Flying With Cannabis: What Every Traveler Needs to Know
Air travel and cannabis remain a legal minefield—even for medical-marijuana patients. Regardless of state legalization, once you’re at a federally regulated airport or board a plane, federal law takes precedence.
Federal law governs
Under the Transportation Security Administration (TSA), “marijuana and certain cannabis-infused products … remain illegal under federal law” except for items containing no more than 0.3% THC by dry weight and derived from hemp.
Because airports, security checkpoints, and commercial flights fall under federal jurisdiction, possessing or transporting THC-rich cannabis—even if allowed by your state—can expose you to legal risk. As the Federal Aviation Administration (FAA) notes, “Even if marijuana possession or cultivation is legal in a state, it is illegal under federal law to use an aircraft to transport marijuana to, from, or within that state.”
What TSA does (and what it doesn’t)
TSA officers do not proactively search for drugs like marijuana—they are focused on threats to aviation such as explosives and weapons.
However, if an officer detects what appears to be cannabis or a cannabis product during screening, TSA is required to report it to law enforcement.
The outcome varies: in some states enforcement might be minimal (confiscation, warning), while in others you could face citation or arrest. But from a legal standpoint, the possession of THC cannabis at an airport checkpoint violates federal law.
Medical card? Doesn’t change things
Even if you hold a state-issued medical marijuana card, that does not grant you protection when flying. Because cannabis remains a Schedule I controlled substance at the federal level, federal law overrides state law in the air-travel context.
For medical patients, this means you cannot legally carry your cannabis medicine from one state to another on a commercial flight—even if both states allow medical use.
Hemp-derived CBD is different—but still has caveats
The 2018 Farm Bill removed “industrial hemp” (cannabis sativa L. plant and derivatives with ≤ 0.3% delta-9 THC) from the Controlled Substances Act.
As a result, hemp-derived CBD or other extracts with ≤ 0.3% THC might be legally permissible to bring in carry-on or checked bags under TSA screening—so long as they are in compliance with labeling, origin, and federal law.
Still, state, local, airport, and foreign laws may impose stricter rules than federal. Being “technically legal” at the federal level doesn’t guarantee protection from local enforcement.
Practical take-aways
- Do not bring THC-rich cannabis (flower, edibles, concentrates) onto an airplane—even if you are a legal medical patient in your origin state.
- If you are carrying hemp-derived CBD (≤ 0.3% THC), keep it in its original packaging and be aware of your destination’s rules.
- At the security checkpoint you’re under federal jurisdiction. The moment you pass TSA screening, local/state cannabis legalization often becomes irrelevant.
- If you need cannabis for medical purposes, plan to obtain it legally at your destination (if permitted) instead of transporting it across state lines by air.
- For international travel: assume zero tolerance for cannabis possession unless you have thoroughly verified destination country laws and regulations.
The intersection of cannabis legalization and air travel is stuck between evolving state laws and steadfast federal regulation. Until federal law itself changes, medical marijuana patients and recreational users alike must treat flying with cannabis as a serious legal risk—not a gray area.
This article is for informational purposes only and does not constitute legal advice.