Is Flying With Marijuana Legal- Cannabis Travel Guide 2023


Last Updated on Nov 15th, 2023 by Navneet Kaur, Leave a Comment

Flying with marijuana is complicated because restrictions on the drug vary from country to country. Although some states have legalized marijuana, it remains illegal under federal law. This means that marijuana and some cannabis-infused products, including certain cannabidiol (CBD) oils, are not allowed on airplanes unless the products contain more than 0.3 percent THC on a dry weight basis, or unless they are approved by the FDA.

Here’s what you need to know about flying with cannabis. What’s legal, where it’s almost illegal, and what’s definitely not allowed.

Traveling With Cannabis On USA To India Flights 

In the United States, it is legal to have CBD oil but not THC oil. However, in India, possession of any amount of cannabis is illegal. If you are flying with cannabis from the USA to India, your best bet is to leave it at home. The penalties for being caught flying with Marijuana are significant, ranging from confiscation of your luggage and drugs to imprisonment. 

Can You Fly With weed On A Plane?

Cannabis legalization laws vary from state to state in the US, which has caused confusion among many people, including those who travel by air. Hence, if you’re planning on flying with marijuana within the USA, it’s important to be aware of the rules and regulations before packing your bags. 

The transportation of marijuana is still illegal under federal law, yet various states have implemented policies that make it easier for passengers to fly with the substance. These pseudo-solutions help consumers, but they also make the line between legality and illegality even more blurred.

Always remember, though police may not always enforce policies against flying with weed, this does not guarantee that you will not get in trouble if you attempt to do so.

What If You Are Flying With Weed Between States Where It’s Legal

Since TSA cannot make arrests, if a TSA agent discovers marijuana in your bags, federal policy requires them to notify local law enforcement. In a state where marijuana is not legal, you could be in trouble. However, if you are in a state where marijuana is legal, TSA agents may not take any action (if you are within the state’s legal possession limits).

The decision of whether or not to bust someone for possession of marijuana is often arbitrary and based on the discretion of law enforcement.

Suggested Read: Updated List Of TSA Carry On Liquid Rules

Can You Fly With Medical Marijuana In 2023

The TSA has stated that its main priority is ensuring flight safety, rather than enforcing drug laws. This is regardless of whether travelers are carrying small amounts of marijuana or edibles. However, the TSA must notify law enforcement if your baggage contains marijuana or a cannabis-infused product, this includes medical marijuana.

“TSA officers do not search for marijuana or other illegal drugs.” The agency made this clear on its Instagram account.

It is illegal to fly with marijuana, even for medical marijuana patients. This is because marijuana is still illegal at the federal level, and federal law applies to airplanes.

Are You Allowed To Carry CBD Products On The Plane?

It is perfectly legal to bring CBD products on a plane as long as they contain less than 0.3% THC. You are allowed to bring up to 3 ounces of CBD product with you. Keep in mind that you cannot bring a CBD vape pen in your checked luggage.

  • Carry On Baggage: Yes 
  • Checked Baggage: Yes 

Risk On Crossing International Border 

When flying internationally, it is important to know the regulations regarding cannabis before packing it in your luggage. Depending on the country you are visiting, cannabis may be completely illegal. Even if the country you are visiting has legalized cannabis, there may be restrictions on how much you can bring into the country or what types of cannabis products are allowed. It is important to do your research before packing your bags to ensure a hassle-free trip. Generally, crossing an international border with any type of cannabis product is prohibited. 

Marijuana possession is still illegal under federal law, even if you’re flying from the USA to India where cannabis is legal in some parts of the country. Border Control agents have the authority to arrest you for possession, so it’s important to be aware of the laws in other countries as well. Many countries have much stricter laws regarding marijuana, so if you’re caught with it in another country you could face jail time.

Still, Confused – To Bring Or Not To Bring?

It can be difficult to understand how marijuana laws, statutes, and policies will be applied in any given case, as they can be quite complex and difficult to predict. Hence, adding a lawyer’s name and contact information to your packing list is a good idea if you’re planning on bringing or flying with cannabis on your next airport trip. A little sarcasm goes a long way, we heard. Hence, try it here. 


Q: How much weed can you carry on an international flight?

A:  You are not allowed to carry marijuana on your international flight.

Q: What if I get caught with marijuana while flying?

A: If you fly internationally with marijuana, you could be fined up to $35,000 and imprisoned for at least one year.

Q: Can I put marijuana in a checked bag?

A: Marijuana is not allowed on aircraft, either in carry-on bags, checked bags, or cargo. All aircraft in the US operate under federal laws and regulations, and the transport of marijuana by air is prohibited.

Q: Can I fly with medical marijuana if I have a prescription?

A: Federal law prohibits the possession or use of marijuana on airplanes or in certain areas of airports. This applies to both medical and recreational marijuana, even if you have a prescription for it.

Well, that’s all!

Flying with marijuana ? can be a risky proposition, as there are strict rules and regulations governing the transport of cannabis products by air. However, if you are now fully aware of the risks and are able to take precautions, it is possible to make better decisions for a hassle-free journey. Also, you can read about the updated list of prohibited items under checked baggage here.

My Tickets To India is one of the best travel agencies that can help you book your flight tickets at affordable prices. We have travel experts with years of experience and have built a strong relationship with airlines, so we can help you get the best discount on flights from USA to India and back. To get one booked, you can reach out to us via call, query form, or live chat.

About Navneet | View Posts

Navneet Kaur is a Professional Content Writer with 5+ years of experience, she started her career as a Content Writer. Apart from having good knowledge of marketing and business, she firmly believes in dreaming big and making them come true. She lives with a passion to explore and learn about adventure, destinations, history and live events happening around. Including her travel writing skills, she has also written about places, arts and entertainment, personal experiences, nature and its beauty, etc.

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