What you need to know before you fly!
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If you're a cannabis user preparing for travel, there are a few risks you should be aware of before you get on a plane with weed.
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As of now, you can't lawfully bring weed into an airport, let alone onto a plane. That's true even if your state has recreational or medical marijuana laws on the books.
But some consumers aren't willing to leave their cannabis at home, especially those who consume for medical reasons.
Many who've attempted to fly with cannabis out of legal states report a hands-off approach from the Transportation Security Administration (TSA) and law-enforcement agencies. On the other hand, travelers flying out of prohibition states are more likely to run into legal trouble.
A more discrete option than toting flower or concentrates is to throw edibles in your bag. Keep reading to learn about the risks of flying with edibles.
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The TSA has higher priorities than confiscating your marijuana.
They're looking for bombs, weapons, liquids, or any other suspicious substance that could potentially endanger people on a plane. Unless you make your weed obvious to them, you're THC-infused chocolates (packaged like regular candy) are unlikely to cause you any serious trouble.
TSA guidelines explicitly state that 'marijuana and certain cannabis infused products, including some CBD oil, remain illegal under federal law.' The only exception to this is cannabis products containing 0.3 percent THC or less.
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However, those same guidelines go on to say the following:
'TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer.'
In other words, bringing weed on a plane is illegal. But you won't be specifically searched for cannabis (especially not edibles). If a TSA officer happens to find your stash, they won't lock you up ' they'll let local police figure it out.
If you're in a weed-friendly state, that probably means you'll have to throw your cannabis away, and the interruption may cause you to miss your flight. Unless you're traveling through the Los Angeles International Airport (LAX), that is. The LAX marijuana policy is, well, pretty lax compared to the rest of the country:
'As of January 1, , California law allows for individuals 21 years of age or older to possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana for personal consumption. With the change in state law, the policy and procedures of the Los Angeles Airport Police Division (APD) regarding marijuana were updated to reflect this change. APD officers, who are California Peace Officers, have no jurisdiction to arrest individuals if they are complying with state law.'
That policy may make LAX the safest airport to carry your edibles through. But what's likely to happen if you're in a state that prohibits cannabis?
Since the TSA's policy is to hand your case over to local police, the response you'd face really depends on the city cops who'd engage you. TSA canines won't be sniffing for weed, but local police dogs might.
For example, a lawyer was arrested at an airport in Little Rock , AK in early and charged with possession with the purpose to deliver a schedule IV controlled substance. In mid-June, Los Angeles Lakers player Alex Caruso was arrested and charged with possession of marijuana and paraphernalia at Easterwood Airport in Texas.
The bottom line?
Getting arrested isn't a total impossibility. Consider location before you decide on packing edibles. Depending on your situation, the potential cons of traveling with edibles through an airport in a prohibition state may outweigh the benefits.
For some consumers, the risks are worth it. If cannabis is your medicine, the thought of traveling without it may seem like an impossible alternative.
In that case, take the following precautions before you fly with edibles:
TSA isn't looking for your stash of weed chocolate . Because edibles look just like regular snacks, they're the easiest cannabis products to get through security.
In short, make sure your edibles look like plain-old-unmedicated food. Here's the TSA's policy on food:
'Solid food items (not liquids or gels) can be transported in either your carry-on or checked bags. Liquid or gel food items larger than 3.4 oz are not allowed in carry-on bags and should be placed in your checked bags if possible.'
In other words, leave your weed-infused beverages at home, pack your edibles in something discreet (and odor-proof ), and you should be in the clear.
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This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.Flying with edibles isn't risk-free, but it's the safest way to get on a plane with cannabis. You can minimize risk even more by packaging your edibles in an inconspicuous container and only bringing what you need. Consider local laws and drug enforcement policies carefully so you can decide if flying with edibles is the right choice for you.
By Tony Abou Jaoude
Tony is the Brand Marketing Manager at Happy Valley, writing about all things cannabis. He has a Bachelors Degree in Marketing Communications and loves hiking, cooking and French Bulldogs. His favorite Happy Valley cultivar is End Game Cookies, especially in 7-pack .5g pre-roll tins.
Everything you need to know about flying with edibles
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Let's take a quick quiz:
You live in a state where medical cannabis is legal, and you have a current prescription for it from your doctor. Can you take it with you when you fly?
You live in a state where recreational cannabis is legal, and you are flying to another state where it is also legal. Can you bring it with you on a plane?
