Jazmin Li
While cannabis is now legal in many places, the rules around travelling with it are less clear. In the US, federal law does not recognise medical marijuana, so the same rules apply to both medical and recreational cannabis. According to the Transportation Security Administration (TSA), the only cannabis-related products that are legal to bring onto a plane are those that contain no more than 0.3% THC or medication that has been approved by the FDA. This is because airports, even in states where marijuana is legal, are operated by the federal government, and cannabis products containing more than 0.3% THC are illegal at the federal level. However, some airports are relatively lax when it comes to cannabis, especially on domestic flights. So, can you take edibles through the airport?
| Characteristics | Values |
|---|---|
| Legality of carrying edibles through the airport | Illegal, but some states allow medical cannabis reciprocity |
| Legality of carrying edibles in checked baggage | Illegal, but some people do it anyway and TSA agents may not notice |
| Legality of carrying edibles in carry-on baggage | Illegal, but some people do it anyway and TSA agents may not notice |
| Consequences of getting caught with edibles at the airport | Edibles may be confiscated and disposed of; in some cases, local law enforcement may be involved |
| Factors influencing the likelihood of getting caught | The situation, location, amount of cannabis, and discretion of the TSA officer |
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What You'll Learn
Federal restrictions on flying with edibles
According to federal law in the United States, marijuana and certain cannabis-infused products, including some cannabidiol (CBD) oil, are illegal. This is true regardless of whether the cannabis is for medical or recreational use. The only exception is for products that contain no more than 0.3% THC on a dry weight basis or those that have been approved by the FDA. This policy is in place because airports, regardless of the state laws where they are located, are operated by the federal government, and cannabis products containing more than 0.3% THC are illegal at the federal level.
When passing through a TSA security checkpoint, an individual enters federally controlled territory, which extends to the aircraft and its airspace. That said, the TSA's priority is detecting threats to passengers and aircraft, and their officers are not searching specifically for marijuana or other illegal drugs. If any illegal substances are found during screening, the matter will be referred to a law enforcement officer. The TSA conducts random searches on checked luggage, so edibles are more likely to be found if packed in checked luggage rather than carry-on bags.
If edibles are discovered by TSA officers, they will be confiscated and disposed of, or the authorities will be alerted, and a law enforcement officer will handle the situation. Different states may take different levels of action if edibles are found at one of their airports. For example, Los Angeles International Airport's policy notes that although TSA screening checkpoints are under federal jurisdiction, the Airport Police Division will not arrest an individual in the airport if they do not exceed the legal amount in their possession, which is up to 28.5 grams.
While some people choose to take the risk of flying with edibles, it is important to be aware of the potential consequences and the fact that it is a violation of federal regulations.
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TSA guidelines on edibles in carry-on luggage
The Transportation Security Administration (TSA) guidelines state that the only cannabis-related products that can be brought onto a plane (in either carry-on or checked baggage) are those containing no more than 0.3% THC on a dry weight basis or medications approved by the FDA. This is because airports, regardless of the state's laws on marijuana, are operated by the federal government, and cannabis products with more than 0.3% THC are illegal at the federal level.
If a TSA officer discovers anything that violates local, state, or federal law during the security screening process, the matter will be referred to the appropriate law enforcement agency. While TSA officers are not searching for marijuana or other illegal drugs, they are required to report it if found. Local law enforcement will then decide on the necessary steps.
Some airports, like O'Hare in Chicago, have amnesty boxes that allow travelers to discard their weed before security. Los Angeles International Airport has a similar policy, stating that while its airport police division will not arrest individuals complying with California's marijuana laws, TSA screening stations are under federal jurisdiction.
It is important to note that some airlines, such as Delta Air Lines and American Airlines, explicitly prohibit passengers from transporting marijuana on their flights. Therefore, it is advisable to check with the specific airline's policies before attempting to travel with edibles or any cannabis-related products.
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Hiding edibles in checked luggage
While the laws surrounding cannabis vary from state to state in the US, cannabis products containing more than 0.3% THC are illegal at the federal level, and this includes airports. Therefore, the same laws apply to edibles in checked luggage as they do to carry-on bags. If edibles containing more than the permitted level of THC are discovered in your checked luggage, they will be confiscated and the local authorities may be alerted. However, it is unlikely that you will be arrested, especially if you are in a state where weed is legal.
