Can You Fly With Edibles?

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Can you transport food by air? A lot of people ask this question these days because hemp-derived THC products are becoming more and more popular. However, the response isn’t as cut and dry as a yes or no.

While edibles are allowed on domestic flights, their THC content cannot exceed 0.3 percent when produced from hemp. Before you pack your bags, there are a few more details you should be aware of, such as local laws and airline policies.

Before your take off, here is everything to double-check when flying with edibles.

In a nutshell, sure. However, before you go on a mad dash for pre-flight shopping, you should read the broader discussion about how edibles are only permitted in certain situations.

Every edible’s legality is determined by the active component or ingredients. The 2018 Farm Bill states that hemp and its derivatives, which include CBD, delta-8 delta-9 THC, and others, are allowed as long as they don’t contain more than 0.3 percent delta-9 THC dry weight basis.

Anything with a delta-9 THC content more than 0.3 percent is classified as marijuana. Federal regulations still classify marijuana as a Schedule 1 Controlled Substance, meaning it is unlawful.

And keep in mind that state laws differ from federal laws. You must verify local laws about the sale and legality of various cannabis products where you are going. Make sure the things you bring on your travels are acceptable where you are going.

Hemp vs. Marijuana

Does this classification seem too technical? Let’s dissect it further.

Cannabis sativa L. is the parent plant of both hemp and marijuana, although they are technically different species. As previously mentioned, an edible’s classification as hemp (legal) or marijuana (illegal) depends on its delta-9 THC level.

In the simplest terms:
  • Marijuana: Over 0.3 percent delta-9 THC; illegal on a federal level.
  • Hemp: Under 0.3 percent delta-9 THC; legal on a federal level.

 

No matter where you fly, technically, air travel falls under several layers of rules and regulations. Here are the most important to note:

Transportation Security Administration (TSA)

The TSA handles airport security in the US. Its primary focus is on security threats, not drug enforcement. But, if TSA officers discover cannabis products, including edibles, during security screenings, they are required to report it to local law enforcement. The TSA states:
“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer..”
 
So, if you’re bringing hemp-derived edibles on your flight, we recommend keeping them in their original packaging and bringing a printed Certificate of Analysis (more on this later)

Federal Aviation Authority

According to a recent article by the Washington Post citing federal aviation regulations, “No airline may allow anyone to board a plane if the passenger appears to be intoxicated.”
If you are flying with edibles that lead to euphoric and elevated experiences, you’ll want to keep them in your bags until you reach your destination.

International Law

Just because hemp is legal in the US doesn’t mean it’s safe to bring your edibles with you on international trips. Even if you were to travel between two countries with legal hemp–let’s say the US and Canada–it’s highly illegal to transport any cannabis products over international borders. It’s advised to leave your hemp products at home when traveling internationally.

Given that the distinction between hemp and marijuana essentially comes down to a few percentage points of THC, it may seem insignificant.

However, the Federal Aviation Authority oversees the management of both airports and aircraft. This implies that the delta-9 THC concentration of your edibles is governed by federal law, regardless of the state you are traveling from and landing in.

To bring edibles on your next flight, ensure to double-check the following:
  • THC Contents: Do the edibles contain less than 0.3 percent THC on a dry weight basis?
  • Airline Regulations: Does the airline allow the transport of hemp-derived edibles?
  • Destination Regulations: Does the destination ban any hemp-derived products or cannabinoids? 

What if you are flying with a vape? While hemp vapes fall under the same rules as hemp edibles, the device complicates packing. Check out our guide to flying with a vape for more information.

 

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