So you’re headed out of state on a vacation and want to take some marijuana with you, the first question you might have; is it legal? The answer is NO.
The Federal Aviation Administration (FAA) has a strict drug policy that follows Federal Government laws regarding all illegal drugs, yes marijuana is still illegalaccording the Feds. Since all air travel is regulated by a federal agency, marijuana still falls on the no-fly list. In fact, Justin Bieber has been the subject of a FAA investigation into his in-flight marijuana use on a private plane. No charges were filed, but this shows you how seriously the FAA takes in-flight drug use, even on private airplanes.
TSA and Drugs
TSA sees no difference in medical or recreational pot, but takes an interesting stance on the subject; “TSA security officers do not search for marijuana or other drugs. In the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.” In fact, TSA K-9 teams are not trained to find marijuana, only explosives.
Airport Rules
Denver International Airport (DIA) has taken its own approach by banning marijuana on the premises and imposing a fine of up to $999 for a 3rd offense. This approach seems to be more of a deterrent than anything; there have been no pot fines issued to date.
Seattle-Tacoma International Airport (SEA) has a different approach because of the way cannabis laws are set up Washington. Unlike, Colorado, Washington doesn’t allow the owners of large public buildings (like airports), assembly halls, or stadiums to ban marijuana possession. That means, if you are carrying a legal amount and are 21 years old, they will allow you to take marijuana with you.
What about flying from Colorado to Washington? Both states have legal pot!
The answer is still no, but this is a pretty grey area.
While the Federal Government has made it clear they will pursue anyone who tries to take marijuana across state lines where the destination doesn’t allow legal pot use, they haven’t said much about traveling from pot-friendly state to pot-friendly state. As a general rule, state laws will apply wherever you go and if the state you’re going to isn’t pot friendly, you risk being arrested for trafficking. You might also get hit with a fine, for instance, if you get caught at DIA. TSA in Aspen, Colorado was surprised to find a large amount of edible marijuana products in baggage earlier this year. The local Sheriff’s office did not press charges because the passengers were not breaking state law.
There are some states that honor out-of-state medical marijuana licenses. Arizona, Delaware, Maine, Montana, and Rhode Island allow some form of reciprocity for Colorado medical patients. Ironically, Colorado doesn’t offer reciprocity for out-of-state medical patients.
It’s not a good idea to bring marijuana on an airplane. It might be possible, but federal regulations will trump state laws if you get caught transporting any drugs across state lines; this one is a no-brainer. We suggest not doing it. Smoke a joint or two in states where it’s legal, but understand the risk of taking any marijuana on a plane. Can I Take Marijuana on a Plane?
So you’re headed out of state on a vacation and want to take some marijuana with you; the first question you might have is: is it legal? The answer is NO.
The Federal Aviation Administration (FAA) has a strict drug policy that follows Federal Government laws regarding all illegal drugs, yes marijuana is still illegal, according the Feds. Since a federal agency regulates all air travel, marijuana still falls on the no-fly list. In fact, Justin Bieber has been the subject of a FAA investigation into his in-flight marijuana use on a private plane. No charges were filed, but this shows you how seriously the FAA takes in-flight drug use, even on private airplanes.
TSA and Drugs
TSA sees no difference in medical or recreational pot, but takes an interesting stance on the subject; “TSA security officers do not search for marijuana or other drugs. In the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.” In fact, TSA K-9 teams are not trained to find marijuana, only explosives.
Airport Rules
Denver International Airport (DIA) has taken its own approach by banning marijuana on the premises and imposing a fine of up to $999 for a 3rd offense. This approach seems to be more of a deterrent than anything; no pot fines have been issued to date.
Seattle-Tacoma International Airport (SEA) has a different approach because of the way cannabis laws are set up in Washington. Unlike Colorado, Washington doesn’t allow the owners of large public buildings (like airports), assembly halls, or stadiums to ban marijuana possession. That means, if you are carrying a legal amount and are 21 years old, they will allow you to take marijuana with you.
What about flying from Colorado to Washington? Both states have legal pot!
The answer is still NO, but this is a pretty grey area.
While the Federal Government has made it clear they will pursue anyone who tries to take marijuana across state lines where the destination doesn’t allow legal pot use, they haven’t said much about traveling from pot-friendly state to pot-friendly state. As a general rule, state laws will apply wherever you go, and if the state you’re going to isn’t pot-friendly, you risk being arrested for trafficking. You might also get hit with a fine, for instance, if you get caught at DIA. TSA in Aspen, Colorado was surprised to find a large amount of edible marijuana products in baggage earlier this year. The local Sheriff’s office did not press charges because the passengers were not breaking state law.
Some states honor out-of-state medical marijuana licenses. Arizona, Delaware, Maine, Montana, and Rhode Island allow some form of reciprocity for Colorado medical patients. Ironically, Colorado doesn’t offer reciprocity for out-of-state medical patients.
It’s not a good idea to bring marijuana on an airplane. It might be possible, but federal regulations will trump state laws if you get caught transporting any drugs across state lines; this one is a no-brainer. We suggest not doing it. Smoke a joint or two in states where it’s legal, but understand the risk of taking any marijuana on a plane.
Conclusion
The intersection of marijuana and air travel remains a complex and legally ambiguous landscape. The Federal Aviation Administration’s stringent adherence to federal laws renders marijuana, despite its legal status in certain states, strictly prohibited on flights. The case of Justin Bieber serves as a stark reminder of the FAA’s uncompromising stance on in-flight drug use, emphasizing the potential consequences even for high-profile individuals. The Transportation Security Administration (TSA), while not actively searching for marijuana, defers to law enforcement if any suspicious substances are detected during security screening. The varying approaches of airports like Denver International and Seattle-Tacoma highlight the lack of uniformity in dealing with marijuana possession on airport premises, further contributing to the overall confusion surrounding the issue.
Moreover, navigating the legal landscape when flying between pot-friendly states adds another layer of complexity. While federal authorities have been vocal about pursuing individuals attempting to transport marijuana across state lines where it remains illegal, the lack of clarity regarding travel between states with legal pot use introduces a gray area. The potential for arrest and legal consequences underscores the importance of understanding and respecting the laws of both the departure and destination states. In light of these complexities and risks, the consensus remains clear: despite the temptation, bringing marijuana on an airplane is not advisable, given the prevailing federal regulations that override state laws, making it a venture fraught with legal peril.
Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.