Got a vacation coming up? Well that's exciting! 

You know what goes great with a visit to the beach, the mountains, or your family's house for the holidays? Our edible cannabis products! 

How are you going to get them there though? Is it legal to fly with edibles? The answer is a little tricky, and it involves some nuance. To fully understand it, we have to take a look at the legality of cannabis overall.

Understanding the Legality of Cannabis Products

To get a clear picture of the legality of flying with cannabis, we need to understand a few terms. Specifically cannabis, hemp, and marijuana. 

Cannabis is the umbrella term for the plant itself. Evidence shows cannabis has been used by humans for medicinal and ceremonial purposes for millennia, but it wasn't until the early 20th century that negative perceptions of cannabis started to grow. That led to its de facto prohibition in the U.S. with the Marijuana Tax Act of 1937, leading to a decline in use and the stigmatization of users. There was a resurgence in its use in the 1950s, 60s, and 70s though, and today many states have fully legalized its use.

That said, at the federal level, "marijuana" remains prohibited. But with some states legalizing it and with pressure from the agricultural industry, the federal government sought to refine the differences between hemp — which they considered to be a beneficial product with numerous uses — and marijuana — which they consider to be a dangerous drug.

The difference between the two classifications is simple and defined by the 2018 Farm Bill. This bill states that anything under .03 percent THC — the psychoactive cannabinoid in the cannabis plant — by dry weight is hemp, which is perfectly legal, and anything above .03 percent is marijuana. By extension, anything derived from hemp is legal, whereas anything derived from marijuana is federally prohibited. The same goes for cannabis products. If it has less than .03 percent hemp-derived THC, it's perfectly fine to possess and consume. If it's more or if the THC was derived from marijuana, it's illegal.

Got it? Good. Now we can talk about flying with cannabis products.

Can I Fly with THC Products?

The long and short of it is this: If it's hemp-derived — like all of our products are — you're all good. Where you start running into problems is when you're buying and transporting marijuana products. The distinction might seem small, but it's a very important one in the eyes of the law. Since marijuana and its derivative products are legal in some states and illegal in others, transporting marijuana can be a little fraught. Best to stick to hemp-derived products that are clearly labeled as such so there's no question about its legality.

While this may seem plain and simple on paper, in practice, things can get a little wonky.

What Does the TSA Say?  

The Transportation Security Administration, or TSA for short, is a federal agency that has authority over the security of transportation systems within and connecting to the U.S. They're the ones that look at your luggage and walk you through the metal detectors and sometimes make you put your laptop in a bin and sometimes not. They're responsible for screening passengers for contraband and making sure dangerous materials don't end up on airplanes.

It's a pretty important job, and they've provided pretty clear guidance on what is acceptable and what isn't when it comes to flying with THC products. Since they're a federal agency, their guidance is essentially the same as the Farm Bill. Anything hemp-derived and under .03 percent THC by dry weight is A-OK. Anything more than that or anything marijuana-derived, and things get a little more complicated depending on jurisdiction.  

But they aren’t exactly looking for it, either. Here’s what their website says:

“TSA's screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”

So they're not exactly searching for it, but if they open up your duffel bag and it has a trash bag full of marijuana in it, you're likely going to need a lawyer and some bail money. If you have a little bag of edibles in your toiletry kit and they're hemp-derived, then you're totally fine.

What About Law Enforcement?

The TSA isn't actually a law enforcement body, and TSA officers do not have the authority to arrest you. That said, they can detain you and call in the police to haul you off to jail if you try to bring drugs on a plane. 

Law enforcement at the airport is another story. If you are transporting marijuana in a state where it’s illegal, you run a huge risk of being detected and arrested. Drug dogs can smell marijuana for miles — quite literally — and "I didn't know this was frowned upon" isn't going to do you much good. 

Overall, if you're in a state where it's legal, most airports have amnesty boxes where you can discard any marijuana you might have on you before you go through TSA. Remember that we're talking about marijuana here, not hemp-derived, federally legal products. You might have some trouble explaining to an officer that the edible in your vitamin jar is actually hemp-derived though, so you probably want to be as discreet as you can when traveling through the airport.    

Can I Fly with Marijuana from One Legal State to Another?

Technically, the answer is no. Since aviation is regulated by the federal government and marijuana is federally prohibited, you can't get on a plane with it, even if you're flying from one location where it's legal to another. Again, hemp-derived cannabis products are a different story and are totally legal to fly with. To that end, here are a few tips for flying with legal cannabis products without getting hassled.

How to Safely Fly With Cannabis

So like we said above, any product that is Farm Bill-compliant is perfectly fine to fly with. That means anything you purchase on this website can go right in your carry-on. That's pretty cool, but since there are a lot of gray areas regulating cannabis and its consumption, you still want to be a little cautious. There's no reason to flaunt it or go overboard with the amounts you're carrying. That said, here are a few tried and true tips for getting through security without any hassles.

Know the Laws

First, understand the cannabis laws in both your departure and destination locations. Some states have strict regulations, and possession may not be allowed even in a legal state. Also remember that certain levels of THC make cannabis illegal at the federal level in the U.S., and aviation is governed by federal bodies. Make sure the products you're traveling with are compliant.

Use Discretion When Packing

It's a good idea to choose airtight, smell-proof containers to minimize odor. This helps keep your products discreet and reduces the chances of having to explain anything to anyone. You might also consider putting your edibles in with your toiletries or with your vitamins. We do recommend keeping the original packaging though. This can help you prove that the products you're carrying are legal if it comes down to it. 

Traveling with Liquids

If you're carrying cannabis topicals, tinctures, or oils be mindful of liquid restrictions — typically 3.4 ounces or 100 ml. Keep these in a clear, resealable plastic bag. Edibles are a more discreet option though as they don't carry the same smell as flower products. Just be sure to keep them well-packaged.

Carry-On Luggage vs. Checked Bags

It sounds a little counterintuitive, but it's generally safer to keep cannabis products in your carry-on luggage rather than checked bags. This allows for easier access and may reduce the risk of loss. If a TSA agent finds cannabis products in your checked bag, they might just throw it away to avoid any potential problems.  

Be Prepared for Security

If your cannabis is discovered during a security check, remain calm and respectful. Be aware that TSA agents are required to report any illegal substances to law enforcement. Explain to them that the product is not illegal. That it is hemp-derived, and it is under .03 percent THC by dry weight. Do your best to remain calm and be respectful. If they call law enforcement, do the same with them. 

Be Ready to Toss It

Be prepared for the possibility that you may need to dispose of cannabis products if you encounter issues. Even if you know your products are legal, sometimes trying to convince an authority figure of that fact can be an uphill battle. If requested, it's probably easier to toss your edibles than get a federal drug charge and fight it in court — even if you're in the right.

Final Thoughts on Flying with Cannabis Products

Just because you know that what you're doing is legal doesn't mean everyone else will. If a TSA agent finds hemp-derived edibles in your bag and decides to make an issue out of it, be as respectful as you can. If they get law enforcement involved, it's very important to remain compliant and helpful.

Remember, what you're doing isn't illegal, but not everyone has the depth of cannabis knowledge that you do. Make sure you're taking that into account when you're traveling, and do what you can to minimize your hassles and your risks. Happy travels!