Airport TSA Agents follow different policies on flying with cannabis, following the laws of the states in which they are located. True or false?
You might be surprised to know that the answers are no, no, and false. Let's take a look at the legalities around bringing edibles on a plane.
No, but there are stipulations. According to the Transportation Security Administration (TSA), the only cannabis-related products that are legal to bring onto a plane (in either carry-ons or checked baggage) are those that contain no more than 0.3 percent THC or medication that has been approved by the FDA.
This is because airports, whether in a state that marijunana is legal or not, are operated by the federal government and cannabis products containing more than .3% THC are illegal at the federal level and airports.When an individual goes through a TSA security checkpoint, that person has entered the federally controlled territory of the airport which extends to the aircraft and its airspace.
That said, the TSA's own statement points out that its mission is security, and its priority is detecting threats to passengers and aircraft. The agency's security officers aren't searching for your edibles, but if they discover any during screening, they'll let a law enforcement officer handle it.
Packing edibles in your checked bag has the same result as walking through security with them. If they are discovered during a search of your bag by TSA, they will hand them over to local law enforcement who will take it from there.
Different states may take different levels of action if you are caught with edibles at one of their aiports. At Los Angeles International Airport, even though their policy notes that although TSA screening checkpoints are under federal jurisdiction, the Airport Police Division won't arrest an individual in the airport if he or she does not exceed the legal amount in their possession, which is up to 28.5 grams. However, it depends on location.
For instance, while Massachusetts law allows a person to carry an ounce of cannabis at a time, the law itself makes the point that it is illegal to use any form of it (smoking, edibles, even vaping) in public or on federal land. Despite the legality of small amounts, if the TSA discovers your edibles during an airport security check at Boston Logan International Airport, they may contact the Massachusetts State Police at their discretion.
A few airports, including Las Vegas' McCarran International Airport, have installed 'amnesty boxes,' where travelers can dispose of cannabis and related products without penalty. And others, including Denver International Airport, still prohibit cannabis anywhere on airport property. Denver's Channel 7 reporters filed Freedom of Information requests and found that there were five times the number of cannabis 'items' seized at DIA in the first eight months of than there were in the same time period in ' 635 in , 115 in . Passengers who have items confiscated are typically interviewed by a Denver police officer.
Airports with amnesty boxes include:
Las Vegas' McCarran International Airport
O'Hare International Airport
Chicago Midway International Airport
Please note that these regulations, as well as state and federal laws, only govern American citizens when they are in the United States. Cannabis laws around the world vary greatly, and getting caught in a country where it's illegal can have serious ramifications. The U.S. State Department has even warned travelers against traveling with CBD oil in their luggage.
What Should Medical Marijuana Patients Do?
Unfortunately, flying with medical marijuana is also a violation of federal regulations, but some states allow medical cannabis reciprocity. This means patients with medical marijuana cards can enjoy similar privileges when they're away from their home state, although they may have to apply for a new card valid only in the state they are visiting. At the time of publishing this article, the following states offered medical card reciprocity:
Alaska
Arizona
Arkansas
California
Colorado
Hawaii
New Hampshire
Maine
Massachusetts
Michigan
Nevada
Oklahoma
Oregon
Pennsylvania
Rhode Island
Washington
Washington DC
However, the circumstances and amount allowed differ from state to state. For example, Arizona does not allow visitors to patronize dispensaries, although legally they may consume it, while Hawaii allows visitors who have applied for an in-state card to purchase up to 4 ounces of cannabis (per 15-day period) from certified dispensaries. Be sure to do your homework before you travel.
At this point, the answer is no. Bringing any cannabis product with more than 0.3 percent THC on an aircraft is against federal law. However, even though federal regulations trump all others while airline passengers are beyond a TSA checkpoint, the laws are changing rapidly. Check the laws of your departure and arrival cities, as well as their airports and airlines that you plan to use to know exactly what the situation will be.
If you are interested in learning more about cannabis legality around the world, cannabis tourism, driving with cannabis, and more, check out our new Traveling with Cannabis ebook.
If you are flying into Boston, be sure to visit our East Boston location for premium cannabis products, located one mile north of Boston Logan International Airport. And if you'd like to news delivered directly to your inbox, join our list to become a Happy Valley Insider. Sign up by scrolling to the bottom of the page and entering your address in the Stay Connected section.
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