Lois Larson
Transporting edibles, especially those containing cannabis, on a plane can be a tricky affair, given the differing laws across states and countries. While cannabis is legal in many US states, it is still illegal at the federal level. The Transportation Security Administration (TSA) is responsible for screening passengers and luggage at airports, and while they don't actively search for edibles or marijuana, they will notify law enforcement if any illicit substances are found. The TSA permits cannabis-related products with no more than 0.3% THC or those approved by the FDA. However, it can be challenging to determine the THC content in homemade edibles, so purchasing from a legal dispensary is recommended. The consequences of being caught with edibles at airport security vary, and in states where cannabis is legal, it may result in confiscation without further repercussions. Nevertheless, it is crucial to understand the laws at your departure and destination, stay within legal THC limits, and be prepared to declare edibles if asked by security to increase the likelihood of a smooth travel experience.
| Characteristics | Values |
|---|---|
| Screening for edibles | Not a priority for TSA |
| TSA's focus | Bombs, scissors, knives, and liquids over 4 oz |
| TSA's policy on edibles | Illegal, but with exceptions |
| Exceptions | Cannabis-related products with no more than 0.3% THC or those approved by the FDA |
| Local laws | Varying levels of action if caught with edibles |
| Los Angeles International Airport's policy | Allows up to 28.5 grams |
| Massachusetts law | Allows up to 1 ounce of cannabis |
| Suggestions for travellers | Use discreet packaging, reseal in airtight containers, or use original, sealed packaging |
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TSA screening policies
The Transportation Security Administration (TSA) has specific screening procedures and policies in place to ensure the safety of passengers at airports. These procedures are designed to identify prohibited items and other security threats, and they apply to both carry-on and checked baggage.
TSA officers screen approximately 3.3 million carry-on bags daily for explosives and other dangerous items. Passengers are required to remove personal electronic devices larger than a cell phone, such as laptops and tablets, from their carry-on bags for separate X-ray screening. Foods, powders, and items that clutter bags and obstruct X-ray images may also need to be separated. It is recommended to keep bags organized to facilitate the screening process.
Checked baggage is typically screened without the need for a physical bag search. However, TSA officers may inspect checked baggage, and if a physical inspection occurs, a notice will be placed inside the bag. Passengers can purchase specific locks that can be opened by TSA officers, allowing them to inspect baggage without cutting these locks.
TSA Cares is a dedicated helpline for travellers with disabilities, medical conditions, or other special circumstances. It provides additional assistance and information on screening policies and procedures. Individuals with medical devices, such as pacemakers, are advised to inform a TSA officer, as advanced imaging technology may be used instead of a walk-through metal detector. Wounded warriors, injured service members, and veterans may also contact TSA Cares to request assistance and benefit from expedited screening procedures.
While TSA screening policies focus on security, they also respect local laws and regulations. For example, in states where cannabis is legal, TSA agents follow the applicable state laws when screening for cannabis-related products. If discovered, THC edibles may be confiscated and disposed of, or local law enforcement may be involved, depending on the specific airport and state regulations.
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Local laws
Federal weed laws in the United States primarily impact businesses and those dealing with government bureaucracy. The 2018 US Farm Bill, which legalised hemp and hemp-derived products in all 50 states, also unintentionally legalised edibles nationwide. According to this legislation, hemp-derived products, including edibles, must contain no more than 0.3% Delta-9 THC. This percentage restriction allows for flexibility in the total weight of the product, enabling varying amounts of THC as long as it adheres to the 0.3% threshold.
While edibles may be legal in certain states or countries, there are often restrictions on purchasing them. For instance, just because marijuana has been legalised in a particular location doesn't necessarily mean individuals can buy it online. There may be additional laws and regulations that govern the sale and distribution of edibles, and these laws can vary by jurisdiction.
It's important to recognise that local laws regarding edibles are subject to change and ongoing legal reforms. As public opinion and cultural attitudes continue to shift, the legal status of edibles may evolve accordingly. As a result, individuals interested in consuming or purchasing edibles are advised to stay informed about the most current laws and regulations in their specific locality. Consulting official government sources or seeking legal advice is always recommended to ensure compliance with the law.
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Packaging
When it comes to flying with edibles, careful planning is required to ensure a smooth journey through airport security. While the laws and policies surrounding cannabis vary across different states and airports, it's important to remember that airports are operated by the federal government, and any cannabis product containing more than 0.3% THC is illegal at the federal level and in airports. Therefore, it is crucial to abide by the THC limit and ensure your edibles comply with legal requirements.
