How Much Weed Can You Legally Bring on a Plane? Your Essential Guide
Understanding Federal Law and Local Regulations
Navigating the complexities of marijuana laws is crucial for travelers. Federal law classifies marijuana with over 0.3% THC as a Schedule I drug under the federal Controlled Substances Act of 1970. While marijuana laws vary by state, and airports encourage travelers to check the specific laws of the states where they plan to travel, local law enforcement may be contacted if TSA officers suspect a violation of federal law. For instance, California law allows for recreational marijuana use, but federal law still prohibits it.
Air Travel Regulations and Weed
The Transportation Security Administration (TSA), as a federal agency, maintains a consistent stance on marijuana across all states and airports, irrespective of local legalization. TSA security officers do not specifically 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. TSA marijuana rules are focused on security and designed to detect potential threats to aviation and passengers. Recreational marijuana is prohibited from being brought on a flight, even if it’s legal in the state of departure or arrival.
Medical Marijuana and Air Travel
Medical marijuana remains illegal under federal law, and the same rules apply to traveling with medical marijuana. TSA excludes products with less than 0.3% THC on a dry weight basis or those approved by the U.S. Food and Drug Administration. Medical marijuana card holders may still be subject to federal law and TSA regulations.
Cannabis-Infused Products and CBD Oil
Cannabis-infused or THC products, such as oil, leaf marijuana, edibles, and hash, remain illegal under federal law and are prohibited during air travel. CBD oil derived from hemp is legal, but TSA rules still ban CBD oil with more than 0.3% THC. You can travel with vape pens in carry-on bags, but they cannot be checked if containing lithium batteries exceeding 100 watt hours.
What Happens if the TSA Finds Weed in Your Luggage?
If a TSA officer discovers an item that may violate the law during the security screening process, they will refer the matter to law enforcement, who will determine whether to initiate a criminal investigation or take other steps. The repercussions can vary widely depending on the specific state’s policies on possession. TSA may confiscate weed found during the screening process, even if it’s legal in the state of departure or arrival.
Packing and Transporting Weed
It’s best to not take the risk of bringing weed on a plane, as it’s still illegal under federal law. If you must transport weed, make sure to follow TSA guidelines and pack it in a quart-size liquids bag and keep it under 3.4 ounces. Be cautious with CBD flower buds, as TSA cannot test CBD for THC levels, so they rely on packaging.
International Flights and Weed
On domestic flights in the United States, you can travel with CBD oil and other cannabidiol products if the THC content is below 0.3 percent. CBD oil containing THC above 0.3 percent is illegal under federal law. If any illegal substance is discovered during security screening, the TSA will report it to a law enforcement officer.
Airline Policies and Weed
Airline policies may vary, but most follow federal law and TSA regulations. Some airports, like Chicago’s O’Hare International Airport, provide cannabis amnesty boxes, while others, like Los Angeles International Airport, release jurisdiction to arrest individuals if complying with state marijuana laws.
Consequences of Getting Caught with Weed on a Plane
Possessing illegal amounts of weed can result in penalties under §11357 of the California Health and Safety Code. If you’re facing charges for marijuana possession, contact a lawyer to discuss your case. Federal law prohibits marijuana use, and getting caught can result in serious consequences.
Final Tips and Reminders
Marijuana laws vary by state, and it’s essential to check the specific laws of the states where you plan to travel. TSA officers are required to report any suspected violations of law to local, state, or federal authorities. The simplest and safest option is to not travel with any marijuana and pick up a new supply upon arrival at your destination.
Conclusion
In conclusion, while the landscape of marijuana legality is evolving, it remains illegal under federal law to bring weed on a plane. Understanding the intersection of federal and state laws, as well as TSA regulations, is vital for any traveler.
To avoid potential legal issues and ensure a smooth travel experience, it is advisable to leave marijuana behind when flying and adhere strictly to TSA guidelines and federal laws. Always stay informed about the latest regulations and consider consulting with legal professionals if in doubt about your rights and responsibilities when traveling with cannabis products.