Is it legal to fly with marijuana? Here are the laws you need to know.
America’s patchwork system of laws legalizing cannabis has created confusion at countless levels of society, and that includes air travel.
Federal law prohibits anyone from possessing marijuana on airplanes, and the TSA has a duty to enforce this policy. Still, various states where cannabis is legal have introduced policies that make it easier for passengers to fly with marijuana. While helpful for consumers, these pseudo-solutions further blur the line between legality and illegality.
Remember, just because the police don’t necessarily enforce their own policies regarding passengers flying with weed doesn’t guarantee you won’t get into trouble.
Read on to learn what’s actually legal, what’s almost legal, and what’s a real no-no when it comes to flying cannabis.
The TSA turns enforcement over to local police, and complications ensue
Let’s get the most obvious part out of the way first: Since airplanes are subject to federal laws and marijuana remains illegal at the federal level, it is therefore illegal to fly with marijuana in your possession. Yes, that goes for medical marijuana patients too.
However, TSA officials have made it clear that sniffing your eighth of weed or your packet of edibles is not their top priority: their concern is flight safety, not enforcing our country’s drug laws.
“Let’s face it, TSA officers do NOT look for marijuana or any other illegal drug,” the agency quipped on its Instagram page in 2019.
But there’s a catch. Because the TSA can’t make arrests itself, federal policy technically requires that they notify local law enforcement if a TSA agent comes across marijuana in your pockets. In a prohibition state like Texas or Idaho, you can get into real trouble. But if you’re in a legal state like Colorado, TSA agents can ignore your bud (if you’re within that state’s legal possession limits).
And this is where things get tricky: in many cases, law enforcement’s decision on whether or not to arrest you — and whether or not you’re allowed to keep your weed — is downright arbitrary.
Related
Have some bud with your breakfast: the best 420 friendly BnBs
Oregon sets a high bar for forbearance, closely followed by other states and airports
Since 2015, Oregon has been at the forefront of relaxing its cannabis laws on airplanes. If you’re flying from Portland to any other airport in the state of Oregon, you have the green light to get your green light on board the plane.
According to CNN, if TSA stops you in Portland with marijuana in your bag, they will notify the local police, who in turn will let you board your flight.
If you leave Oregon for another state, the TSA can take your weed but not arrest you.
This is how other legal states are relaxing their laws against cannabis – and sometimes turn a blind eye:
- Officials in neighboring Washington state won’t take your marijuana away from you when you arrive in the state, but can confiscate it if you catch a flight leaving the state — even if you’re traveling to another state where weed is legal.
- Seattle-Tacoma Airport allows adult passengers to carry marijuana in quantities equal to or less than state legal limits. An airport representative confirmed to Leafly that state ownership laws apply both before and after passing through security.
- This was announced by the New York airport police in July 2021 they would no longer confiscate marijuana even by passengers, unless it exceeds the state’s three-ounce possession limit.
- At LAX, the Los Angeles police won’t arrest passengers who are carrying less than an ounce, but they will throw out your weed. Asked for comment, Airport Police Division Lieutenant Karla Rodriguez told Leafly that passengers who arrive at the airport with more than an ounce of cannabis — the maximum allowed under California law — “may be arrested if there is reason to believe.” that this is the case transported for sale.”
Chicago and Las Vegas airports put up amnesty boxes
Chicago’s O’Hare and Midway airports and Las Vegas’ McCarran International have placed “amnesty boxes” near their entrances or at the end of security checkpoints. Passengers can dispose of cannabis in it without fear of legal retribution.
However, the boxes were criticized for being expensive, rarely used, and easy to break open.
In Las Vegas, the boxes cost nearly $1,500 each for setup and installation, plus $75 per week per box for service. Every year, the airport drops about $114,000 to keep 20 crates available…and unused.
In Chicago, passengers left fewer than three dozen samples in the boxes in two damn years. Plus. Weeks after installation in January 2020, a passenger managed to steal from an amnesty box.
Medical marijuana is also subject to arbitrary gray areas
Medical marijuana is technically subject to the same rules as recreational cannabis: It’s illegal to bring it on flights. But even the TSA itself recognizes that the rule is being enforced indiscriminately.
In 2019, TSA regional spokesman Mark Howell told the New York Times that if you’re a medical patient stopped with marijuana in your possession, “you should present your medical marijuana identification card, and law enforcement officers will.” usually just give it back to you.” That’s right, “usually”. Reassuring, right?
CBD is kosher to bring on an airplane
Here’s a point that’s pretty clear: Thanks to the 2018 US Farm Bill, it’s legal to take CBD products on planes as long as they contain less than 0.3% THC. And just like with shampoo, moisturizer, and other liquids, you can’t carry more than 3 ounces.
Note: You can take a CBD vape pen in your carry-on, but you cannot check it in.
Don’t mess with the border police
All of the above information relates exclusively to domestic travel. Flying internationally with cannabis is a different matter entirely: don’t risk it.
Crossing an international border with any type of cannabis product is highly illegal. Do not do it.
Even if you fly into Canada, where cannabis is legal, you are subject to the jurisdiction of border control officers. Unlike the TSA, they can arrest you for marijuana possession. And don’t forget: many countries have stricter marijuana laws than the United States. If you’re caught with marijuana in another country, you could face jail time there.
This article has been updated from a previous version written by Ben Adlin.
Max Savage Levenson
Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.
Check out Max Savage Levenson’s articles
By submitting this form, you are subscribing to Leafly news and promotional emails and agreeing to Leafly’s Terms of Service and Privacy Policy. You can unsubscribe from Leafly email communications at any time.
Post a comment: