By Stefan Sykes and Leslie Josephs -
CNBC
As weed becomes legal in more states, the possibility of travelers taking their stash on board remains a mystery.
Twenty-one states and Washington DC have legalized recreational use for adults 21 and older, and 37 states and Washington DC have medical marijuana programs.
But marijuana is still illegal under federal law.
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This leaves travelers seeking to travel with the substance on domestic flights facing a patchwork of conflicting state and federal laws.
Traveling between states where marijuana is legal in both origin and destination states may seem straightforward, but with overlapping jurisdictions and difficult-to-enforce guidelines, things get complicated.
Can I fly with marijuana?
Technically no.
Under federal law, the possession and sale of marijuana is illegal.
Despite President Joe Biden's recent pardons for anyone convicted of a federal crime for simple possession and his directive to review how marijuana is classified under federal law, marijuana is still classified as a Schedule I substance. .
According to the Drug Enforcement Administration (DEA), Schedule I substances have no accepted medical use and have a high potential for abuse.
That also includes drugs like heroin and LSD.
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And while airports are locally owned and operated, air travel is still subject to federal law.
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“Most people are under the impression that it is acceptable to travel with cannabis since it is legal in California, however they are not aware of the travel restrictions,” said Karla Rodriguez, a police captain at Los Angeles World Airports, which operates Los Angeles International Airport.
“In addition, passengers should be aware of the legality of cannabis in other states or countries,” she added.
Most of the arrests involve "passengers taking an amount that is more than what is considered personal use."
What about medical marijuana?
That changes things.
The Transportation Security Administration (TSA) has stated that medical marijuana products that “contain no more than 0.3% THC [the main psychoactive constituent of cannabis] by dry weight or are approved for by the FDA” are allowed in both carry-on and checked baggage.
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TSA agents probably wouldn't ask to see a medical marijuana card unless the traveler was carrying a larger amount or was traveling through a jurisdiction where marijuana was outright illegal, an agency spokesperson said.
Okay, but will the TSA search me?
The TSA says it does not actively search for marijuana, but instead focuses screening procedures on "potential threats to aviation and passengers," such as weapons and explosives.
“TSA looks for anything illegal, but they're not law enforcement,” recalled William Kroger, an attorney who has represented clients detained for marijuana at airports.
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Kroger says that if agents find marijuana in a passenger's luggage, the TSA does not have the power to arrest the travelers.
However, you can call the local police.
Some local police officials told Noticias Telemundo's sister network CNBC that they would follow local laws in that situation.
The DEA could be alerted by local police if the amount of marijuana exceeds personal use or agents have reason to suspect that the traveler intends to sell marijuana.
What happens if the TSA finds me marijuana?
Although the TSA does not actively search for marijuana or other illicit drugs at the federal level, if it finds an amount that exceeds local limits, which vary widely for both weed and THC-containing edibles, it will alert local authorities.
Some airports offer amnesty boxes for travelers to dispose of their weed before they travel.
There are 12 at Chicago O'Hare International Airport and one at Midway International Airport, according to the Chicago Department of Aviation.
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Cannabis products are legal for personal use in Illinois as of January 1, 2020, and residents may possess up to 30 grams, or about one ounce, of cannabis flower.
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"When the amnesty boxes are emptied and there are items in them, the agents will prepare a report, inventory the cannabis or cannabis-derived products and dispose of them in a similar way to narcotics," he said in a statement. a spokesperson for the Chicago Police Department.
In New York and New Jersey, airport police enforce the laws of those states, said a spokesman for the Port Authority of New York and New Jersey, which oversees the area's largest airports.
New York and New Jersey legalized marijuana for recreational use in 2021.
Travelers at Denver International Airport can return their marijuana to their vehicle or pass it on to someone not traveling if it is no more than two ounces, according to the Denver Police Department.
Colorado legalized recreational marijuana in 2014.
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They can also hand it over to police officers where it will be “sent to be destroyed and not returned to them,” said Jay Casillas with the Denver Police Department.
“Anything over two ounces will warrant an investigation where they can be arrested and face charges,” he noted.
However, the severity of the penalty largely depends on the jurisdiction, said Kroger, the defense attorney.
In states with tougher marijuana laws, “you could face serious jail or prison terms,” he said.
Can I fly high?
Airline contracts of carriage, the document that lists policies for everything from overbooked flights to lost baggage, state that intoxicated travelers cannot fly.
In a practice similar to denying boarding a passenger who attempts to board barefoot, airlines may refuse to allow a customer to board the plane if, according to Delta's rules, for example, "the passenger's conduct is disorderly, abusive, or violent, or the passenger appears to be intoxicated or under the influence of drugs.
And on international trips?
Not again.
Marijuana regulations vary around the world, but it is still prohibited in many countries, and while many prison sentences for bringing weed abroad are for large amounts, even smaller amounts can carry hefty fines or harsher penalties. .