Can You Fly With Weed You Bought Legally?

In other cases, the officer might decide to allow you through security with your marijuana, especially if you have a prescription.

Then again, you could be arrested.

“It is still illegal under federal law,” said Akerman attorney Michelle Lee Flores. Although local law enforcement might not pursue any charges, “there is a possibility to be arrested and prosecuted under federal law.”

Even so, it’s unlikely you’d be charged with a federal crime unless you attempt something especially brazen.

“Under California law, for example, it’s still a felony to transport for-sale marijuana out of state,” said Allison Margolin, one of the nation’s leading attorneys in cannabis law. “Usually, I can get the charge dismissed if I can persuade the DA that they were using it for personal use,” she said.

In most cases, law enforcement simply isn’t interested in prosecuting travelers carrying small amounts of marijuana, according to Mandel.

“They’re not going to do anything unless there’s such huge poundage or money involved that they believe it’s … for profit rather than personal use,” he said. “It’s pretty clear it’s an extremely low priority.”

Bottom line: Carry at your own risk.

Even though catching travelers with marijuana is low on the TSA’s list of priorities, there’s no way to predict how TSA and local law enforcement will handle the situation.

“It’s really a risk assessment and an assumption of that risk by the passenger,” said Hopkins. “Our conservative advice is to be super careful and don’t expose yourself unnecessarily to breaking the law.”

If you do decide to take the risk of flying with legally purchased marijuana, the attorneys shared factors you should consider first.

You’ll want to lie low.

“Minimize anything that would get the attention of the TSA” while going through security, Flores said. That includes carrying bottled water, contact lens solution and other liquids. Don’t pack anything that could be considered a weapon. And it might go without saying, but being noticeably under the influence is another red flag.

Edibles are less obvious.

Rather than the plant or oils, edibles “would be harder to detect,” said Flores, since most products are discreetly packaged to look like everyday food items. Oils or other liquids will undoubtedly catch an agent’s eye, while marijuana in plant form will likely give off a scent.

Some moves could make you look like a dealer. That’s bad. 

Many of the cases that end up in court do so because it appears the passenger intended to distribute. According to Margolin, you should avoid separating your stash into multiple packages or carrying a lot of cash. It’s also best if you’re carrying only a small amount of marijuana.

“The lowest amount [of marijuana] I’ve seen prosecuted is a pound,” she said, referring to airport arrests.

There are legal options too.

If you’re not interested in breaking the law but don’t want to travel without some form of relief, Margolin suggested talking to your doctor about Marinol, a drug containing synthetic (and therefore legal) THC.

“It’s a Schedule III drug and you can get it prescribed by a doctor,” Margolin said. “It’s like eating an edible, but it doesn’t have all the other cannabinoids.”

It’s best to stay quiet.

If you do find yourself in hot water, simply keep your mouth shut and cooperate.

“You should not try to talk your way out of the situation to the TSA, the police or anybody,” Margolin said. “There isn’t an actual defense for any interstate transportation.”

Instead, she said, “hire an attorney.”