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As of 2023, cannabis is legal either medically, recreationally, or both in more states than not. With these newly relaxed laws on a state level, certain questions are bound to emerge, especially when it comes to traveling with weed. More specifically, flying with weed tends to spur a lot of questions because flight travel is where state and federal laws often converge to generate a lot of confusion.
So, is flying with weed legal? Can you bring weed through TSA? We’ve got all the details to know as you make your air travel plans below.
Is Flying with Weed Legal?
No, technically, but there are a few exceptions.
Many states may have legalized cannabis, but weed and THC products with more than 0.3 percent THC are still federally illegal. Air travel is governed by federal laws, which means even locally owned and operated airports should enforce cannabis restrictions. This means that you could be flying with weed pen disposables, flying with weed gummies, or otherwise from one legal location to another legal destination and still be breaking federal laws.
Confused yet? You are not the only weary traveler feeling confused when you find out that flying with weed is a no-go. The discrepancy between state and federal laws leaves a lot of people with the impression that they can fly with cannabis, and it will not be an issue. However, it definitely could land you in legal hot water, depending on the circumstances.
There are exceptions to the rule. If you are traveling with therapeutic, CBD-based products that contain less than 0.3 percent THC, like a CBD tincture you’re not breaking any federal laws. However, even here there is a caveat. You can only travel with an amount of these products that would be reasonable for personal use only.
Does TSA care about weed or does TSA check for weed?
The TSA does look for illegal items when they check out travelers and their luggage. However, TSA is not law enforcement, and its primary focus is to look for items that could be deemed as a threat to the flight or the safety of the other passengers. Therefore, the security professionals at the airport are typically not looking for weed or weed products and may not say much if you aren’t trying to fly with a major amount.
What happens if TSA finds weed in my bag?
So, what happens if TSA finds weed in checked luggage, or you’re caught flying with weed vape on your person? The TSA can technically decide to alert local law enforcement or even the DEA. However, if you are in a weed-legal state, they may also simply ask you to dispose of the products, return the items to your vehicle, or even give your products to an adult of legal age who is not flying.
The exception is if you’re caught traveling with a large amount, such as a few ounces of weed or a collection of pre-rolls. Larger amounts are more likely to cause an alert to the local authorities.
Each state and airport can have its protocols for what happens when passengers are caught with weed, THC gummies, or concentrates. In some airports, amnesty boxes have been placed that are explicitly for disposing of cannabis products before going through TSA.
How to Get Weed Through TSA
In short, you’re best not to try. While TSA may not be focused on digging through your luggage or your pockets in search of a weed vape or gram of flower, if they find it, they could technically contact the authorities. From that point, it’s up to those officials to decide what happens.
Further, while you may be flying domestically and even remaining within state borders, the TSA is a federal entity, which means when you pass through one of their screening stations, if you’ve got weed, you are technically breaking federal laws. Therefore, the risk is not worth trying.
Can You Board a Flight While High?
This, too, is technically not allowed with most airlines. Most have a clearly outlined set of policies that state that passengers can be refused their flight if they appear under the influence or intoxicated. If you are not obviously inebriated, you may make it past the barriers to your flight, but it’s best not to chance it.
Flying in New England? Simply Plan a Visit to Silver Therapeutics When You Arrive
If you’re traveling through New England, keep in mind, we have dispensaries in Massachusetts, Maine, and Vermont. Therefore, it is a far better idea to plan a visit to one of the Silver Therapeutics dispensaries when you get off the plane than to risk flying with weed.
