Navigating the Complex Legality of Carrying Marijuana on U.S. Flights
Amid the ever-changing landscape of marijuana laws in the United States, the rules around carrying cannabis on planes present a complex puzzle. This complexity stems from the intersection of state and federal laws. As it stands, 21 states along with Washington, D.C., have green-lit recreational marijuana use for adults over 21. Further, 37 states and D.C. have operational medical marijuana programs. However, on the federal front, marijuana remains staunchly illegal.
Marijuana: A Schedule I Substance
Federal law brackets marijuana as a Schedule I substance. This category is reserved for substances deemed to have no accepted medical use and a high potential for abuse. This puts marijuana in the company of hardcore drugs such as heroin and LSD. The implications of this classification are far-reaching, especially in the context of air travel.
The TSA’s Stance
The Transportation Security Administration (TSA) has stated that medical marijuana products with no more than 0.3 percent THC on a dry weight basis, or those approved by the FDA, are permissible in both carry-on and checked bags. But it’s crucial to note that the TSA’s primary focus is on potential threats to aviation, such as weapons and explosives—not actively searching for marijuana. However, if TSA agents do stumble upon marijuana during their checks, they cannot arrest travelers. What they can do is notify local police, who then act according to local laws.
When Does the DEA Step in?
The Drug Enforcement Administration (DEA) gets involved only when the quantity of marijuana found exceeds what would be considered for personal use, or if there’s suspicion of intent to sell. To facilitate travelers who might need to discard marijuana before flights, some airports have set up amnesty boxes. For instance, Chicago’s O’Hare and Midway International Airports, where cannabis products are legal for personal use and residents can possess up to 30 grams.
For travelers wishing to fly with cannabis, navigating this patchwork of state and federal regulations can be a complex legal matter. Furthermore, a new study from the University of Colorado Boulder suggests that consuming recreational marijuana before a workout can increase motivation but not performance. Interestingly, the NCAA has recently recommended removing cannabis from its list of banned substances.
On another note, federal law still prevails when it comes to drug testing for federal employees and contractors, even in California, where the law prohibits employers from discriminating against off-duty cannabis use. This highlights another layer of complexity in the evolving relationship between state and federal laws concerning marijuana use.