A Stealthy Traveler's Guide: Edibles Through Airport Security

Transporting edibles through airport security is a risky endeavour. While some sources claim that TSA agents are primarily concerned with searching for weapons, explosives, and dangerous items, and are unlikely to care about edibles, others have reported being stopped for carrying them. The consequences of getting caught can be severe, including jail time, although there are no set rules for punishment. The risk also depends on the airport and the state, with some airports providing 'amnesty boxes' for disposing of cannabis without consequences. Ultimately, it is illegal to fly with edibles, and individuals must decide for themselves whether the risk is worth it.

TSA priorities

The Transportation Security Administration (TSA) has outlined its priorities in its 2018-2026 TSA Strategy. The strategy identifies three strategic priorities:

• Improve Security and Safeguard the Transportation System: TSA aims to enhance security measures and protect travellers across the nation. This includes investing in technology and innovation to address security threats effectively.
• Accelerate Action: TSA prioritizes taking proactive steps to achieve its goals. This involves creating short-term objectives and implementing plans to align with broader national strategies, such as the National Security Strategy and the National Strategy for Aviation Security.
• Commit to Our People: TSA recognizes the importance of its workforce and stakeholders. It provides clear guidance, develops roadmaps, and works towards common goals to ensure the safety and security of the transportation system.

In addition to these strategic priorities, TSA has also emphasized the following specific areas:

Cybersecurity: TSA's Chief Information Officer (CIO), Yemi Oshinnaiye, has highlighted the importance of cybersecurity and the need for robust identity and network management. TSA is committed to exploring AI models that enhance security while prioritizing passenger privacy.

IT Innovation: TSA has launched the IT Lift Cell Innovation Lab to drive innovation and address IT challenges. This lab provides a collaborative workspace for workshops, brainstorming sessions, and open discussions to enhance IT systems related to transportation security.

Capital Investment Plan (CIP): CIP guides TSA's technology investments to achieve its strategic priorities. It helps TSA determine and prioritize future investments necessary to fulfill its mission of safeguarding the transportation system.

While TSA's primary focus is on improving security and safeguarding travellers, it also recognizes the importance of technological advancements, cybersecurity enhancements, and strategic investments to achieve its goals effectively.

Packaging

Firstly, it is essential to remove edibles from their original packaging, especially if it has THC labeling or any obvious indicators of cannabis products. Opt for plain, nondescript packaging that will not draw attention. Plain plastic bags, such as zip-lock bags, are commonly used and can be easily purchased.

When using plastic bags, consider the type of edible you are transporting. For example, if you are carrying gummy edibles, choose a bag similar to those used for regular candy. You can mix the edibles with non-cannabis candies or gummies of a similar appearance to further disguise them. This tactic can be particularly effective for gummies, chocolate chips, or other small, individually wrapped edibles that can be easily combined with non-cannabis food items.

If you are transporting baked goods or larger edibles, consider cutting them into smaller portions and wrapping them in plain foil or plastic wrap. Then, place them in a sandwich bag or a container that would typically hold similar non-cannabis food items. For instance, brownies can be cut into squares and placed in a cookie or sandwich bag.

It is also recommended to avoid metal containers, as some airports have body scanners that can detect metal. Plastic or paper packaging is generally a safer option. Additionally, keep in mind that some airports have stricter security measures, such as sniffer dogs, which may increase the risk of detection.

Lastly, always check the regulations of the airport and your destination. Some airports have specific policies regarding cannabis products, and the legality of edibles may vary depending on your destination. Be aware of the potential consequences and risks associated with transporting edibles before deciding to proceed.

Airport-specific policies

While TSA agents are primarily concerned with bombs, scissors, knives, and liquids over 4 oz, they may still notify the state police if they discover edibles in your luggage. The consequences of carrying edibles through airport security vary depending on the state and the amount of the substance in question.

Some airports, like Chicago's O'Hare and Midway, offer amnesty boxes, which allow travelers to dispose of cannabis products without penalty before going through security. Las Vegas McCarran International Airport also has amnesty boxes. However, not all airports are so forgiving, and attempting to bring edibles through airport security can result in serious legal consequences.

