Flying With Marijuana – Is It Legal In New York State?
This month has seen a huge shift in the United States’ cannabis policy. With President Biden issuing mass pardons for federal marijuana possession charges and asking the US Attorney General to reconsider whether the drug belongs in the same criminalized category as heroin, some say this signals major changes to come.
With marijuana already fully legalized in New York and the state’s first recreational dispensaries on the way, some predict we could follow the lead of Colorado and Washington. Those states have already seen massive tax profits off of “cannabis tourism.” This now raises all sorts of questions about traveling with cannabis.
Can You Now Fly With Cannabis To And From New York?
New York’s Marijuana Regulation and Taxation Act passed last year explicitly states, as long as it's for personal use, New Yorkers 21 and older can:
“Use, smoke, ingest, consume, possess, display, purchase, obtain or transport up to 3 ounces (oz) and up to 24 grams of concentrated cannabis”
Is The TSA Actively Searching For Cannabis?
In a Washington Post interview, a Transportation Security Administration spokesperson admits the agency is more preoccupied with finding weapons, bombs, or anything that poses a major safety threat than policing cannabis. That being said, if the TSA finds marijuana, edibles, or any cannabis products in a bag or on a person.
Can You Travel With Cannabis From New York To Another State Where Possession Is Also Legal?
Even if you flew from here in New York to Denver or Seattle, a small, personal amount of cannabis would still be confiscated or thrown away if found by TSA officers at a checkpoint. Larger amounts could be referred to local law enforcement.
What If TSA Discovers Cannabis In A State Where Possession Is Still Criminalized?
The TSA is a federal agency, but legal jurisdiction is up to the cities/states where the airport is located. Cannabis is still fully criminalized in 23 states. If found at a checkpoint, whoever possessed the marijuana would be remanded to local authorities for charges.