all of the different state laws and the federal laws overlapping them, travelling with weed in the US can be tricky. Even going from state to state with medical marijuana can be seen as a crime if the state you are visiting doesn’t have a medical program. One of the big questions around travel with marijuana is ‘Can you fly with it?’ Short answer: In some cases, yes, but it’s complicated.
This article unpacks the tangled web of laws governing air travel with marijuana. We’ll explore the legal landscape, focusing on whether medical marijuana gets a pass. Plus, we’ll reveal the consequences if you’re caught with weed on a plane.
What is the law on flying with marijuana?
If you have a medical marijuana card, the issues around traveling with weed might not even cross your mind. But flying in the US is with weed a complex legal matter. Under federal law, any marijuana with over 0.3% THC is a Schedule I drug, making it illegal for air travel. This rule applies at TSA security checkpoints, which operate under federal jurisdiction. Despite state-level legalization, these federal laws apply in airports. However, the TSA do not actively look for marijuana when they search you or scan your carry-on luggage. Although if they do find any weed during security screenings, they will most likely confiscate it if it’s a small amount and large quantities could land you in trouble with the law.
However, there are contradictions to this with states such as California which permits individuals aged 21 and over to possess up to 28.5 grams of marijuana. To align with their state law the Los Angeles Airport Police Division also updated their policy on passengers travelling with weed to state they no longer arrest individuals complying with state law.
Can you bring medical marijuana on a plant?
Bringing medical marijuana on a plane introduces another layer of complexity. Despite medical marijuana being legal in many states, it’s important to remember that federal laws technically trump state laws when it comes to air travel. And under Federal laws, medical marijuana is still classified as a Schedule I drug which makes it illegal to bring on a plane.
With the TSA mostly focused on security threats, it is unlikely that there would be too much of a fuss about medical cannabis, providing it was only a small amount. However, this is still breaking the law.
What is the safest way to travel with medical marijuana?
As we have explained, even medical marijuana would be classed as an illegal drug if you brought it onto a plane. Although with the TSA not actively searching for it and LA Airport police announcing that they are no longer arresting for this, we can assume the laws surrounding this are becoming more relaxed.
The safest way to travel with cannabis, no matter what form of transport you are taking, would be to ensure that it is well concealed and kept inside a smell proof mylar bag to avoid getting into any sticky situations. The other alternative is to only take edibles with you as they are much less obvious.
What happens if I am caught with marijuana on a plane?
If caught with marijuana on a plane, the consequences depend on how much you are in possession of and which airport. TSA’s primary concern is safety, not enforcing drug laws. However, if TSA agents find marijuana exceeding local possession limits, they are obligated to notify local law enforcement. This could lead to an arrest if it were in a state where weed is illegal.
In airports like Chicago’s O’Hare and Midway International Airports, travelers have the option to use amnesty boxes. These boxes allow individuals to dispose of their marijuana before boarding, avoiding potential legal issues.
Can you fly with edibles?
Without thorough testing edibles are almost indistinguishable from regular food items so the likelihood of them being detected during a routine screening is incredibly rare. However, this doesn’t mean that it’s legal. Flying with edibles falls into the same category as weed, and although they are difficult to detect, according to federal law travelling with them is still a crime.
Flying with weed in the states is more complicated than it needs to be, but its best to understand the laws before you travel. From federal laws overshadowing state regulations to the grey area around medical marijuana and edibles, the key takeaway is clear: caution is paramount. And make sure you research the state laws and airport rules before you travel.
