As the holiday season approaches, many travelers are gearing up to visit loved ones or escape to warmer destinations. While the legalization of marijuana has expanded across many states, it’s crucial to consider the rules and regulations when it comes to flying with cannabis.
At airport TSA security checkpoints, passengers can bring various items, from baked goods to candles, and even their furry friends. However, when it comes to marijuana, the situation becomes more complex due to federal laws.
Despite the changing landscape of cannabis legality in the United States, it’s essential to note that marijuana remains illegal at the federal level. This prohibition extends to certain cannabis-infused products, including CBD oil.
TSA (Transportation Security Administration) has established guidelines regarding the transportation of cannabis products. Passengers are permitted to carry cannabis products that contain no more than 0.3 percent THC on a dry weight basis or those approved by the FDA (Food and Drug Administration) in either their carry-on or checked luggage. Importantly, these rules apply regardless of the departure or arrival airports.
It’s worth emphasizing that TSA’s response to the discovery of marijuana is consistent across all states and airports, irrespective of the state’s individual cannabis laws. Lorie Dankers, a TSA spokesperson, clarifies that
“TSA’s response to the discovery of marijuana is the same in every state and at every airport – regardless of whether marijuana has been or is going to be legalized at the state level. This also covers medical marijuana.”
To illustrate, consider a scenario where you’re flying from Denver, a state with legalized marijuana, to Los Angeles, another state with similar laws. TSA regulations remain consistent in both states, and they may stop you if they detect marijuana in your luggage.
It’s important to understand that TSA’s primary focus is on passenger safety, other travelers’ security, and identifying potential threats. Larry Mishkin, a lawyer at the Hoban Law Group, which provides legal services for individuals in the marijuana industry, states that
“TSA has gone out of its way to say that its focus is not on marijuana.”
TSA officers do not actively search for marijuana or illegal drugs. However, if they come across any potentially illegal items during the security screening process, they are obligated to report them to local law enforcement. Law enforcement authorities then decide whether any further action is necessary.
Whether or not a passenger is allowed to travel with marijuana is ultimately at the discretion of law enforcement. Regardless of the decision, cannabis products cannot proceed through the security checkpoint if discovered.
Travelers often wonder about the rules regarding vape pens or e-cigarettes on planes. Some airports, such as Chicago’s O’Hare, offer cannabis amnesty boxes where travelers can dispose of their marijuana before going through TSA. At Los Angeles International Airport, the LA Airport Police Division does not have the jurisdiction to arrest individuals complying with state law while in possession of marijuana. However, TSA screening areas remain under federal jurisdiction, so travelers may still need to discard their cannabis, but they are unlikely to be arrested.
In summary, TSA’s primary focus is on terrorism and security threats to ensure the safety of the aircraft and its passengers. While the landscape of marijuana legalization is evolving, travelers are advised to be aware of federal regulations and the potential consequences of attempting to fly with cannabis.
It’s worth noting that the legalization of recreational marijuana varies by state, and even within legal states, some aspects of the law may still be in flux. Ohio, for example, recently became the 24th state to legalize recreational marijuana, with dispensaries expected to open late next year. As the cannabis landscape continues to change, travelers need to stay informed and navigate TSA regulations accordingly.
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