Can you fly with weed? Everything you should know ahead of 4/20

08.04.2024 - 20:13 / thepointsguy.com

As of February 2024, recreational weed is legal in 24 states; there are 38 states (plus Washington, D.C., and three territories) that allow marijuana possession for medical purposes, with 14 of those states limiting it to medical use only, per the Pew Research Center. Additionally, three states have marijuana legislation on the election docket this year.

Although these states have implemented legislation for their residents and visitors, marijuana still remains a federal offense as an illegal controlled substance, punishable by one year in jail and a $1,000 fine. This makes navigating the rules confusing when traveling from a state where marijuana is legally allowed to one where it's not.

Here's what you need to know about whether or not you can fly with weed, medical and otherwise.

Aligning with federal law, U.S. Customs and Border Protection still explicitly prohibits the importation of any amount of marijuana when entering the U.S. via land, such as by car.

"As some states have decriminalized the use and possession of marijuana, it is important that members of the traveling public clearly understand that federal law still prohibits the importation of any amount of this drug," CBP El Paso director of field operations Hector Mancha said in a statement. "Do not cross the border with any amount of marijuana at all."

However, when traveling domestically to states where pot is permitted, the Transportation Security Administration allows products containing up to 0.3% or less of tetrahydrocannabinol, or THC.

"Transportation Security Officers are not law enforcement, but they are obligated to contact local law enforcement if it appears as though a passenger is in possession of a criminally banned item," a TSA spokesperson said.

Should the TSA refer you to local police, discretion is up to local governing bodies to pursue legal action.

Some airports, including Chicago's O'Hare International Airport (ORD), provide travelers with cannabis amnesty boxes where they can toss their weed before going through security checkpoints.

Others, including Los Angeles International Airport (LAX), release any jurisdiction to arrest individuals if complying with state marijuana laws.

"[Los Angeles Airport Police Division] officers, who are California Peace Officers, have no jurisdiction to arrest individuals if they are complying with state law," the airport's marijuana policy reads. "However, airport guests should be aware that TSA screening stations are under federal jurisdiction."

The same rules apply to traveling with medical marijuana.

"Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law," as noted by the TSA. This excludes products with less than 0.3%