Navigating the Laws on Traveling with Cannabis
As cannabis legalization expands across the globe, many travelers are left wondering about the legal implications of carrying cannabis across state and international borders. While some jurisdictions have embraced legalization, significant legal risks remain when traveling with cannabis. Understanding the current laws is essential to avoid potential legal consequences.
Federal Laws in the United States
At the federal level, cannabis remains illegal and is classified as a Schedule I controlled substance under the Controlled Substances Act. This classification means that transporting cannabis across state lines—even between states where it is legal—is a federal offense. This applies regardless of the mode of transportation, whether by car, bus, train, or airplane.
The Transportation Security Administration (TSA) does not specifically search for cannabis during security screenings. However, if TSA agents discover cannabis or cannabis-related products in your luggage, they are required to report the matter to law enforcement. This means that while some travelers may pass through TSA checkpoints without issue, others could face legal trouble depending on the policies of the airport and the state they are traveling to.
State Laws and Travel Restrictions
As of 2025, 24 U.S. states have legalized cannabis for recreational use, while 39 states have approved it for medical purposes. However, these state laws only apply within state boundaries. Crossing from one legal state to another, such as from California to Oregon, is still considered interstate trafficking under federal law.
For those traveling within a single state where cannabis is legal, possession may be allowed, but travelers should check local laws regarding transportation. Some states require cannabis to be stored in a sealed container and placed in the trunk of the vehicle. Additionally, driving under the influence of cannabis remains illegal in every state, carrying serious penalties.
Air Travel and Cannabis
Air travel falls under federal jurisdiction, meaning that carrying cannabis on commercial flights is technically illegal, even if both the departure and arrival destinations allow cannabis use.
Some airports, like Los Angeles International Airport (LAX), have policies that permit passengers to carry a legal amount of cannabis. However, the moment a passenger enters TSA security checkpoints, federal law takes precedence. If caught with cannabis at an airport, the consequences can vary. In some cases, local law enforcement may confiscate the product, while in other cases, passengers may be fined or arrested.
It’s also important to remember that upon landing, the laws of the destination state apply. A traveler flying from a legal state to a prohibition state (such as Texas) could face criminal charges upon arrival.
International Travel and Cannabis
Traveling internationally with cannabis is highly risky. Many countries, including those with strict drug laws like Japan, China, and the United Arab Emirates, impose severe penalties, including prison sentences or even death penalties for drug possession.
Even in countries where cannabis is legal or decriminalized, importing cannabis is often illegal. For example, Canada allows recreational cannabis use, but travelers cannot bring cannabis into or out of the country, regardless of where they are traveling.
CBD and Hemp-Derived Products
Under the 2018 Farm Bill, hemp-derived CBD products containing less than 0.3% THC are federally legal in the U.S. However, some states and countries have restrictions on certain CBD products. Travelers should research their destination’s CBD laws before carrying any hemp-based items.
Tips for Travelers
- Know the Laws: Research the cannabis laws of your destination, including states or countries you will transit through.
- Avoid Carrying Cannabis: Due to the legal complexities, it is safest not to travel with cannabis, even if it is legal at home.
- Understand Airport Policies: Some airports allow cannabis possession, but federal laws still apply at TSA checkpoints.
- Be Cautious with CBD: While federally legal in the U.S., CBD is restricted in certain states and countries.
Discover More: High Times: The Best Cannabis-Friendly Travel Destinations in the United States
In Review
While cannabis laws have evolved significantly, traveling with cannabis remains legally complicated and risky. Federal, state, and international laws create a complex legal landscape that travelers must navigate carefully. To stay safe and avoid potential legal trouble, it is best to leave cannabis products at home and consume responsibly within legal jurisdictions.
Learn More: Does Florida Accept Out-of-State Medical Marijuana Cards?