Uncle Sam’s relationship with marijuana is evolving. In 2014, Colorado became the first U.S state to legalize cannabis for recreational purposes. Other states have followed after, making it to 33 states across the country today. Illinois is one of the latest to legalize marijuana for recreational use. As a result, O’Hare International and Midway now have pot amnesty boxes at the end of every security checkpoint for travelers who may arrive with cannabis and don’t want to break the law by flying with it.
In the US, adults 21 and over can easily buy cannabis of any form for either medicinal and recreational. Using marijuana has become a norm especially for people using it for relief. Designated marijuana dispensaries are everywhere and availing weed delivery in Culver City is now easy and hassle-free.
It has also opened doors for a thriving market for tourism. Now, wine and weed tours are booming in California, and more restaurants and dine in places incorporate cannabis in their plates. But, though marijuana tourism sector is likely to flourish, travelers with marijuana across state lines or international borders still need to be extra careful.
The Federal Law
A U.S Customs and Border Protection (CBP) agent explained that an American citizen returning home from Canada (where cannabis is also legal) will be allowed back in the U.S after consuming cannabis, though “he or she may face a couple extra questions.’’
The agent said that “if it’s obvious that someone in the car has smoked or we smell it, you may be subject to search at that point, but barring [possession, they] would be allowed to continue.’’
It means - once you enter a security checkpoint, federal law enforcement will take charge. And marijuana is illegal under federal law, although the authorities exhibit more lenient stance than in earlier years. So basically, crossing a border with a joint could still land you in serious trouble. The laws and guidance for travelers returning a visit to Canada are the same as those who traveled across state lines – even if you’re flying to a state where marijuana is legal.
Michael McCarthy – former TSA spokesperson and current spokesperson for the U.S. Department of Homeland Security - explained that regardless of the passenger’s destination, origin, amount of substance carried or having a medical marijuana card, TSA are still required to tell the police of any discovery during the screening. It’s up to the local police department to decide on the next steps.
Repercussions
Repercussions for travelers caught with marijuana will vary depending on the specific policies of the state. Law enforcement in Oregon let the passengers carrying marijuana to fly to other destination within the state without them having the substance disposed. Though this is not always the case. Some officers may allow you to pass through security with a bit of pot in your pocket. But beware in Idaho, Kansas, and South Dakota if you don’t want your hands cuffed behind your back!
Rob Pedregon, a public information officer at Los Angeles International (LAX) – one of the biggest weed-friendly cities with a busy airport – said that they wanted to focus on educating the public, and not put them in cuffs and write citations. They aim to explain the law to marijuana possessing travelers and aid them out of screening and try to accommodate them the best they can. He added that possessing and trying to transport a large quantity of marijuana than what’s allowed in California (1 ounce) is what makes them get into a big trouble.
Paraphernalia
Marijuana paraphernalia, such as pipe or bowl, is allowed in security. Specifically, at LAX, there is no issue even if something has a resin – given that it’s not usable. Nonetheless, TSA officials are not trained to differentiate between the types of products and paraphernalia so if they see something suspicious, it will likely be reported.
Substances with THC (responsible for high) such as edibles, oils, or joints are illegal under federal law and not allowed during air travel. But not all cannabis-derived substances contain THC, such as hemp-based products or pure CBD. Under the 2018 Farm Bill signed at the end of December 2018, CBD oil from hemp is considered legal. It means police officials can allow a hemp-based CBD gummy but cannot for cannabis extracted CBD. Though things have changed in May, when the TSA have updated their rules for travelers with medical cannabidiol or CBD. CBD medicinal approved by FDA can be allowed for check in or carry-on as long as it does not contain more than 0.3 percent THC.
“We tell patients to bring their doctor recommendation with them, just in case law enforcement stops them. We also tell them to keep their medical recommendation and their medical I.D card with them, and know their physician’s number and maybe their lawyer’s number – just in case,” said Debbie Churgai, the interim director of Americans for Safe Access.
Bottom Line
Sure you may get on the plane with whatever is in your bag, but you may have to expect a little (or longer) delay. When traveling with marijuana or marijuana-related products, it is vital to know and understand the state and federal laws, especially on the possible repercussions. Looking up for airline’s rules and regulations is also helpful. Delta Airlines, Alaska Airlines and American Airlines are some of the airlines that have created policies that ban marijuana from their aircraft, even if you have a medical card.
So, to be clear, can I legally fly with weed from Point A to Point B? The answer is No. Carrying marijuana onto a plane is a federal crime as it is illegal under federal law. Federal law governs airplane travel as the airspace you’ll be traveling through is considered a federal territory. You can check for an updated state laws and regulations about marijuana in legal sites as many laws are ever-changing from time to time. If you are going to a state where marijuana is legal, why not buy or get weed delivery soon as you arrive. As always, it is best to consider safety as the main priority.
