By: Madeleine Balestrier
In general, the laws and regulations around cannabis are convoluted and hard to understand from state to state, but add flying and travel to your cannabis experience and it gets even more complicated.
For instance, if you purchase marijuana in California, can you fly with your leftover goodies back to another legal adult-use state like Colorado? What about CBD and hemp products? Can you bring weed on a plane if it’s in your checked-in bag?
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The answers to most questions around flying with marijuana or flying with edibles are often very situational. To avoid losing your cannabis products or facing legal consequences, here is everything you need to know about flying with cannabis:
Where exactly is marijuana legal?
Although legalization is a gray area across the nation, the three main cannabis classifications that states fall under are adult-use (recreational), medicinal and illegal.
As of January 2020, smoking weed is legal for adult-use in 11 states and Washington, D.C. This is the most up-to-date list of adult-use cannabis states:
- Alaska
- California
- Colorado
- Illinois
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
- Washington, D.C.
Currently, these are 23 states, not including adult-use states, that have legalized the consumption of marijuana for medicinal purposes:
- Arizona
- Arkansas
- Connecticut
- Delaware
- Florida
- Hawaii
- Iowa
- Louisiana
- Maryland
- Minnesota
- Missouri
- Montana
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- Utah
- West Virginia
While activists continue to advocate in favor of marijuana legalization, these states have continued to enforce and support federal law that states marijuana is illegal across the country:
- Alabama
- Georgia
- Idaho
- Wyoming
- Kansas
- Kentucky
- Indiana
- Mississippi
- Nebraska
- North Carolina
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- Wisconsin
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What is federal cannabis law?
Under federal law, marijuana use is illegal whether it’s for medical or recreational use, while CBD products that contain less than 0.3% of THC are considered legal for consumption across the United States. It’s also important to note that all air travel, no matter the destination, is considered federal jurisdiction.
So yes, traveling with CBD products that uphold regulations are approved for travel, but when it comes to marijuana and THC, the federal government still classifies it as a controlled substance and a Schedule I drug under the Controlled Substances Act (CSA).
Although this discrepancy between state and federal governments is often left to the airports and TSA to handle.
What does TSA say?
According to the Transportation Security Administration (TSA), all forms of marijuana are not permitted on airplanes.
A straightforward statement, right? Wrong. Since the legalization of marijuana has gained steam across the country TSA has made a point to make social media posts and statements about how they do not search for marijuana or other drugs when people go through security.
But if you are subjected to an additional search, then the normal protocol is to defer action to municipal, county or state law enforcement if substance laws are broken. This is when it comes in handy to know the laws of the places and states you’re visiting and consuming marijuana products.
Another way to confirm ease of travel is by actually calling the airport you’re traveling through.
Where are the cannabis-friendly airports?
Some airports, which are considered federal property, have made it easier for some consumers to bring home their weed souvenirs or medicines. Here are the most cannabis-friendly airports in the United States:
- Los Angeles International Airport (LAX)
- McCarran International Airport (LAS)
- Portland International Airport (PDX)
- San Francisco International Airport (SFO)
- Seattle-Tacoma International Airport (SEA)
For instance, SFO allows cannabis through security checkpoints if it stays within the legal limit and if you’re at least 21 years old. The legal limit is one ounce or 28.5 grams.
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SFO Public Information Officer Doug Yakel explains: “As a rule of thumb, our law enforcement personnel would not confiscate a personal use amount (i.e., one ounce) from someone heading to a location where it’s legal, but they would warn the person that they might have issues at their destination, where possession is still illegal.”
Although PDX is less forgiving about adult-use weed than LAX and SFO, TSA agents and Port Police will not seize marijuana from travelers as long as the said traveler holds a valid medical marijuana card in the state and the amount sits within the legal limit of possession.
Always check airport-specific guidelines before takeoff.
Other common questions about flying with cannabis
Question: Can I fly with CBD?
Answer: Yes.
Since the 2018 Farm Bill came into effect, the TSA has announced that it will allow people to fly with CBD and Hemp products.
Question: Can you bring weed on a plane if it’s in your checked bag?
Answer: No.
According to federal law, all aircrafts in the United States operate under federal regulations, and the transport of marijuana by air is prohibited in all regards. Plus, checked baggage is subject to random searches too.
Question: Can I mail my marijuana before I get on the plane?
Answer: No.
Similarly to air travel, shipping services fall under federal jurisdiction, and federal law prohibits sending marijuana through the mail or shipping services like UPS or FedEx.
Madeleine Balestrier is a writer who covers cannabis culture and new trends in the cannabis community.