If cannabis use is legal in both your state and the state (or country) you're flying to, it's okay to bring some with you on your air travel, right? Well, not exactly.
Is it legal or illegal? That's complicated. For some very specific flights between jurisdictions and airports that have legalized marijuana possession, it's okay to bring a legal amount of cannabis products with you. Those are few and far between. Otherwise, you're taking a chance.
Weeding Out the Troublemakers
Let's get the obvious stated up front — as of April 2025, cannabis is still classified as a Schedule I drug under federal law in the Controlled Substances Act (CSA). The Biden administration had empowered a committee for the rescheduling of cannabis, but the Trump administration has not made its plans clear.
Despite federal law, many states allow the possession and use of cannabis. As of April 2025, 24 states permitted medical and recreational use, another 15 allowed medical use only, and seven states have decriminalized possession of small amounts. However, even in states where it is legal, cannabis possession is illegal on any federal land. Anything with over 0.3% THC falls under Schedule I. This includes cannabidiol (CBD) items such as cookies or infused drinks.
Federal drug trafficking charges are enforced by the Drug Enforcement Agency (DEA) and are serious and severe. Possession of a single plant in a federal jurisdiction is a felony with at least five years in prison and a fine of up to $250,000 for a first offense. Federal lands do not fall under the jurisdiction of state law.
It's a common perception that airports are considered federal territory, but that's not always the case. Many airports are privately owned, but if they receive grants from the federal government they have obligations that might cause them to be more vigilant about cannabis on the premises.
The Transportation Security Administration (TSA) is the federal agency in charge of airport security. As anyone who has taken an airplane to travel knows, TSA officers act as airport police and man the security screening checkpoints all passengers must go through before being allowed on a plane.
That being said, TSA security officers are generally focused on security and threats, not marijuana. TSA agents are not actively searching for cannabis and will not perform a specific search through a passenger's carry-on bags to find any. However, if they spot an illicit substance such as edibles or illegal drugs during passage through their security checkpoint they can alert a local law enforcement officer. Whether or not they do so will likely depend on the marijuana laws of the state you're in.
If you're determined to carry cannabis on your flight, at least you won't have to worry about a dog ratting you out. The legalization of cannabis in so many states has led to canines no longer being trained to react to the smell of pot.
Okay, So We're Doing This
If you're thinking about taking cannabis with you on a flight, doing research first can make the difference between an uneventful flight and spending your vacation in a holding cell. Cannabis is permitted in certain airports in California and New York, so it's unlikely it'll be an issue as long as the amount possessed is within the legal limits of both locations. If your state requires a card for possession and purchase of cannabis, make sure to bring it with you if you're going to carry it.
Some airports, such as in Denver and Las Vegas, expressly forbid cannabis despite its use being legal in their respective states. It's also not a good idea to bring cannabis into a state where it's neither legal nor decriminalized, and by not a good idea we mean a very bad one.
Some airports have something called an "amnesty box," which is a container that potentially illegal items can be disposed into without fear of arrest. For example, someone who discovered a joint in their pocket while preparing to board a flight to Kansas, a state with draconian marijuana laws, could toss it in an amnesty bin with no fear of arrest.
Given that every airport and set of TSA agents will be different, flying with cannabis will carry some risk in most situations. Take the time to check out the regulations of the airports you'll be traveling through, the legality of cannabis in both the state you're leaving and the one you're going to, and make sure to abide by the possession limits in all locations you'll be in. If in doubt, you can call the airport. Also, if you're going to a state where it's legal, you can always just to make a stop after you land.
Related Resources
- What Is Aviation Law? (FindLaw's Learn About the Law)
- Transporting Marijuana: Laws and Regulations (FindLaw's Cannabis Law)
- Medical Marijuana Laws by State (FindLaw's Cannabis Business Laws and Info)
