The legalization of recreational cannabis across various U.S. states has opened up questions about transporting cannabis across state lines, including flying from one legal state to another.
Here’s what you need to know about the risks, regulations, and reality of flying with cannabis.
Flying on Commercial Airlines
- Federal Law Supersedes State Law: Even if you’re flying between two recreational states, airspace is under federal jurisdiction. Cannabis remains illegal under federal law, which means carrying it through security or onto an aircraft is technically against the law.
- TSA’s Position: The Transportation Security Administration (TSA) focuses on threats to passenger safety and security, not cannabis enforcement. However, the TSA’s position is…if TSA agents find cannabis during security screenings, they may refer it to local law enforcement. Whether action is taken largely depends on the state laws where the airport is located.
- Example: In California, airports like LAX allow passengers to possess legal amounts of cannabis while on airport property. However, once you board a plane, federal regulations apply, and it’s at your own risk.
- Destination Regulations: Even if your departure state allows cannabis, the destination state’s airport may not. Some states may penalize passengers for arriving with cannabis, even if the state has legalized its use.
Private Flights: A Gray Area
Flying privately is sometimes seen as a loophole for transporting cannabis, but this isn’t entirely true. Private pilots are still subject to federal law, and cannabis is prohibited on private planes under Federal Aviation Administration (FAA) regulations. The difference lies in how strictly this is enforced, which can vary widely based on the pilot, flight company, and airport.
What Happens If You Get Caught?
The consequences can vary depending on the state, the amount of cannabis, and whether you’re on federal property.
- Confiscation: In many cases, if the amount of cannabis is within legal state limits, TSA or local law enforcement may simply confiscate the cannabis without further action.
- Fines and Charges: In states where cannabis is illegal or where airport policies strictly prohibit it, fines or charges may apply.
- Federal Penalties: Transporting large quantities or attempting to conceal cannabis can lead to federal charges, especially if there’s intent to distribute across state lines.
Tips for Cannabis-Friendly Travel
- Know the Airport’s Policy: Research the specific policies of both your departure and arrival airports. Some airports have “amnesty boxes” where travelers can dispose of cannabis products before security checks.
- Travel Low Key: Avoid excessive packaging or anything that draws attention. While TSA agents are not specifically looking for cannabis, they may notice if your luggage is flagged for other reasons.
- Consider CBD Alternatives: If you want a travel-friendly option, consider bringing CBD products with less than 0.3% THC. Under the 2018 Farm Bill, hemp-derived CBD is legal federally, although individual state regulations vary.
- Plan Ahead for Your Destination: Instead of carrying cannabis, look for local dispensaries or cannabis-friendly accommodations at your destination. You’ll find 420-friendly hotels and listings that may even offer cannabis packages to make your stay more enjoyable without the need for transport.
While flying with cannabis between recreational states is theoretically possible, it’s not technically legal under federal law. For a smoother and stress-free trip, consider other options, like purchasing at your destination, and always research the local laws and airport policies beforehand. Enjoy your travels and remember to stay within the boundaries of both state and federal laws.