Can you Bring Weed on a Plane?

07/15/2024
LOOKAH


As more and more states legalize both medical and recreational marijuana use, travelers are becoming increasingly curious about the legality of flying with the controlled substance.

This question is essential for travelers who rely on cannabis products that to be aware of the risks before making a decision .

However, The answer is Complicated!As there is a conflict between federal and state policies! Not to mention the strange dichotomy of the interpretation of the law.

Here is a comprehensive guide that tackles TSA guidelines and federal laws regarding weed products on a plane, and insights into what might happen if you’re caught with cannabis on your journey.

Federal law about marijuana

Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, classified as a Schedule I drug, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA.

Marijuana possession in federal court is a Class A Misdemeanor that carries a penalty of up to 1 year in jail and a fine of up to $1,000, if it's your first charge. If the offender has a prior drug conviction, then the criminal penalties increase.

Can you bring weed on a plane?

Technically, You can't legally take any forms of weed (including dry flower, oil, edibles and concentrates) on a commercial airplane in the US! even if it’s between two states or entirely in one state with legalized cannabis.

While marijuana is legal in many U.S. states, it is a criminal offense to possess it under federal law.

Air travel in the United States falls under federal jurisdiction, so airports and airplanes follow federal marijuana law.

Taking any amount of weed on a domestic flight of US, even for personal use, is a federal offense and can result in serious consequences .

The Transportation Security Administration ( TSA ) is responsible for screening passengers and baggage for prohibited items , including illegal drugs .

TSA officers are required to report any suspected violations of law to local, state or federal authorities. If the airport police determine that you are violating the law, they might arrest you.

But the reality is quite different. TSA is mainly concerned with screening out items which pose a risk to the flight itself, and they may or may not choose to report finding your marijuana.

In addition, It is important to note that some States and localities do have specific policies that limit or restrict the use and/or possession of marijuana at airports, even in those States where marijuana is legal.

For example, In California the legal limit is about one ounce of flower and eight grams of oil for people 21 years of age and older. In Nevada the limit varies slightly at one ounce of flower and 3.5 grams of oil.

So if you was landing in either of those states you would feel comfortable carrying a legal limit’s worth. Be sure to check the laws of the states in which you plan to travel.

How do I fly internationally with marijuana?

No, You can't do that. International flights are an entirely different matter. On international flights, customs is involved, especiall if a drug sniffing dog is on duty. You don’t want to get arrested in a foreign country!

Remember that when you travel, you are subject to the laws and jurisdiction where you travel to. If you travel internationally, the US Constitution and rights don't follow you to the international location. So if you end up in Singapore, you have the Singaporean law to deal with....not the USA law.

Marijuana rules vary across the world, but it is still banned outright in many countries, especially in asia.

While many of the high-profile prison sentences for carrying weed through foreign countries are for large quantities, even smaller amounts could carry hefty fines or more severe punishments.

What happens if TSA finds weed in checked luggage?

If any illegal substance like weed is discovered by TSA officers during security screening, law enforcement will more than likely be notified.

If the TSA refer you to local police, discretion is up to local governing bodies to pursue legal action, which is vary from state to state.

But if you are caught and turned over to federal authorities, you could be charged with a misdemeanor or a felony, depending on the amount of marijuana you have.

In addition to criminal charges , you could also face administrative penalties from the TSA . You may be subject to a civil fine , and your TSA PreCheck privileges could be revoked .

If you are caught with marijuana on a domestic flight , it is important to be honest with law enforcement officers. Providing false information could result in additional charges .

You should also be prepared to provide proof of medical marijuana use , if applicable.

How much weed can you legally bring on a plane?

Marijuana is still illegal to fly with. So you cannot take any amount of cannabis legally on a plane.

TSA officers aren't looking for marijuana, but have a legal duty to report it if they find more than three ounces of the stuff.

Also, passengers should be aware that marijuana laws vary state by state and they are encouraged to check the laws of the states in which they plan to travel.

Can you bring edibles like weed gummies on a plane?

Even if edibles like weed gummies are legal in both your departure and arrival locations, they're technically illegal to bring on a plane.

However, Although cannabis edibles contain an element of the Class B drug, they do not have the smell or appearance of cannabis.

This makes them more discreet and might look like normal food items, they are hard to identify. we have never heard of someone being caught with edibles. But make sure it’s not labeled as THC product.

Can you bring a weed vape pen on a plane?

It's legal to carry vape equipment in your carry-on; the problematic part is specific to cannabis (THC) cartridges.

Weed vape Pens can go in carry-on luggage or in your pockets. But never in checked luggage. That's for any kind of vapes that have lithium batteries.

Cannabis is federally illegal, and transporting it across state lines is a big no-no, especially by air.

That said, generally speaking the TSA screeners are only looking for weapons, explosives and other dangerous items, not contraband such as small "personal use" quantities of controlled substances.

If you've got a vape pen in your backpack, probably nobody is going to care as long as you don't whip it out and try using it in the airport or on the airplane.

Read More: Can you take a Weed Dab Pen on a Plane?

Conclusion

Even if marijuana is legal in most states, it is still illegal to take it on a plane on a federal level.

TSA security officers do not search specifically for marijuana, but if any illegal substance is discovered during security screening, TSA may refer the matter to a law enforcement officer.

So domestic U.S. airport travel with marijuana should be considered a low-risk, but not risk-free, action.

In most states, it is unlikely you'll be cited, detained or prosecuted for carrying a small amount of cannabis onto your flight.

However, If you attempt travel with larger amounts of marijuana, or are not of a legal age to possess it, that is when you may face more serious legal action from local enforcement agencies.

The simplest and safest option is to not travel with any marijuana and pick up a new supply upon arrival at your destination.