TSA and Cannabis: What You Need To Know

It seems like there’s a whole new set of rules for marijuana every few months. Where it’s legal, how much you can own, where you can smoke it, and where to bring it with you varies widely and changes frequently across the country.

When buying cannabis legally in the United States, you may think that you are clear when you bring it with you to the airport. Before entering the TSA line, however, you should consider marijuana laws and who owns the airspace you plan to travel through. Understanding the laws and regulations surrounding THC and TSA can save you from a huge headache, higher fine, and even a criminal record.

Recreational marijuana

So far, 18 states have legalized marijuana for recreational use. Each state has different rules about how and where you can use marijuana. However, if you fly on an airplane, you are leaving state territory and entering federal jurisdiction. Marijuana is still completely banned as a Schedule I substance at the federal level. This means that traveling on a plane with recreational marijuana is illegal.

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“The airspace through which you are traveling is considered federal territory; Therefore it cannot happen on your flight. ” according to The Washington Post. “This includes flying within states where cannabis is legal, or flying between states – even if both are permitted for recreation.”

Although it is illegal to consume recreational marijuana on an airplane, TSA has taken a surprisingly relaxed attitude towards cannabis. The TSA posted some sort of very direct public service announcement on Instagram about traveling cannabis that said: “Let’s be direct: TSA officers are NOT looking for marijuana or any other illegal drug. Our screening procedures are geared towards security and the detection of potential threats. “

That stance may seem pretty liberal, but the TSA has made it clear that it is looking for security threats, not marijuana.

However, they also contain vocabulary to keep in mind when considering the risk of getting marijuana through airport security. The TSA website “TSA security officers do not look for marijuana or other illegal drugs, but if an illegal substance is discovered during the security clearance, the TSA will refer the matter to a law enforcement officer.”

Medical marijuana

You may think that medical marijuana has more legal legitimacy. After all, a prescription from a doctor is required, and medical marijuana is approved for a variety of conditions. Hell, the FDA even approved cannabis-derived drugs.

However, medical marijuana is still illegal at the federal level. You can find a little more indulgence in getting caught with medical marijuana and showing a medical card instead of being caught with recreational pot, but don’t rely on it.

RELATED: What Would TSA Do If You Got Caught With Marijuana?

As stated by the New York Times“If you don’t know the rules, traveling on medical marijuana can lead to arrest, or at least a complicated legal gray area.”

You should also check with your airline if you intend to travel with medical marijuana. Several airlines, including Delta Airlines and American Airlines, have openly banned medical marijuana from their planes.

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CBD

CBD has grown in popularity in the last few years and is the natural remedy of choice for many anxiety relief needs. Fear and flying often go hand in hand, so it’s no surprise that many passengers want to travel with CBD in their hand luggage.

RELATED: TSA (Sort of) Allow (some) Hemp CBD Products on Flights

With a few exceptions, it is legal to travel on CBD in the United States. According to TSA policy, “Cannabidiol (CBD) oil remains illegal under federal law, with the exception of products that contain no more than 0.3 percent THC on a dry weight basis or that are FDA approved.”

That means you should only bring CBD products that are THC-free. If in doubt, bring an FDA cleared (and labeled) product through the TSA to avoid confusion at the security checkpoint.

Beware of the gray area

“All kinds of mixed messages are being sent, but that’s because we have mixed messages in the legal system,” said David Bannard, attorney at Kaplan Kirsch & Rockwell LLP in Boston, who advises airports on marijuana and other regulatory issues said Forbes.

When it comes to TSA and marijuana, there are a lot of gray areas. Not only do states have different laws, but some airports even have different policies regarding marijuana and the TSA. Because of this mix of guidelines, it is always important to know and follow the exact laws wherever you are.