- Discreet Packaging: Opt for discreet packaging to avoid drawing unnecessary attention to your edibles. Reseal them in airtight, odor-proof containers or vacuum-sealed bags. You can also use familiar snack packaging or store-bought packaging to blend your edibles seamlessly with other food items.
- Original Sealed Packaging: Keep edibles in their original, sealed packaging, ensuring they meet legal requirements. This includes clearly stating the ingredients, THC content, and any necessary warnings or disclaimers.
- Lab Test Verification: Look for packaging that incorporates a QR code, such as MOOD Packaging. This allows TSA agents to scan the code and access third-party lab test results, verifying legal compliance for flying with edibles.
- Clear Labelling: If you've made your own edibles, clearly label them with ingredients, potency levels, and any other relevant information. This can expedite the security check process and is required in certain jurisdictions.
- Ingredient and Potency Declaration: When packing edibles, be prepared to declare the ingredients and potency levels if asked by airport security. Transparency and cooperation can contribute to a smoother experience.
- Research and Adhere to Laws: Familiarize yourself with the specific laws and regulations at your departure and destination airports. Different states and airports may have varying policies regarding cannabis and edibles. Understanding the legal landscape will help you make informed decisions and navigate potential issues.
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Drug-sniffing dogs
While the laws regarding the transportation of edibles through airports vary from state to state, drug-sniffing dogs are a common feature across airports in the United States. These dogs are trained to identify the scent of narcotics, including marijuana, cocaine, heroin, and methamphetamine. According to the Transportation Security Administration (TSA), over 900 canine teams operate across the nation to assist with drug and explosive detection.
The TSA Canine Training Center ensures that the dogs meet strict federal standards before deployment. Explosive detection is a high priority in busy airports, and dogs play a crucial role in ensuring security. They inspect checked luggage and cargo areas to prevent contraband, drugs, or weapons from making their way onto a plane.
In some cases, drug-sniffing dogs may be used to screen passengers directly. However, this is done covertly to avoid alerting potential threats. These dogs work efficiently and can search through hundreds of bags in a short time, ensuring that most passengers are unaffected by their presence.
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What to do if caught
While the laws regarding cannabis vary across different states, it is generally illegal to possess edibles at airports and during flights. If you are caught carrying edibles at an airport, the consequences may vary depending on the state and airport policies. Here is what you can expect and what you can do if caught with edibles at an airport:
Be Cooperative and Comply
If TSA agents discover edibles during a search of your bag, remain calm and cooperative. Do not attempt to hide or dispose of the edibles, as this may escalate the situation. Remember that TSA agents are just doing their job and complying with the law.
Understand the Policies and Consequences
Different airports may have varying policies and consequences for individuals caught with edibles. For example, at Los Angeles International Airport, if you possess edibles within the legal amount (up to 28.5 grams), the Airport Police Division may confiscate and dispose of the edibles without arresting you. On the other hand, at Boston Logan International Airport, while they are known for disposing of edibles, they also have the option to contact law enforcement.
Know Your Rights and Local Laws
Before travelling with edibles, it is crucial to understand the local laws and your rights regarding cannabis possession. Some states may have more lenient policies or allow medical cannabis reciprocity, which enables patients with medical marijuana cards to have certain privileges when travelling to another state. If you have a valid prescription or medical justification for possessing edibles, this may impact how your case is handled.
Seek Legal Advice
If you are detained or arrested due to possessing edibles, it is essential to seek legal advice as soon as possible. Consult with a lawyer who specializes in cannabis law or has experience with similar cases. They can guide you through your rights, explain the potential consequences, and help you navigate the legal process.
Learn from the Experience
If your edibles are confiscated and you are allowed to proceed with your travel plans, reflect on the experience and avoid repeating the same mistake. Understand that breaking the law, even unintentionally, can have consequences. When travelling with edibles or any other regulated substance, ensure you thoroughly research the laws and regulations of your destination and any layover locations.
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Frequently asked questions
No, edibles containing cannabis are prohibited in all types of baggage. However, the Transportation Security Administration (TSA) permits cannabis-related products with no more than 0.3% THC on a dry weight basis or those approved by the FDA.
The TSA will confiscate your edibles and refer the matter to law enforcement. The outcome depends on several factors, including the region's laws and the quantity of edibles. In regions where cannabis is legal, having a reasonable quantity may result in confiscation but no further action.
Only bring what you need for your trip, and opt for non-liquid edibles to simplify the security process. Pack edibles in discreet, airtight, and odour-proof containers with clear ingredient labels. Familiarise yourself with the laws, TSA guidelines, and airline policies regarding edibles.
Yes, drug dogs can detect cannabis. However, well-packaged edibles may reduce the likelihood of detection.
