Can You Legally Fly with Cannabis Edibles?

As cannabis legalization expands across the United States and abroad, many travelers wonder, can you fly with cannabis edibles? The question has grown even more relevant with the rise in popularity of cannabis-infused products, especially edibles. While cannabis may be legal for recreational or medical use in many states, federal law and TSA’s screening procedures make flying with cannabis a complex and risky proposition. Here, we’ll explore what happens if TSA finds weed in checked luggage or your carry-on and what you need to know about federal jurisdiction when flying with edibles.

Federal law vs. state law: the cannabis conundrum

Marijuana remains classified as a Schedule I drug under federal law. In other words, meaning it is considered an illegal substance at the federal level. This classification applies to all forms of marijuana, including cannabis edibles and cannabis-infused products with over 0.3 % Delta-9 THC [1]. Even though many states have legalized cannabis for either medical or recreational use, once you step onto airport property or cross state lines during air travel, you enter federal jurisdiction. This means that federal authorities like the Transportation Security Administration (TSA) must follow federal laws when screening passengers and their luggage [2].

As of now, can you bring weed on a plane or fly with edibles legally? The short answer is no—not under federal law. You can not legally fly with cannabis edibles or smokables if they contain more than 0.3 % Delta-9 THC, classifying them as marijuana. To complicate the issue, passengers flying between two states where marijuana is legal still cannot legally fly with marijuana. In other words, even if it’s legal in the state you’re departing from and the state you’re landing in, cannabis with over 0.3 % Delta-9 THC becomes an issue the moment you cross into federal jurisdiction [2]

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TSA screening: what happens if TSA finds weed?

TSA works hard to detect potential threats to passenger safety, such as weapons and explosives. According to the agency, they do not actively search for illegal drugs like marijuana. However, during the screening process at the TSA checkpoint, if a TSA officer discovers illegal edibles in a passenger’s carry-on or checked bag, they are required to report the discovery to local law enforcement. [3]

At airports like Denver International Airport, which is located in a state where recreational marijuana is legal, the situation is more nuanced. Typically, Denver’s airport police division does not arrest passengers for possessing small amounts of marijuana. Instead, they will ask the individual to dispose of the substance in amnesty boxes. Still, at any U.S. airport, marijuana remains illegal under federal regulations. Indeed, you could face significant legal consequences if you are caught attempting to transport it, especially in checked baggage [4].

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Flying with edibles: Is It different from flying with cannabis flower?

For many travelers, edibles might seem like a discreet option for bringing cannabis on a plane. But, can you bring edibles on a plane without facing legal consequences? The same rules that apply to raw cannabis or cannabis oils also apply to edibles. Whether found in checked luggage or carry-ons, marijuana-infused products are subject to federal law, and possession of high THC edibles on an airplane can lead to law enforcement involvement [5].

Flying with edibles also raises a series of logistical challenges. For example, while some airport security personnel might overlook a small amount of weed, the food-based nature of edibles may attract more scrutiny. Also, edibles present the challenge of varying potency, often calculated on a dry weight basis. As a result, TSA representatives must determine if the product exceeds the legal amount of Delta-9 THC [5].

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Flying with medical marijuana and CBD

Medical marijuana patients may wonder, can you fly on a plane with medical marijuana? Unfortunately, even patients with valid medical cannabis prescriptions face the same federal restrictions as recreational users. Indeed, the federal government does not recognize state-issued medical marijuana cards or prescriptions. Thus, TSA officers will treat medical marijuana the same as recreational marijuana if it’s found during the screening process [6].

However, flying with CBD products is a slightly different matter. Under the 2018 Farm Bill, CBD derived from hemp (with a Delta-9 THC content of less than 0.3%) is no longer classified as a controlled substance under federal law. Hence, passengers may legally bring hemp-derived CBD products, such as oils and topicals, as long as they adhere to TSA’s liquid guidelines. However, it is essential to ensure that any CBD products you carry contain less than 0.3% Delta-9 THC, as anything higher is federally illegal [6].

International travel and cannabis: a whole different story

If you can’t fly with edibles domestic, can you fly with them for international flights? No. If you attempt to bring edibles or weed on an international flight, the stakes are even higher. Indeed, many countries have stringent drug laws, and being caught with cannabis in a foreign country can lead to severe consequences. For example, individuals could face arrest and imprisonment. Thus, it’s crucial to familiarize yourself with the specific cannabis regulations of your destination country. Even if a small amount of cannabis is legal in your home state, it could be classified as a dangerous drug abroad [7].

Rows of seated passengers on an airplane. Can You Legally Fly with Cannabis Edibles? Earthy Now

What to do if you need cannabis while traveling

For travelers who require cannabis for medical purposes, the best option may be to leave the cannabis at home and obtain it at your destination if it’s legal there. Alternatively, you can check with the local authorities or dispensaries at your destination before traveling. Many dispensaries in cannabis-friendly states or countries have information on whether you can purchase cannabis as a visitor [8].

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Potential consequences when you fly with cannabis edibles

What happens if TSA finds weed in checked luggage or your carry-on? In many cases, if a TSA agent discovers cannabis during the screening process, they will refer the matter to local law enforcement or airport police. Then, depending on the state and the amount of cannabis found, you may be required to dispose of the product or face more severe consequences. These may include fines or arrest. In certain situations, you could also lose travel privileges like TSA PreCheck or Global Entry status. [9]

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Key takeaway: Can you legally fly with cannabis edibles?

Flying with weed or THC edibles is fraught with legal risks. Under current federal law, marijuana remains illegal, even if your home state or the state you’re traveling to allows it. Thus, if you want to bring weed or edibles on a plane, you must weigh the risks and understand both federal regulations and state laws before you fly. Or, buy low-THC cannabis products from Earthy Now, which you can legally travel with.

Ultimately, you may want to leave any marijuana products at home, especially when flying domestically or internationally. Whether packing edibles in your checked bags or carrying small amounts in your carry-on, the risk of law enforcement involvement and the potential for legal consequences make it unwise to take the chance. Instead, do your research, stay informed, and make responsible choices when it comes to air travel and cannabis.

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Medical Disclaimer / Legal Disclaimer – Information is provided for educational purposes. It does not and is not intended to constitute legal advice or medical advice. We attempt to be accurate and up-to-date, but the legality of cannabinoids and the science of cannabis are evolving. The author is neither a legal professional nor a medical expert. Before buying or using any products, you should check with your local authorities and medical providers.

References

Frequently Asked Questions

How much weed can you legally bring on a plane?

You cannot legally bring any amount of marijuana on a plane under federal law. However, on domestic flights you can bring hemp products that contain 0.3 % or less of Delta-9 THC [2]. Check the TSA’s guide for updates: https://www.tsa.gov/travel/security-screening/whatcanibring/all Visit Earthy Now for a wide selection of federally compliant cannabis (hemp) products.

Can you bring weed on a plane?

Bringing marijuana on a plane is illegal under federal regulations [2]. However, you can bring hemp products with no more than 0.3 % Delta-9 THC on a plane for domestic flights. Check out federally compliant hemp products from Earthy Now.

Can you bring edibles on a plane?

You cannot bring marijuana edibles on a plane as they fall under federal cannabis restrictions [9]. However, if they contain no more than 0.3 % Delta-9 THC or less, you can bring edibles on domestic flights.