We get asked “Can I fly or travel with weed,” about once a week. And, if you’re confused, don’t fret. We were once right there with you. Legally traveling with cannabis is a lot of “huh?” Fluctuating laws and lack of consistency make it a moving target that’s frustrating to navigate, especially when all you want to do is take your cannabis where you’re going and just enjoy it. Who wouldn’t want CBD bath bombs for the Joshua Tree hot tub soak under the stars? Or a mood-lifting edible to make it through Uncle Larry’s family gathering in Jersey?

But just like smoking cigarettes indoors, or driving with an open container, there are legal limitations and it’s important to respect those. We consulted with attorney Michelle Mabugat of Manzuri Law to come up with the important precautions to know if you plan on bringing cannabis on your next trip.

Cannabis Legality By State

To start, here is a map to reference for the legal status of each of the states:

Flying with CBD

Hemp CBD or Cannabis CBD?

Let’s get the easy part out of the way first. CBD is a cannabinoid that can be extracted from two places – the flowering cannabis plant and non-flowering hemp. When CBD is sourced from non-flowering hemp, there’s no risk of “contamination” of THC, the federally illegal cannabinoid, because THC is actually found in the flower of the cannabis plant (hence, the slang terms “flower,” “bud”).  And now, with the passage of the 2018 Farm Bill in December 2018, hemp is no longer considered an illegal “controlled substance” under federal law. Therefore, hemp-derived CBD products containing less than 0.3 percent THC are treated differently than cannabis under both state and federal laws.

So, if hemp is now federally legal, you should have nothing to worry about when traveling with hemp-derived CBD products, right?

Well, it’s tricky.   Under TSA’s “What Can I Bring?” answer program that lets passengers ask about items that may or may not be allowed on planes, its current advice states that “Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA.”

The question for travelers then becomes – Does your CBD oil conform with federal law? The short answer: Probably not.  Last year, the FDA approved CBD as an active ingredient in Epidiolex, a drug used to treat certain types of seizures.  Unfortunately, because CBD was approved as a drug, the FDA has taken the position that any dietary supplements or food products containing CBD violate federal law. .

An equally important question though is – Will TSA officers be able to differentiate between legal CBD products and illegal CBD products?  Highly unlikely.  The legality of CBD products is hotly debated by legal scholars across the country so it is unlikely that a TSA officer would be able to tell the difference between a legal vs. illegal CBD product. Also, from an enforcement perspective, it’s impossible for any layperson (including a TSA officer) to know what products are compliant because there is no uniform packaging or labeling rules that indicate legality for hemp-derived products.

In short, there’s very low risk associated with traveling with CBD products.  If you want to play it super safe though, stick to traveling with CBD cosmetics or topicals.  Although the FDA has warned that ingestible CBD products are illegal, the FDA has interestingly not said anything similar about cosmetic or topical products containing CBD.

There’s very low risk associated with traveling with CBD products.  If you want to play it super safe though, stick to traveling with CBD cosmetics or topicals

Flying with Cannabis

Cannabis may currently be legal in some form in 38 states across the country, but it is still federally illegal. And since airports are federally regulated, federal laws apply. Therefore, it doesn’t really matter if your originating or destination airport is in a state that is cannabis-legal, cannabis remains illegal at airports.

However, the TSA is focused on terrorism and security threats to the aircraft and its passengers. They’re looking for threats like bombs, weapons, and potentially dangerous liquids, so they’re not actively searching your bags for cannabis. Catching our drift?

Exercise caution, but if you’re planning to fly with it, pack it discreetly in your carry-on. Why? Because the likelihood of your carry-on being searched, as long as you’re not trying to pack something blatantly banned like a lighter, a bottle of wine, or aerosol spray paint can, is slimmer than a checked bag. Or, if the reason for taking cannabis with you is from flying anxiety, take an edible before arriving at the airport.

If you’re caught with cannabis, the TSA will call local law enforcement and you’ll likely be given options to either throw it out or hand it off to a friend who isn’t flying. They won’t be calling the FBI or DEA so you can get those heart-thumping “put your hands where I can see them” drug bust hallucinations out of your head. In some cities like Denver and Las Vegas, airports have “amnesty boxes” where travelers can dispose of their cannabis without fear of any persecution. Your chances of facing legal repercussions are slim to none (so long as you’re not breaking local laws, such as carrying more than the maximum state-permitted amount of cannabis).

TSA is focused on terrorism and security threats to the aircraft and its passengers. They’re looking for threats like bombs, weapons, and potentially dangerous liquids, so they’re not actively searching your bags for cannabis.

Driving with Cannabis 

Laws for driving with cannabis in legal cannabis states are evolving, and—no surprise here—complicated. They also vary state-by-state.

When traveling within a legal state, the first and foremost precaution is to carry and transport only up to your maximum legal state-permitted amount of cannabis. For example, in Oregon it is one ounce of cannabis per adult. In Washington, DC, it is two ounces, and in Maine, adults are allowed to transport up to 2.5 ounces. It’s important to know the state’s laws. Next, make sure you are storing it properly in the car. Think of it like alcohol. Don’t drive with an open container in the front or passenger area of the car. Leave the container sealed and keep it in the trunk until you get to your destination.

When you’re crossing state lines, you fall within federal jurisdiction, so it is illegal. It is also illegal to drive it out of the country