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.
In response, a spokesperson from the Transportation Security
Administration (TSA) broke down the federal agency’s stance on marijuana and
what happens when a traveler is discovered to be carrying weed.
TSA Comments on Flying With Cannabis
The TSA released the following comments to TravelPulse:
“It is important for me to note 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. This also
covers medical marijuana.”
“TSA’s focus is on terrorism and security threats to the
aircraft and its passengers. TSA’s screening procedures, which are governed by
federal law, are focused on security and are designed to detect potential
threats to aviation and passengers.”
“As has always been the case, if during the security
screening process a TSA officer discovers an item that may violate the law, TSA
refers the matter to law enforcement. Law enforcement officials will determine
whether to initiate a criminal investigation or what steps – if any – will be
taken.”
Additional information:
- Marijuana remains an illegal substance under federal law.
- The passenger’s originating and destination airports are not
taken into account. Airport law enforcement will be notified if marijuana is
discovered by a TSA officer during the security screening process of carry-on
and checked baggage.
- Whether or not the passenger is allowed to travel with
marijuana is up to law enforcement’s discretion.
“Finally, TSA's screening procedures are focused on security
and are designed to detect potential threats to aviation and passengers.
Accordingly, TSA security officers do not search for marijuana or other illegal
drugs, but if any illegal substance is discovered during security screening,
TSA will refer the matter to a law enforcement officer.”
Can You Fly With Weed?
Medical marijuana dispensaries are nationwide, and most states have relaxed their laws on how much recreational marijuana a person can have. Ah, but can you fly with it? (And by fly we mean literally, on an airplane, not metaphorically.)
The short answer is, no. And, at the same time, sort of.
According to the Transportation Security Administration, "Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, 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. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities."
There's your hard no. Marijuana is still illegal to fly with. However...
"TSA's screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer."
There's your 'sort of.'
It's a risk you, as a passenger, will have to take. The TSA takes jurisdiction over airline policy when it comes to marijuana and will refer you to the proper authorities if they find it.
If they find it being the key phrase. For instance, when the state of New York legalized the recreational possession of up to three ounces of cannabis, TSA spokesperson Lisa Farbstein admitted the strange dichotomy of the interpretation of the law. Farbstein said 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.
"There has been no change in the way that TSA handles marijuana or other drugs that TSA officers come across when they are performing their security duties," Farbstein told Gotham Magazine.
Benjamin Branham, a spokesman for the Port Authority, which operates John F. Kennedy International Airport and LaGuardia Airport in New York City, said:
"New Yorkers 21 years old and older can possess, obtain and transport up to three ounces of cannabis. Therefore, PAPD does not issue tickets, seize or arrest for this amount at New York airports."
Lack of Clarity Causing Confusion
Laws surrounding marijuana are often confusing for travelers
because they vary widely between countries, states, and even cities, creating a
patchwork of rules that can be hard to navigate.
In places where weed is legal for medical or recreational
use, there are still strict limits on how much you can carry and where you can
consume it. Marijuana is legal in parts of the U.S., but some countries have
harsh penalties for possession regardless of where it was legally purchased.
“One of the consistent challenges in this space is the level
of legal nuance and variation that isn’t always clear to travelers,” Brian
Applegarth of Applegarth
Intelligence and founder of the Cannabis Travel Associaton said. “That includes confusion between hemp and cannabis, as
well as difficulty distinguishing between licensed and unlicensed retail and
consumption environments.”
“The question is whether there’s a clear, consistent
information pathway delivered through official and frontline destination
channels—such as tourist information centers and airport touchpoints—so
visitors can better understand the environment they’re in,” Applegarth
continued.
This inconsistency leaves many travelers unsure of what is
allowed, increasing the chance of accidental violations despite good
intentions. So, while you might think you have dodged a bullet by getting your
stash past the TSA checkpoint, you still have to deal with state laws depending
on where you arrive.
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