High Stakes: Traveling with Medical Marijuana by Plane – What You Need to Know
As of 2025, medical marijuana is legal in 37 states and Washington, D.C., offering relief for patients with conditions like chronic pain, epilepsy, and anxiety. However, traveling with medical marijuana by plane remains a complex and risky endeavor due to conflicting state and federal laws. Whether you’re wondering can you fly with marijuana, can you bring weed on a plane, or can you travel with medical cannabis, this comprehensive guide provides the latest insights on flying with marijuana, including legal risks, TSA policies, airline rules, and practical alternatives. Read on to navigate the high stakes of air travel with medical marijuana.
The Legal Landscape: State vs. Federal Law
Medical marijuana’s legality varies widely across the United States. As of 2025, 37 states and Washington, D.C., have medical marijuana programs, and 21 states plus D.C. allow recreational use for adults 21 and older. However, under the federal Controlled Substances Act of 1970, marijuana is classified as a Schedule I drug, deemed to have a high potential for abuse and no accepted medical use. This federal status creates significant challenges for travelers, as air travel, including airports and flights, falls under federal jurisdiction.
Key Issue: Even if you have a valid medical marijuana card, traveling with cannabis across state lines or through airports is illegal under federal law. This applies even when flying between two states where medical marijuana is legal, such as California and Colorado.
CBD Exception: The 2018 Farm Bill legalized hemp-derived products with less than 0.3% THC, making them permissible for air travel. However, most medical marijuana products exceed this THC threshold, rendering them illegal federally.
TSA’s Role: Security First, But Reporting Required
The Transportation Security Administration (TSA) is responsible for ensuring aviation safety, not enforcing drug laws. According to the TSA’s official stance:
“Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. TSA officers are required to report any suspected violations of law to local, state, or federal authorities.” (TSA)
This means:
TSA agents are not actively searching for marijuana during security screenings.
Their focus is on detecting threats like weapons or explosives.
If marijuana is discovered during a screening, TSA must refer the matter to law enforcement, and the outcome depends on local laws.
Some airports, such as O’Hare International in Chicago and Los Angeles International, have introduced amnesty boxes where travelers can dispose of marijuana before passing through security to avoid legal issues (Fox 59).
Aspect
TSA Policy
Implications for Travelers
Focus
Aviation security (e.g., weapons, explosives)
TSA is not looking for marijuana specifically.
Marijuana
Illegal under federal law (>0.3% THC)
Risk of confiscation or legal action if found.
CBD Products
Allowed if <0.3% THC or FDA-approved
Safe to carry if compliant with federal law.
Reporting
Must report illegal substances to law enforcement
Outcomes vary by state law and airport policies.
Airline Policies: Strict Prohibitions
Major airlines, including Delta Air Lines and American Airlines, explicitly prohibit flying with marijuana on their flights, regardless of state laws. For example:
Delta Air Lines: States that marijuana is not allowed on their flights.
American Airlines: Notes that “anyone traveling with or transporting marijuana on American flights does at their own risk” (The Hill).
This means that even if TSA allows you to pass through security, the airline could take action if marijuana is discovered during the flight, potentially leading to removal from the plane or other consequences.
Risks of Traveling with Medical Marijuana
The risks of traveling with medical marijuana depend on several factors, including the amount of marijuana, the form (e.g., flower, edibles, oils), and the laws of the departure and destination states. Here’s a breakdown:
Checked vs. Carry-On Luggage: Checked bags are subject to more thorough inspections, increasing the likelihood of detection. Carry-on bags may be less scrutinized, but there’s still a risk if selected for additional screening (Laattorney.com).
State Laws: In states where marijuana is illegal, discovery could lead to arrest, fines, or imprisonment, depending on the amount and intent. In legal states, you might only face confiscation, but federal charges remain a possibility.
Quantity Matters: Large amounts of marijuana are more likely to trigger legal action, especially if suspected of intent to distribute.
For example, a traveler caught with medical marijuana at a TSA checkpoint in a state where it’s illegal could face significant legal repercussions, while in a legal state, the marijuana might simply be confiscated.
Practical Tips for Travelers
Given the legal complexities, the safest approach is to avoid flying with marijuana. However, if you must travel with medical marijuana, consider these precautions:
Research State Laws: Check the marijuana laws of your departure state, destination state, and any layover states. Resources like state health department websites or Leafwell can provide guidance.
Use CBD Products: Opt for hemp-derived CBD products with less than 0.3% THC, which are legal to carry on planes. Verify the THC content with a certificate of analysis from the manufacturer.
Carry Documentation: While a medical marijuana card may not protect you under federal law, having it and a prescription could help explain your situation to authorities, though it’s not a guarantee against legal action.
Use Amnesty Boxes: If available at your airport, dispose of marijuana in amnesty boxes before security to avoid any issues.
Avoid Vaping or Consuming: Never use marijuana products on airport property or during a flight, as this could lead to immediate legal consequences.
Alternatives to Traveling with Medical Marijuana
To minimize risks, consider these alternatives for traveling with medical cannabis:
Obtain Locally: If your destination state has a medical marijuana program, check if out-of-state patients can register or purchase products legally. Some states allow temporary cards via telemedicine (MMTC).
Use Telemedicine: Certain states permit out-of-state patients to obtain medical marijuana prescriptions through telemedicine, though eligibility varies.
Switch to CBD: If your condition can be managed with CBD products containing less than 0.3% THC, these are a safer option for air travel.
Plan Ahead: Contact dispensaries at your destination to confirm availability and requirements for medical marijuana access.
International Travel Considerations
Traveling with cannabis internationally is even riskier. Most countries have strict drug laws, and bringing marijuana across international borders could result in severe penalties, including imprisonment. Even in countries like Canada or Uruguay, where marijuana is legal, importing it is typically prohibited. Always research the destination country’s laws and avoid carrying any marijuana products.
Recent Updates as of 2025
As of July 2025, no significant changes have occurred in federal law or TSA policies regarding traveling with medical marijuana. Marijuana remains a Schedule I drug, and TSA’s stance is unchanged: products with more than 0.3% THC are illegal, and any discovered during screening will be reported. The presence of amnesty boxes at some airports reflects growing state-level acceptance, but federal law still governs air travel. Travelers should stay updated on local airport policies and airline rules, as these can vary (CNBC).
Finally Talk
Can you travel on a plane with medical marijuana? While technically possible, it’s highly risky due to federal law, which prohibits marijuana in air travel. The TSA’s focus is on security, not drug enforcement, but any discovered marijuana will be reported, potentially leading to confiscation or legal action. Airlines also prohibit marijuana, adding another layer of risk. To stay safe, leave medical marijuana at home, explore legal alternatives at your destination, or use federally legal CBD products. Always research state and airline policies, and consider consulting a legal professional for specific advice. By understanding the rules and planning ahead, you can navigate air travel with confidence while minimizing legal risks.
