Technically, you can get arrested for flying with weed, but here’s why you won’t get tied up and stuffed at the airport

The holiday season is here again and what better way to celebrate than with family and friends. Because of this, many Americans travel long distances during the holiday season, and AAA estimates that over 113 million Americans always do so. With cannabis acceptance gradually increasing and more states legalizing adult use of the natural herb, it has since become an essential item on most people’s travel lists. Cannabis is still illegal in the US at the federal level, but there could be a loophole for people who want to fly with weed.

The Travel Security Administration (TSA), a federal government agency, is required to act in accordance with federal laws and regulations. This means that although cannabis is legal in various states across the US, it is still considered illegal nationwide. As such, TSA operators are likely to flag individuals who possess cannabis on flights as criminals.

However, there is a gap in this approach that many have yet to make the most of. The TSA website explains what federal law applies to marijuana and other cannabis-infused products. It explains that only products containing no more than 0.3 percent THC on a dry weight basis are FDA-approved and therefore legal. That means the TSA isn’t specifically out to confiscate every small amount of weed it sees, and it’s reiterated this over time. The TSA was specifically designed to use screening techniques to help detect threats to passengers.

This explains why many cannabis enthusiasts and users can actively testify that they have traveled with a small amount of cannabis without any problems. It is now being propagated in some circles in the cannabis world that traveling with cannabis is legal. Well, let’s just be clear here that that’s not the case, but the TSA has shown they’re willing to look the other way most of the time, as that’s not what they’re actively looking for.

The condition and type of product being transported also play a role. CBD products cannot contain more than 0.3 percent THC, which is FDA-approved. For cannabis-infused food and beverages, they must comply with the TSA’s carry-on baggage policy, which is explicitly spelled out on their website. For example, liquids must be 3.4 ounces or less per item

TSA’s operating procedure requires that it escalate matters of illegal substance discovery to law enforcement officials during investigations. This was their record, as repeated by Lorie Dankers, spokeswoman for the TSA. She explains that TSA regularly refers such cases to airport police when marijuana is discovered during baggage screening. She explained this in an email to SFGATE’s Lester Black, while commenting on how the TSA handles marijuana detections during their screening process.

Once the case is turned over to them, law enforcement officers have sole decision-making power over what is done. Depending on the amount of weed discovered, it’s possible that officers will open a criminal investigation and take further action on the matter. However, this only applies if the passenger is carrying a large amount of weed beyond what can be used personally. This suggests a gray market sale and is more likely to prompt officials to launch a criminal investigation.

Many cannabis users have always argued that they should be allowed to take it with them when traveling as they travel to and from states with legalized cannabis laws. We’ve already explained why this isn’t possible since the TSA is a federal agency that enforces federal laws. TSA spokeswoman Alexa Lopez recently stated that if a passenger is encountered in a state where marijuana is legal, that person may dispose of it. This means that regardless of the status of cannabis laws, where you’re traveling to, and where you’re from, it’s still at the mercy of TSA officers to get it past the checkpoint.

It is therefore important to be familiar with the laws in the state you are leaving or traveling to as this may determine what reception to expect. Although cannabis laws are actively changing by the day, it’s still very easy to determine which states have active medical or recreational marijuana programs.

Medical marijuana has seen massive growth in recent years, with many states embracing the program and patients alike. This has massively changed how many people view marijuana and will likely get a different reaction in the eyes of the law. Many patients have a medical marijuana ID card to show that the weed is for medicinal use, and such individuals may be given more leniency compared to others.

Although the TSA doesn’t have the authority to check the validity of medical marijuana cards, it is likely passed on to the local police force for assessment. Depending on the state and the cannabis laws in place there, the medical marijuana ID card can get you an exemption or it can mean absolutely nothing.

The bottom line of all things is that as long as cannabis is still classified as a Schedule 1 drug by the FDA, it’s still illegal to carry it through security while traveling. However, carrying a small amount of cannabis when traveling is something the federal government will not be willing to devote its resources to enforcing. This means the less weed you take with you when you travel, the less likely you are to get the hiccups. As such, it’s wise to make sure you fall in these directions the next time you decide to travel with some of your weed stash.

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