Navigating the complexities of air travel is challenging enough, but what happens when you add marijuana into the mix? Whether it’s recreational or medical marijuana, understanding the rules and potential consequences is crucial. This guide aims to clarify the TSA’s stance on traveling with marijuana, the legal repercussions you might face, and what to do in specific scenarios.
What Happens if TSA Finds Weed in Your Checked Luggage?
Situation/Action
Outcome/Procedure
Confiscation
The TSA will most likely confiscate the marijuana.
Law Enforcement Referral
TSA officers will refer the matter to a local law enforcement officer.
Options Given
TSA may ask you to dispose of the marijuana in an amnesty box, take it to your car, or throw it away.
Airport Rules
Some airports prohibit marijuana possession and can impose fines.
DEA Notification
The DEA is almost never notified unless you possess large amounts or are underage.
TSA’s Policy on Medical Marijuana
Uniform Response: The TSA’s response is consistent across all states and airports.
Referral to Authorities: TSA will refer the matter to a law enforcement officer if marijuana is discovered.
Law Enforcement’s Discretion: Whether or not you can travel with medical marijuana is up to law enforcement.
Legal Consequences
Outcome
Description
Confiscation
Most likely, the TSA will confiscate the marijuana.
Fines
State laws and the amount of marijuana found can result in fines.
Criminal Charges
Possession of large amounts or being in an anti-cannabis state can lead to charges.
Loss of Global Entry
You could lose your Global Entry membership.
No Consequences
It’s possible, but not recommended, to get through without any issues.
Note: Possession of marijuana is illegal under federal law.
Guidelines for Different Forms of Medical Marijuana
Prescription Medical Marijuana
TSA Screening: TSA officers do not actively search for marijuana.
Law Enforcement Referral: Required if marijuana is found.
Permitted Types: Products with no more than 0.3% THC or FDA-approved are allowed in carry-on and checked bags.
Medical Marijuana in Edible Form
Same as Prescription: The guidelines are identical to general medical marijuana rules.
Medical Marijuana in Vape Form
Same as Prescription: The guidelines are identical to general medical marijuana rules.
Tips to Reduce Risk While Traveling with Marijuana
Tips for Reduced Risk
Explanation/Details
Discrete Transport
Choose forms like edibles or vapes that are less likely to be detected.
Check Laws and Regulations
Always check departure and arrival state and airport laws.
Be Aware of the Risks
Consequences vary based on amount, state laws, and law enforcement discretion.
What to Do if You Accidentally Bring Marijuana to the Airport: Guidelines for General Travellers and Medical Marijuana Card Holders
What to Do if You Accidentally Bring Marijuana to the Airport
If You Have a Medical Marijuana Card
Stay Calm: Panicking can attract attention.
Stay Calm and Cooperate: Follow TSA’s instructions.
Cooperate with TSA: Follow their instructions carefully.
Show Your Card: If asked, present your medical marijuana card.
Be Honest: Lying can worsen the situation.
Understand the Laws: Federal law still makes it illegal.
Options for Disposal: TSA may give options like amnesty boxes or taking it to your
Possible Confiscation: TSA may still confiscate the marijuana.
Navigating TSA Rules: Useful Resources to Know
Transportation Security Administration (TSA) Official Guidelines (https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana): There’s no better way to understand the rules than going directly to the source. TSA’s own website provides official information on what they look for during security screenings and how they handle illegal substances. It’s not the most user-friendly read, but it’s as accurate as you can get.
CDC (Centers for Disease Control and Prevention) Information on Marijuana (https://www.cdc.gov/marijuana/index.htm): The CDC’s section on marijuana can be quite enlightening, offering information on the medical risks and potential uses of marijuana, which is beneficial for those traveling with medical marijuana.
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