Is it legal to fly with marijuana? Even though cannabis may be legal where you live, it is still not legal federally. Thus it is still illegal to fly with marijuana and you may find legal trouble if you are caught in a jurisdiction where cannabis is not yet legal. Even if you have medical prescription and clearance, you cannot legally take your medical cannabis on the plane with you on your next flight. Recently, many states have enstated laws and relaxed restriction around flying with marijuana on airplanes.
According to the Transportation Security Administration (TSA), “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.”
TSA representatives have stated that finding marijuana or your package of edibles isn’t their main priority. They are more concerned with flight safety than with upholding the country’s drug regulations. There is federal law that requires TSA agents to alert local law police if they discover marijuana in your bags because they are unable to make arrests themselves. If you are in states that have not legalized or decriminalized marijuana, you can find yourself with serious legal issues. However, if you are in a place where marijuana is legal, like Colorado, TSA inspectors might ignore your marijuana if it is under the state’s permitted possession restrictions.