The short answer, it depends.
The legality and enforcement of flying with cannabis varies from state to state, country to country.
Let’s put this into perspective. You planned a trip, paid good money and spent time and effort to make it all possible. You want to bring cannabis to relax and enjoy the time away. It’s in your best interest that you are familiar with the ins and outs of flying with cannabis and if you’re headed into inconvenient trouble, or a memorable vacation.
Be extra cautious when flying abroad from the United States to a foreign country. Ensure you are aware of their laws around cannabis. Some countries have very stiff penalties if you’re caught with cannabis.
Are we cool? What the TSA thinks of Flying With Cannabis
Since 9/11 occurred, the Transportation Security Administration, or TSA, was formed to watch over and protect travelers when flying within, or departing from, the United States. This brought increased scrutiny using more advanced technologies to scan luggage for contraband, and greater restrictions on what travelers can bring through security checkpoints.
This quote is directly from the TSA’s “What Can I Bring?” webpage:
Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.
The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
Transportation Security Administration (TSA)
So that’s clear, right? I sense your eye roll. An interesting tidbit about the TSA is that they are not a law enforcement agency:
“The TSA is required by federal law to notify law enforcement when they discover what appears to be an illegal substance. But while marijuana is still consider illegal under federal law, the TSA is not a law enforcement agency.”
Marijuana no longer seized at airport checkpoints in New York
Brendan Lyons, Times Union, July 19, 2021
It may seem like the TSA is focused on supporting the bottled water industry and confiscating nail clippers. All kidding aside they are laser-focused on real world threats and confiscating items that can harm such as explosives, guns and knives. Not the small amount of cannabis you think you have cleverly hidden in your luggage.
To make this point, the TSA took to Instagram with a post on their official account on none other than April 20th (4/20), 2019 that starts “Are we cool?”:
“TSA officers DO NOT search for marijuana or other illegal drugs. Our screening procedures are focused on security and detecting potential threats. But in the event a substance appears to be marijuana or a cannabis-infused product, we’re required by federal law to notify law enforcement. This includes items that are used for medicinal purposes.”
@TSA on Instagram, April 20, 2019
Let’s put that into terms we can all understand. If the TSA finds cannabis (the foreign substance) on your person or while doing a physical search of your luggage, they are under an obligation to contact the local authorities, even if you have a medical card. You should be prepared for that very slight possibility if you’re planning to fly with cannabis, depending on the airport you are flying out of and your final destination.
That said, how law enforcement reacts in this situation will vary from state to state. For instance, in New York, law enforcement over the last couple of years has taken the stance of not issuing a citation or making an arrest for 3 ounces or less of cannabis. 3 ounces!
Again per the Times Union:
“Albany County Sheriff Craig Apple…said they no longer issue tickets or make an arrest if the amount of marijuana appears to be less than three ounces.
“We don’t take it anymore,” he said. “It’s legal if not more than three ounces and, well, have a nice day.”
Marijuana no longer seized at airport checkpoints in New York
Brendan Lyons, Times Union, July 19, 2021
