Can You Bring Weed on a Plane? Understanding the Laws and Regulations
Can you bring weed on a plane? Well, seeing as marijuana is slowly becoming legalized in more and more states across the U.S., you may be wondering if it’s okay to bring weed on a plane. The answer is a bit complicated.
There are still many states where marijuana is completely illegal and even more where it is only decriminalized. Whether you're traveling within the United States or headed to another country, it's important to understand the laws surrounding marijuana and transportation.
In this blog post, we'll discuss the federal laws governing marijuana and transportation and the various state laws. We'll also provide an overview of how the TSA and major airlines handle marijuana and what consequences you may face if you violate their policies.
Federal Laws
The Federal Controlled Substances Act (CSA) classifies marijuana as a Schedule I drug, meaning it is illegal to possess and transport across state lines. This applies even if both states in question have legalized marijuana - it is still prohibited under federal law. Violating federal laws could result in severe consequences, including jail time and fines.
Potential consequences of violating federal laws can range from a misdemeanor to a felony, depending on the amount of marijuana in question and whether or not you have prior drug convictions. Additionally, transporting marijuana across state lines is considered a more serious offense than possessing it in one state, as it implies intent to distribute.
These consequences include:
Fines: Individuals found guilty of possessing or transporting marijuana across state lines are subject to fines ranging from a few hundred dollars up to $50,000.
Imprisonment: Depending on the amount of marijuana in question and whether or not you have prior drug convictions, individuals can face jail time ranging from 180 days to life.
Forfeiture: If the judge decides that any property used in the commission of a drug crime can be forfeited, this includes cars, boats, and aircrafts.
State Laws
The legality of marijuana and transportation laws vary from state to state. Some states, like Washington, Oregon, Colorado, and California, have legalized the possession and sale of marijuana for recreational use. Other states like DC and New York have decriminalized it, meaning that while you won't face jail time for possessing a small amount of marijuana, you may still be fined or face other penalties.
Washington, DC has legalized the recreational use of marijuana; it is legal for individuals 21 and over to possess, grow and sell marijuana.
Colorado has also legalized recreational marijuana use; it is legal for individuals 21 and over to possess, grow, and sell marijuana.
Oregon has decriminalized possession of small amounts of marijuana; individuals over the age of 21 can possess up to one ounce without facing criminal charges.
California has legalized medical marijuana use; individuals with a valid doctor’s recommendation can possess up to eight ounces of marijuana for personal use.
As a general rule, it is always illegal to transport marijuana across state lines regardless of its legal status in either state. Knowing the laws in your state can help you understand what consequences you may face if caught with marijuana on a plane. For instance, while it may be legal to possess marijuana in your state, transporting it across state lines can still be considered a criminal offense.
It is important to check the laws in your state and any states that you are traveling to, as they can be quite different. The best way to do this is by visiting your local government's websites or researching online. It may also be helpful to contact a lawyer specializing in drug law for more detailed advice on legal matters.
It is also crucial to remember that even if marijuana is legal in the state you are traveling to, it is still illegal under federal law to transport it across state lines or onto a plane. Therefore, it is best to avoid bringing any type of marijuana on a plane as this could lead to serious consequences.
TSA Guidelines
The TSA and major airlines have policies , even if it is legal in the state they are flying to or from. If you must travel with medical marijuana, keep all documents related to marijuana prescriptions or recommendations on hand. If you are found with marijuana in your possession, the best course of action is to cooperate with the agents and any law enforcement that may be called. Depending on the amount of marijuana, the local laws, and other factors, you may be asked to surrender the marijuana or face criminal charges.
Who Is The TSA?
The Transportation Security Administration (TSA) is responsible for safety and security in airports around the country. The TSA's primary concern is preventing terrorism and hijacking, so they do not specifically search for marijuana or other drugs. However, if any suspicious items are found during a screening, they will refer the matter to law enforcement, who may take further action depending on the state laws.
Major Airlines' Policies On Marijuana
Airline Policies on marijuana can vary greatly, so it is important to check with your specific carrier before traveling. Most major airlines prohibit passengers from bringing any type of marijuana on board, regardless of its legal status in the state you are traveling from or to.
Additionally, some airlines may require that medical marijuana be transported via special medical packages and accompanied by a valid medical marijuana card or doctor's recommendation. It is best to check with your airline before travel if you are planning on bringing any type of medical marijuana with you.
Below are some airlines and their specific policies on marijuana:
American Airlines: American Airlines prohibits passengers from bringing marijuana on board, even in states where it is legal.
Delta Air Lines: Delta prohibits any type of marijuana on board its flights, regardless of its legal status in the state you are flying to or from.
United Airlines: Like other major airlines, United prohibits passengers from bringing any type of marijuana on board its flights.
Alaska Airlines: Alaska Airlines has a strict policy prohibiting marijuana on board its flights, regardless of where it is legal.
Southwest Airlines: Southwest also prohibits all forms of marijuana on board its flights, including medical marijuana.
Potential Consequences Of Violating Airline Policies
Possible fines: Travellers found with marijuana in their possession may be subject to hefty fines from their airline.
Seizure of the marijuana: If a passenger is found with marijuana, it will likely be confiscated by airport police.
Possible criminal charges: Depending on the amount of marijuana, the local laws, and other factors, passengers may be subject to possible criminal charges if they are found with marijuana in their possession.
Loss of privileges: If a passenger is found with marijuana in their possession, they may lose the privilege and issue an indefinite travel ban if passengers are caught with cannabis products onboard.
Therefore, no matter what airline you are traveling with, it is important to remember that laws and regulations around marijuana are constantly changing. It is best to check with the relevant authorities and your specific carrier before traveling with any type of marijuana. Additionally, keep in mind that if you are found with marijuana in your possession, you will likely be required to surrender it and may face potential criminal charges.
Conclusion
The laws regarding the use of recreational marijuana vary from state to state, so it’s important to be aware of the laws in your area. Even if marijuana is legal in your state, you can still face serious consequences if caught with it on an airplane because federal drug laws still consider it illegal. Therefore, it is best that you leave your marijuana at home when traveling by plane.
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