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Is it legal to Fly with Cannabis?

Flying with cannabis

While medical cannabis is legal in most states (whether medically or for adult use), cannabis is still considered an illegal Schedule I substance at the federal level. This means that you cannot under any circumstances be in possession of cannabis when on board an aircraft, even if you have your medical cannabis card with you.

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These days, the TSA is fairly lenient at many airports when it comes to cannabis. They are looking more for items that may put passengers at risk, like firearms, not cannabis, and do not have the authority to arrest or fine you for it,” said J. D. Lauritzen, WholesomeCo’s head of legal, compliance and government affairs. “That being said, if they do find any in your luggage or on your person, they will be obligated to inform the local authorities, who have the authority to charge you for a crime.”

International air travel with cannabis 

If flying across the United States is precarious, then taking an international flight with your personal stash in tow is even more so. There are a couple of reasons for this. If you’re taking off from a U.S. airport, then you run again into the illegality of cannabis in federal airspace. Once you land, then you are under the jurisdiction of that country and its laws.

Each country has its own laws regarding cannabis. For example, cannabis is legal in Spain, but flying with cannabis in that country is illegal and can lead to a multi-year prison sentence.

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It’s important to remember that, although cannabis legalization has made great strides in recent times, there are a number of states where it remains entirely illegal like Wyoming and Idaho.

“While there are legislative movements on both the federal and state levels to lower the harsh penalties for cannabis-related infringements, at the moment these penalties are still severe,” Lauritzen said. “Most cannabis-related crimes in Utah and in many other states are considered Class B misdemeanors, which may result in a $1,000 fine and six months in prison for the illegal possession/use of cannabis. The penalties for medical cannabis cardholders that violate the law may be less severe in certain instances, however.”

Is it legal to Fly with Cannabis?

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