Flying High? The Legal Hurdles of Traveling with Marijuana

As cannabis legalization spreads across the United States, the question of whether you can fly with marijuana remains a confusing maze of federal and state laws. Travelers may think they’re in the clear when departing from states where marijuana is legal, but federal rules governing air travel tell a different story. Here’s what you need to know before heading to the airport with cannabis in tow.

Cannabis remains a Schedule I drug under the Controlled Substances Act, placing it in the same category as heroin and LSD. This classification means marijuana is illegal under federal law, regardless of state-level legalization. The Transportation Security Administration (TSA), which operates under federal jurisdiction, must adhere to these rules, creating a minefield for travelers.

TSA’s official statement clarifies their position: "Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products containing no more than 0.3% THC or that are FDA-approved."

TSA officers focus on security threats, not drug enforcement. However, if marijuana or another illegal substance is discovered during routine screening, TSA refers the matter to local, state, or federal authorities. This means carrying cannabis—even in small amounts—could lead to legal trouble, especially when flying between states with differing cannabis laws.

The only federally legal cannabis products are those with less than 0.3% THC or those approved by the FDA, such as Epidiolex. For travelers carrying these products, it's critical to have proper labeling to avoid potential misunderstandings during screenings.

The cannabis landscape is evolving, and federal reclassification could significantly alter travel rules. Recently, the U.S. Drug Enforcement Administration proposed downgrading marijuana to a Schedule III substance, a category that includes ketamine and anabolic steroids. If reclassified, marijuana would still face regulation but could be more widely accepted for medical use.

However, the regulatory process is lengthy and uncertain. For now, travelers must navigate the legal hurdles posed by marijuana’s current classification.

Tips for Travelers

1. Know the Laws: Research the cannabis regulations of your departure and destination states.

2. Avoid Risks: Even if traveling between legal states, refrain from carrying cannabis through federal checkpoints.

3. Carry Documentation: If you must travel with federally legal CBD products, ensure proper labeling and documentation.

Would You Risk Flying with Marijuana? 🚨 Share Your Thoughts

• Yes, I’d take the chance if it’s a small amount.
• No way, the risks aren’t worth it!
• Only if it’s legal CBD with proper labeling.