Millions of Americans are preparing their holiday travel itineraries. While exciting, travel can bring up some important questions: Who will water my plants? What should I do with the groceries about to expire? Can I bring my weed with me for the annual cousins’ walk?
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The last question is becoming increasingly more relevant as cannabis is legalized throughout the country. But what does the law say about traveling with weed?
Flying with weed – tread lightly
At this point, cannabis is a Schedule I controlled substance. This means it’s illegal on the federal level. Technically, it’s against the law to transport cannabis purchased legally from one state to another, even if the state you’re going to also has legal weed. When you’re in the air, you’re in the federal government’s jurisdiction.
However, the chances of encountering problems at the airport are somewhat low. The federal Transportation and Safety Administration (TSA), also known as the folks in the blue shirts scanning your bags and telling you what line to stand in at security, have repeatedly said they are not searching for marijuana during their screenings.
If weed is found while investigating something else they deem suspicious, it’s up to the agent’s discretion whether they report it to local law enforcement. At that point, the cops can decide if they want to take action.
The TSA allows people to travel with hemp products containing less than 0.3 percent THC. The agency’s website also says you can pack medical marijuana with “special instructions.” However, they fail to indicate just what those instructions are.
Some communities are issuing blanket policies regarding cannabis possession at the airport. For example, officials in New York said they won’t bust people for having less than the legal limit of three ounces of bud at airports. The attitude is par for the course, especially in states with adult-use cannabis.
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Some airports have installed so-called cannabis amnesty boxes, encouraging travelers to dump their weed before jumping on the plane. The idea is to place any leftover cannabis inside the box to remain compliant in the air. The vast majority of them are located post-screening, but the jury’s still out on whether people actually use them.
What about driving with weed?
As previously stated, it’s technically illegal to travel across state lines with weed. If you decide to take your gummies or pre-rolls with you to grandma’s house three states away, you assume the risk.
Attorneys will often advise the safest place to put cannabis is in an airtight, smell-proof container in your trunk. In fact, many states with legal weed often require it. Having an opened bag of weed in your car could be akin to driving with an open beer and could get you a ticket—or worse, depending on where you are. Additionally, policies vary from state to state regarding the smell of cannabis—in some places, cops cannot use smell alone to justify the search of a vehicle.
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If you do get pulled over with cannabis in the car, stay calm. Remember, you do not have to consent to a search. The viral Pot Brothers at Law have a four-line script they advise people to stick to when interacting with the police, most of which centers around keeping quiet (yet polite).
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The truth is that rules around weed are constantly changing, so it’s important to check local and federal laws every time you travel. At the time of this article’s writing, cannabis is still illegal on the federal level. Therefore, if you’re hoping to catch a buzz this holiday season, the best practice is to seek out products once you reach your final destination.