In the United States, federal law does not recognize medical marijuana, so it is treated the same as recreational cannabis. If you are traveling with CBD oil, it is important to note that the TSA updated its policy in 2019 to allow CBD containing less than 0.3% THC. However, this may not be the case in more conservative states.

When traveling abroad with edibles, it is essential to exercise caution. The U.S. State Department has warned against traveling with CBD oil, and getting caught in a country with strict cannabis laws can lead to severe consequences. Therefore, it is generally recommended to leave edibles at home when traveling by air.

Legal consequences

The legal consequences of attempting to sneak edibles through an airport vary depending on several factors, including the location, the amount of the substance, and the specific policies of the airport and local authorities. Here are some key points to consider regarding the potential legal consequences:

• Federal Laws: In the United States, federal law prohibits the possession and transportation of cannabis products, including edibles, across state lines. This means that even if you are travelling between two cannabis-friendly states, once you enter the airport and cross state lines, you are subject to federal jurisdiction. The Transportation Security Administration (TSA) enforces these federal regulations, and they have the authority to confiscate and dispose of any prohibited items discovered during security checks. While the TSA's primary concern may be items that endanger passengers, such as bombs or knives, they will still take action on prohibited substances like edibles.
• Local Laws and Enforcement: The consequences of being caught with edibles at an airport can vary depending on the local laws and policies of the specific state or country. Some states, like Massachusetts, may allow for a certain amount of cannabis possession, but it is still illegal to consume it in public or on federal property. In other states, such as Texas, possessing marijuana is illegal, and you may face arrest or criminal charges. The local authorities' discretion also comes into play, as some airports may choose to dispose of edibles without involving law enforcement, while others may take a stricter approach and contact state police or enforce harsh penalties.
• International Travel: When travelling internationally, the legal consequences of being caught with edibles can be even more severe. The U.S. State Department has cautioned against travelling with CBD oil, and foreign countries may have much stricter cannabis laws. Getting caught in a country with stringent cannabis laws can lead to serious repercussions, including potential arrest, fines, or even imprisonment.
• Amount and Packaging: The amount of edibles and their packaging can also influence the legal consequences. Smaller amounts that fall within the legal possession limits of a particular state or country may result in confiscation and disposal, rather than legal charges. Properly packaging edibles in unnoticeable and odour-proof containers can help avoid unwanted attention from security personnel.
• Medical Marijuana: It is important to note that federal law in the U.S. does not recognize medical marijuana. Therefore, even if you have a medical marijuana card, you may still be subject to the same legal consequences as recreational users when travelling through airports.
• Driving to Your Destination: If you are considering alternative travel methods to avoid flying with edibles, be cautious about driving. Cops from non-legalized states have been known to target incoming cars with plates from states with more lenient cannabis laws. The smell of cannabis in your car can increase the risk of being pulled over and facing legal consequences.

In summary, attempting to sneak edibles through an airport can result in a range of legal consequences, from confiscation and disposal to arrest and criminal charges, depending on the specific circumstances and the laws of the jurisdiction in which you are travelling. It is always advisable to stay informed about the local laws and regulations of your departure, layover, and arrival locations to make informed decisions and avoid potential legal troubles.

CBD products

In 2019, the TSA updated its travel policy to approve certain hemp-derived CBD and cannabinoid-based products for travel. According to the official TSA Government website, 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 on a dry weight basis or that are approved by the FDA.

Therefore, if you are flying with CBD, it is recommended to carry FDA-approved drugs or medical cannabis. It is also advisable to keep your prescription with you and leave the marijuana products in their original packaging. Additionally, have the certificate of analysis (CoA) readily available on your phone, which you can find on the website of any legitimate brand. This certificate proves that the THC level in your CBD product is at or below the required 0.3%.

To avoid any accidental spillage during the flight, ensure that your CBD products are unopened or sealed in a bag. It is also important to be cautious when travelling across state lines, as some states may have stricter laws or less tolerance regarding CBD products. In such cases, it is better to err on the side of caution and leave any questionable products at home.

Furthermore, while the TSA has updated its policy, individual airports may have their own rules. For example, Denver International Airport has a policy prohibiting the possession or consumption of any marijuana products on airport property. So, it is always good to be cautious and familiarise yourself with the latest guidelines and local laws before attempting to travel with CBD products.

Frequently asked questions