What to know before bringing weed on a plane

As marijuana becomes legal in additional states, the query of how and if travelers can bring their supply on board stays up within the air.

Twenty-one states and Washington have legalized recreational marijuana use for adults 21 and older, and 37 states and Washington have medical marijuana programs. But marijuana remains to be illegal under federal law.

This leaves travelers hoping to fly weed on U.S. domestic flights to face an ever-changing patchwork of conflicting state and federal laws.

Traveling between states where marijuana is legal at each origin and destination could appear easy, but with overlapping jurisdictions and hard-to-enforce guidelines, it becomes complicated.

Technically not. Under federal lawpossession and sale of marijuana is unlawful.

Despite President Joe Biden’s recent pardon of anyone convicted of a federal crime for easy possession and his directive to review how marijuana is scheduled under federal law, marijuana continues to be classified as a Schedule I substance.

According to Drug Enforcement Administration, Schedule I substances haven’t any accepted medical use and have a high potential for abuse. This also includes drugs corresponding to heroin and LSD.

And while airports are locally owned and operated, air travel remains to be subject to federal law.

“Most persons are under the impression that traveling with marijuana is appropriate since it’s legal in California, nevertheless, they’re unaware of travel restrictions,” said Karla Rodriguez, a police captain at Los Angeles World Airports, which operates Los Angeles International Airport. “Additionally, passengers must pay attention to the legality of marijuana in other states or countries.”

She said many of the arrests involved “passengers who take an amount in excess of what is taken into account personal use.”

Well, that changes things.

The Transportation Security Administration has stated that medical marijuana products that “contain not more than 0.3 percent THC on a dry weight basis or which can be FDA approved” are allowed in each carry-on and checked baggage.

An agency spokesman said TSA agents probably would not ask to see a medical marijuana card unless the traveler was carrying a bigger amount or was traveling through a jurisdiction where marijuana is totally illegal.

The TSA said it doesn’t actively seek for marijuana, but slightly focuses its screening procedures on “potential aviation and passenger hazards,” corresponding to weapons and explosives.

“The TSA is in search of anything illegal, but they should not law enforcement,” said William Kroger, a defense attorney representing clients arrested for marijuana at airports.

Kroger says that if agents find marijuana in a passenger’s luggage, the TSA has no authority to arrest travelers. However, he can call the local police. Some local cops told CNBC that they’d abide by local laws in such a situation.

Local law enforcement may notify the DEA if the quantity of marijuana exceeds personal use or officers have reason to suspect that the traveler intends to sell marijuana.

While the TSA doesn’t actively seek for marijuana or other illegal federal drugs, if it finds an amount that exceeds local limits, which vary widely for each marijuana and THC-containing edibles, it’ll alert local officials.

Some airports offer amnesty boxes where travelers can throw away the pot before travelling. According to the Chicago Department of Aviation, there are 12 at Chicago’s O’Hare International Airport and one at Midway International Airport.

Cannabis products are legal for private use in Illinois as of January 1, 2020, and residents may possess as much as 30 gramsor about an oz of cannabis flower.

“Once amnesty boxes are cleaned and items are in, officers will make a report, inventory the cannabis or cannabis products, after which get rid of it in an identical manner to drug disposal,” a Chicago Police Department spokesman said. he said in a press release.

In New York and New Jersey, airport police implement those states’ laws, said a spokesman for the Port Authority of New York and New Jersey, which oversees the realm’s largest airports. New York and New Jersey legalized marijuana for recreational use in 2021.

According to the Denver Police Department, travelers at Denver International Airport can return marijuana to their vehicle or give it to someone who isn’t traveling so long as the marijuana is lower than 2 ounces. Colorado legalized recreational marijuana in 2014.

They also can hand it over to cops, where it’ll be “shipped for destruction and is not going to be returned to them,” said Jay Casillas of the Denver Police Department. “Any amount greater than 2 ounces will warrant an investigation where they could be arrested and charges could also be filed.”

However, the severity of the penalty depends largely on the jurisdiction, said Kroger, a defense attorney. In states with stricter marijuana laws, “you possibly can find yourself in jail or jail,” he said.

Airline contract of carriage, a document that lists rules for every part from overbooked flights to lost luggage, state that intoxicated travelers should not allowed to fly.

In a practice just like denying boarding to a passenger attempting to board barefoot, airlines may deny a customer boarding an aircraft if, in response to Delta, rulesfor instance, “the passenger’s behavior is disruptive, abusive or violent, or the passenger appears to be inebriated or drugs.”

Again, no. Marijuana laws vary around the globe, but in lots of countries it remains to be completely banned and albeit high-profile prison sentences for the transportation of marijuana through other countries are in large quantities, even smaller quantities can carry heavy fines or harsher penalties.