Some sources suggest that it is safer to transport edibles in your carry-on luggage, as checked luggage is subject to random searches. Additionally, edibles are organic materials and do not have a noticeable smell, so they are less likely to be detected by security.
If you are going to attempt to transport edibles in your checked luggage, it is recommended that you use normal packaging without any obvious weed-related branding or medical wording. You can also disguise edibles by putting them in packaging that matches their appearance, such as putting gummy edibles in a bag of regular gummy bears.
It is important to note that flying while intoxicated by edibles or any other form of marijuana is against federal aviation regulations. Some edibles can take a while to kick in, so it is advised that you do not consume them shortly before your flight.
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Penalties for carrying edibles through airport security
While the laws and penalties regarding the possession of edibles vary across different states, the federal law, which applies to airports, prohibits the possession of cannabis products containing more than 0.3% THC. Therefore, carrying edibles through airport security is illegal and can result in various consequences.
If you are caught carrying edibles through airport security, the TSA may confiscate and dispose of your edibles. In some cases, they may even hand them over to local law enforcement, leading to further legal repercussions. The specific penalties you face will depend on the state in which you are caught and the amount of edibles in your possession. For example, at Los Angeles International Airport, the Airport Police Division will not arrest individuals who possess up to 28.5 grams of edibles, which is the legal amount allowed in that state. On the other hand, in Massachusetts, it is illegal to possess any amount of edibles in public or on federal land, so carrying edibles at an airport in this state could result in more severe consequences.
While some airports and TSA agents may be more lenient than others, it is important to remember that flying with edibles is a violation of federal regulations. Therefore, attempting to bring them through airport security carries a risk of penalties, even if the likelihood of getting caught is relatively low.
To avoid any legal repercussions, it is advisable to refrain from carrying edibles through airport security and to comply with the federal and state laws regarding cannabis possession. Understanding the specific laws and regulations of the state in which you are travelling can help you make informed decisions and avoid penalties.
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Edibles and international travel
When it comes to international travel, the rules around flying with edibles are the same as for domestic flights. Federal restrictions are in place that make travelling with cannabis by plane illegal, even when travelling between two states where cannabis is legal.
However, some airports and states are more lenient than others. For example, Los Angeles International Airport will not arrest an individual if they do not exceed the legal amount in their possession, which is up to 28.5 grams. Meanwhile, Massachusetts law allows a person to carry up to an ounce of cannabis, but it is illegal to use any form of it in public or on federal land.
If edibles are discovered by the Transportation Security Administration (TSA) during a search of your bag, they can be confiscated and disposed of, or handed over to local law enforcement. The TSA states that the only cannabis-related products that can be brought onto a plane (in either carry-on or checked baggage) are those containing no more than 0.3% THC or medication approved by the FDA. This is because airports are operated by the federal government, and cannabis products containing more than 0.3% THC are illegal at the federal level.
Some people choose to take the risk of travelling with edibles, as TSA agents are not actively looking for them, and edibles can be disguised as regular food items. However, it is important to be aware of the laws and regulations around cannabis possession and consumption in the destination country, as these can vary widely. For example, Thailand has strict laws around marijuana use, and some travellers have expressed concern about facing legal consequences for possessing edibles while travelling there.
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Frequently asked questions
No. According to the Transportation Security Administration (TSA), the only cannabis-related products that are legal to bring onto a plane (in either carry-on or checked baggage) are those that contain no more than 0.3% THC or medication that has been approved by the FDA.
If you are caught with edibles at the airport, TSA agents may confiscate and dispose of them. They can also hand them over to local law enforcement, who will take further action. The consequences depend on the situation, location, and amount of cannabis in your possession.
Some people disguise edibles in look-alike packaging, such as putting THC gummies in a bag of regular gummy bears. However, it is important to note that attempting to bring edibles through airport security is illegal and may result in confiscation or legal consequences.
No, flying with medical marijuana is a violation of federal regulations. However, some states allow medical cannabis reciprocity, which means patients with medical marijuana cards may have certain privileges when travelling to another state.
While cannabis laws vary across states in the US, it is important to remember that airports are operated by the federal government, and cannabis products containing more than 0.3% THC are illegal at the federal level. When travelling internationally, it is crucial to consider the local laws and regulations of your destination country to avoid legal repercussions.
