A few months back, I found myself in a state where marijuana is legal, and a generous friend gifted me a sizable bottle of delightful edible mints. These little treats not only tasted great but also helped alleviate my anxiety. However, there were a couple of issues: one, the mints resembled tiny cannabis leaves; two, I was set to fly from a legal state to a non-legal one. While I knew the chances of being caught were slim, I certainly didn’t want a drug conviction on my record.
Regretfully, I handed the candies to my friends before boarding the plane. It was a straightforward decision: traveling from a marijuana-legal state to one where it isn’t legal posed a clear risk of possession charges.
What complicates matters is the common misconception that flying between states where weed is legal is fine. Many people assume that if both your departure and arrival locations have legalized marijuana, you’re in the clear. Not quite.
Understanding the Legal Landscape
Here’s the catch: despite medical marijuana laws in 46 states and the District of Columbia, cannabis remains illegal under federal law. Nine states have legalized it for recreational use, including Colorado, Washington, and California. However, the federal government treats marijuana the same as other controlled substances like cocaine and heroin under the Controlled Substance Act. This means cannabis is categorized as a Schedule 1 Drug, seen as highly addictive and without recognized medicinal value.
And guess who oversees all activities past airport security? That’s right—the feds. So, even if you legally purchased your edibles in, say, Oregon, once you pass through security, those same items become illegal. As noted by USA Today, bringing legally acquired marijuana through a security checkpoint can still lead to a law enforcement response.
The TSA’s Role
While the TSA focuses on finding threats like bombs and guns, if they discover your cannabis, they are required to notify airport security. This could lead to a range of outcomes from embarrassment to missing your flight or worse, facing legal consequences.
TSA spokesperson Lorie Dankers clarified, “The response to marijuana discovery is the same at every airport, irrespective of state laws.” Responses from airport police can vary dramatically. For instance, LaGuardia Airport has a hands-off approach towards marijuana possession, while in Nevada, Las Vegas’s airport is stricter, recently introducing amnesty boxes for those who inadvertently bring cannabis onto the premises.
Best Practices for Travelers
Even if you’re flying from a legal state like Oregon or Washington to California, it’s best to leave your weed behind. Instead, consider purchasing it once you arrive at your destination. The risk simply isn’t worth it. Until federal laws change, which we hope will happen soon, it’s safer to err on the side of caution.
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Summary
Flying with marijuana, even between legal states, is a risky endeavor due to federal laws that still classify cannabis as illegal. The TSA’s policies mean you could face legal issues if caught, regardless of state regulations. It’s wise to leave any marijuana at home, minimizing the chance of complications during your travel.
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