As marijuana becomes legal in more states, the rules for travelers carrying their stash on board remain uncertain. Twenty-one states and Washington, D.C., have legalized recreational use for adults 21 and older, while 37 states and Washington, D.C., have medical marijuana programs. Yet, cannabis is still prohibited under federal law.
This creates a confusing mix of state and federal laws for travelers attempting to fly with pot on domestic U.S. flights. Traveling between states where marijuana is legal at both ends may seem straightforward, but overlapping jurisdictions and difficult-to-enforce guidelines complicate matters.
Can I Fly With Marijuana?
Technically, no! You cannot fly with marijuana. Under federal law, the possession and sale of marijuana are illegal.
Despite President Joe Biden’s recent pardons for those convicted of federal crimes for simple possession and his directive to review how marijuana is scheduled under federal law, marijuana remains classified as a Schedule I substance.
According to the Drug Enforcement Administration, Schedule I substances have no accepted medical use and a high potential for abuse. This category also includes drugs like heroin and LSD. Although airports are locally owned and operated, air travel is still governed by federal law.
What About Medical Marijuana?
Can you travel on a plane with medical marijuana? For marijuana – No! But for medical marijuana, that changes things.
The Transportation Security Administration (TSA) states that medical marijuana products “containing no more than 0.3 percent THC on a dry weight basis or that are approved by the FDA” are allowed in both carry-on and checked bags.
TSA agents are unlikely to ask for a medical marijuana card unless the traveler is carrying a larger amount or traveling through a jurisdiction where weed is entirely illegal, an agency spokesperson said. Source – CNBC
What About the TSA? Will They Search Me?
The TSA said it is not actively looking for marijuana but focuses on “potential threats to aviation and passengers” like weapons and explosives.
A defense attorney who has represented clients arrested for marijuana at airports said that if agents find marijuana in a passenger’s luggage, the TSA doesn’t have the power to arrest travelers. However, they can call local police. In that case, the police follow the local laws.
The DEA could be alerted by local law enforcement if the quantity of marijuana exceeds personal use or if officers suspect the traveler intends to sell marijuana.
What if the TSA Finds Marijuana on me?
While the Transportation Security Administration is not actively searching for weed or other federally illicit drugs, if it does find an amount that exceeds the local allowed limit, which vary widely for both weed and THC-infused edibles, it will alert local officials.
Can I Fly High?
Airlines’ contracts of carriage, which outline policies for everything from overbooked flights to lost baggage, state that intoxicated travelers cannot fly.
Similar to denying boarding to a barefoot passenger, airlines can refuse to allow a customer on the plane if, according to Delta’s rules, “the passenger’s conduct is disorderly, abusive or violent, or the passenger appears to be intoxicated or under the influence of drugs.”
Flying with Edibles
Can you travel on a plane with medical marijuana if it’s in the form of an edible?
In the case of going through security, the rules are the same for edibles as that for the joint. Since edibles are essentially marijuana-based products, you are not allowed to legally carry them through security and board the flight with it.
If the TSA catches you, they will report the matter to local law enforcement.
What About Putting Edibles in Checked Bags?
Never put edibles in the check in luggage as edibles are not allowed in the flights. You cannot put them in your carry-on or your checked bag.
Packing your edibles into your checked bag is the worst thing you can do. TSA random luggage search rates are considerably higher with checked luggage. These bags are more likely to be searched, meaning you are more likely to have your edibles detected.
Can Dogs Smell Edibles?
Dogs trained to sniff out drugs will have no problems detecting cannabis edibles. Remember, dogs have a sense of smell that’s 100,000 times more powerful than ours.
Attempting to mask the smell with another odor will not throw a drug dog off the scent. However, some believe certain smells can cover up their edibles, but this isn’t the case.
What Happens if You Get Caught with Edibles?
We have established that the answer to “Can you take edibles on a plane?” is no. So, what happens if the TSA finds weed in your checked luggage or carry-on?
The TSA isn’t actively looking for illicit substances. Their primary focus is on security threats within the U.S. Some TSA agents may overlook your edibles, depending on your location, but they will typically refer the matter to local law enforcement.
Your treatment will depend on the officer and where you are. If you’re flying out of cities like Portland, Seattle, or Denver, you might just be asked to dispose of your edibles and face no further action.
However, you can technically be charged with misdemeanors and felonies related to drug trafficking and possession.
Can you Travel on a Plane with CBD Gummies?
With 3.6 million legal medical marijuana patients wondering if they can take their medicine with them, CBD might seem like a viable alternative for your flight.
Yes, you can. CBD is not a controlled substance at the federal level. Recent laws have removed hemp from the Controlled Substances Act, effectively legalizing hemp-derived CBD. This means you can bring CBD into an airport and board an aircraft with it.
However, remember that not every state has legalized hemp. Some states still classify hemp as a controlled substance, so if you’re flying into these states, you might be committing an offense.
States also have varying laws regarding the source of CBD. For example, the only states that continue to ban marijuana-derived CBD are:
- Idaho
- Nebraska
- South Dakota
Other states, such as Georgia and Arizona, restrict CBD products for recreational use. In these cases, recreational users would need to be part of the states’ medical programs or benefit from reciprocity to legally possess or consume CBD.
Can You Fly with CBD Gummies?
Can you fly with medical marijuana in 2024? No, but what about flying with CBD gummies?
Yes, you can, but the same rules and restrictions apply as with other CBD products. As long as your gummies contain 0.3% THC or less, you can fly with them.
Note that your gummies must be legal at both the state and federal levels for the product to be technically legal in your destination state.
What’s the Best Way to Travel with Cannabis in the U.S.?
Traveling with medical cannabis in the U.S. can be confusing due to the different laws in each state and at the federal level. Here’s how you can navigate these complexities to ensure a smooth trip.
Understanding Federal vs. State Laws
Even though many states have legalized medical cannabis, it’s still illegal under federal law. This means that while you might be okay within your state, crossing state lines or going through federally controlled areas like airports can get tricky.
Preparing for Travel
Preparation is key to avoiding hassles.
Check State Laws
Each state has its own marijuana laws for traveling domestically. Some are strict, while others are more relaxed. It’s important to know the rules of the state you’re visiting and those you’ll pass through.
Register if Needed
Some states require you to register with their medical cannabis program. Make sure you do this in advance if needed.
Bring Your Paperwork
Always carry your medical cannabis ID card and a copy of your doctor’s recommendation. This is crucial if you’re questioned by law enforcement.
Plan Ahead with Dispensaries
Contact dispensaries at your destination to ensure they have what you need. This helps avoid last-minute issues.
What about Traveling Internationally?
No, marijuana rules vary worldwide, but it is still banned outright in many countries. While high-profile prison sentences for carrying weed through foreign countries are often for large quantities, even smaller amounts could result in hefty fines or more severe punishments.
Get Your Medical Marijuana Card Today!
Can you fly with medical marijuana in 2024? Under current federal regulations, you’re prohibited from flying with any product containing more than 0.3% THC, regardless of where you’re flying to or whether you have a medical card.
Getting your 420 medical card is more valuable than ever thanks to expanding reciprocal agreements. Even in recreational legal states, is a wise idea if you intend to travel. We support patients in understanding the requirements of your state’s program.