Traveling with legal marijuana

Found in every airport in any state with recreational marijuana laws:

Let that be your guide.

I’m going to agree with the people who say it is a bad idea.

There’s two separate issues here.

  1. Can you take legal marijuana on domestic flights? The short answer is no, the longer answer is… ehhh. TSA isn’t going to take the time to check if your destination allows it, but as has been mentioned, they’re largely not going to care. If they find it, they what, call the airport police over? And then the airport police are going to do nothing, because it’s legal where you are. So I can’t imagine them doing anything. But it could potentially be a hassle.

  2. Is your legally purchased Ohio weed legal in Texas? The answer is a strong no. Few states have medical marijuana reciprocity, and Texas and Ohio aren’t amongst them. Texas will only allow you to pick up medical marijuana if you’re a) a Texas resident, and b) have a prescription in their CUP database.

Ergo, getting the weed to TX might not be a problem; getting caught with it in TX would be a big problem.

I’ve taken vape pens with the carts attached on airline flights, I’ve even charged them at the charging stations in the terminals.

I’ve never been aware of any requirement to unscrew the cart from the the pen. And I will always, upon checking in, say something like “I have a vape pen with me. That goes in my carry-on, right?”

They’ve always said yes, and never mentioned that I needed to remove the cart.

Aviation is Federal territory, as are airports, which are under Federal laws and regulations. Even small airports. Even if pot is legal in a state I’m pretty sure the TSA and the Feds will say their rules over rule the state rules.

I don’t recommend it.

Although you probably have good odds of getting it through if it looks like just another vape cartridge and you behave yourself so you don’t give the TSA incentive to look and you and your stuff more closely.

Yes, but the TSA is not tasked with enforcing the controlled substances act. They could call the FBI but they FBI isn’t going to bother.

This is a case of, yes, it’s absolutely 100% illegal at the federal level and the TSA could do something about it, but they also will (almost) absolutely not do anything about it.

Unless you’re being a dick, in which case they’ll just add that to the list of charges.

DEFINITELY don’t try if it you are flying to Russia (not that I expect that is or will be possible for some time going forward).

When I flew a few weeks ago, I saw a dog in the TSA area, and it was clearly working (as apposed to flying). I don’t know whether it was sniffing for weapons or for drugs, but it certainly MIGHT have been sniffing for drugs. Traveler beware.

That pretty much sums it up. How lucky do you feel? How much is that buzz worth to you?

As I mentioned upthread, I saw a situation where a person tried to fly from Colorado to Texas with a suitcase full of cannabis flower. I was involved as an attorney, so I had access to the body cameras of the arresting officer.

The defendant had checked his contraband as luggage. In the bowels of the airport, I saw a TSA agent almost sheepishly apologize to the officer, explaining “It seemed like more than personal use.”

The officer (joined by two others) then removed the passenger from the plane (where he had recently boarded with just a backpack), asked him to confirm that the suitcase was his, and then arrested him.

That’s just one anecdote, of course. YMMV.

Was he charged under Colorado or federal law?

Colorado law, as I recall. It was a few years ago.

Right, so that’s different. We’re talking about someone bringing an amount of weed that’s legal under local law, so TSA can’t refer it to local police. They’d have to call the feds.

Good point.

(Tangentially, I was on a case where a bunch of young kids went on a party cruise. When they returned to port, after having ventured into international waters, the LSD the police found did constitute a federal offense, since it was being “imported” into the United States)