"As a practical matter, prosecutors have far more important things to do than prosecute people for carrying gummies onto planes."
Despite the legalization of marijuana in various states across the U.S., bringing weed gummies on a plane remains a legal gray area. While the likelihood of facing arrest for having these in your luggage is low, understanding the nuances of federal and state laws is crucial for travelers.
Air travel within the United States falls under federal jurisdiction, which means airports and airplanes adhere to federal marijuana laws.
According to these laws, possessing marijuana products containing more than 0.3 percent THC on a dry weight basis is illegal, making it prohibited to fly with such items. "Even if it's for medical purposes, it's still federally illegal," explains John McGowan, a managing partner at the cannabis law firm Kinner & McGowan in Washington, D.C.
Cannabis products with less than 0.3 percent THC are classified as hemp. Therefore, if your cannabis gummies are essentially CBD gummies with a minimal THC content, you would technically be allowed to pack them for your flight.
However, the primary focus of airport security is not to seek out your weed gummies. According to Lisa Farbstein, a spokesperson for the Transportation Security Administration (TSA), officers are trained to detect potential threats to aviation and not to look for illegal drugs.
Suppose a TSA officer does find cannabis products during the screening process. In that case, they may confiscate the items, request that you dispose of them in a cannabis amnesty box, or refer the situation to law enforcement.
The latter is more likely if a large quantity of marijuana is discovered, if you are in a state where marijuana is illegal, or if the cannabis is found alongside other concerning items such as large amounts of cash or weapons.
Dr. Mikhail Kogan, author of "Medical Marijuana" and medical director of the GW Center for Integrative Medicine, notes that his patients have occasionally been stopped at airports for carrying medical marijuana products.
However, these incidents were usually due to the products being in liquid form exceeding TSA's carry-on liquid limits rather than the THC content. He has yet to have a patient stopped for carrying weed gummies.
International travel presents a different set of challenges. Dr. Kogan warns that attempting to bring cannabis overseas significantly increases the risk of severe legal consequences.
He references the case of American basketball player Brittney Griner, who was detained in Russia for carrying small amounts of cannabis oil and subsequently imprisoned for over nine months.
Should you be arrested for possessing edibles at a U.S. airport, it is unlikely that prosecutors would prioritize such cases.
Washington aviation attorney Mark Lindquist emphasizes, "As a practical matter, prosecutors have far more important things to do than prosecute people for carrying gummies onto planes. These cases are generally not pursued."
Nonetheless, he cautions that bringing an illegal substance onto a plane could still result in a significant inconvenience.
The legal landscape could shift if the United States reclassifies marijuana as a lower-risk drug.
Attorney General Merrick Garland has suggested such a reclassification, which would treat cannabis more like prescription medications such as codeine. However, Dr. Kogan does not foresee this change happening imminently, remarking, "Your guess is as good as mine."
In the interim, it's important to remember that bringing cannabis gummies onto planes is prohibited. Moreover, it's crucial to avoid excessive consumption before your flight.
As Lindquist notes, "Under Section 121.575 of the Federal Aviation Regulations, the airline should not allow a person to board 'if that person appears intoxicated.' Usually, this means drunk, but it also means stoned."
As travelers navigate the evolving landscape of cannabis legalization, staying informed and cautious is essential to ensure a hassle-free journey.
