Navigating Marijuana Laws While Traveling, Can You Fly with Weed?

(MENAFN) As more states legalize marijuana, the question of how and if travelers can bring their stash on board remains up in the air. While some states have legalized recreational and medicinal use, marijuana is still illegal under federal law. Hence, travelers hoping to fly with pot on domestic U.S. flights have to face an ever-changing patchwork of conflicting state and federal laws.

Under federal law, the possession and sale of marijuana is illegal, despite President Joe Biden’s recent pardons for anyone convicted of a federal crime for simple possession and his directive to review how marijuana is scheduled under federal law [1]. According to the Drug Enforcement Administration, marijuana is classified as a Schedule I substance, which means it has no accepted medical use and has a high potential for abuse. Therefore, it is illegal to possess and sell marijuana under federal law, and air travel still falls under federal law, despite the airports being locally owned and operated.

Travelers flying between states where marijuana is legal in both the origin and destination may assume that it is straightforward. However, with overlapping jurisdictions and hard-to-enforce guidelines, it can get complicated. While some airports in states where marijuana is legal have adopted more relaxed policies, such as LAX, where passengers can carry up to 28.5 grams of marijuana and 8 grams of concentrated marijuana [2], other airports may have strict policies, leading to confusion among travelers.

Even if travelers are flying from and to states where marijuana is legal, they still cannot fly with it. The Transportation Security Administration (TSA) is a federal agency and prohibits any form of marijuana in both checked and carry-on luggage [3]. However, TSA agents are not looking for marijuana, and if they find it, they will refer it to local law enforcement.

In summary, travelers cannot fly with marijuana as per federal law. Even if they are flying between states where marijuana is legal, they still cannot fly with it. Travelers should also be aware of the legality of marijuana in other states or countries they may be traveling to. While some states have adopted more relaxed policies, leading to confusion among travelers, the TSA prohibits any form of marijuana in both checked and carry-on luggage. Travelers caught with marijuana can face fines, confiscation of marijuana, and even arrest, depending on the state's laws.

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