TSA Updates Marijuana Policy for Medical Cannabis in Carry-On Bags

Policy Update Codifies Existing Practice

The TSA's May 25 policy revision formalizes screening procedures that have been inconsistently applied across U.S. airports since the 2018 Farm Bill legalized hemp. The updated guidance, published on the agency's "What Can I Bring?" web portal, explicitly permits passengers to carry Epidiolex and other FDA-approved CBD medications in carry-on and checked luggage. Hemp-derived products containing no more than 0.3% delta-9 THC by dry weight are now categorically allowed.

Federal law hasn't changed. Cannabis products with THC concentrations above the 0.3% threshold remain Schedule I controlled substances under 21 U.S.C. § 812, making possession in federal jurisdiction—including airports and aircraft—a criminal offense punishable by up to one year imprisonment for first-time offenders carrying under 30 grams.

TSA officers aren't actively searching for marijuana during security screening. When cannabis products are discovered during routine baggage checks, though, officers are required to refer the matter to local law enforcement under a standing memorandum of understanding between TSA and airport police agencies.

State-Legal Products Still Face Federal Enforcement Risk

Passengers departing from states where recreational marijuana is legal face the same federal prohibition as travelers from prohibition states. The policy update explicitly states that TSA's mission is security screening, not drug enforcement, but the agency can't override the Controlled Substances Act's classification of marijuana as a Schedule I narcotic.

The practical effect is a patchwork enforcement landscape where outcomes depend entirely on the airport's local jurisdiction and the discretion of responding law enforcement officers.

Airport police in California, Colorado, and other adult-use states rarely cite passengers found with small amounts of cannabis during TSA screening. The same discovery can result in arrest and prosecution in Texas, Florida, and states without legalization frameworks. TSA doesn't maintain data on referral outcomes by jurisdiction.

Medical marijuana patients authorized under state programs face identical federal restrictions. A valid state registry card doesn't constitute a defense to federal possession charges, and TSA officers are instructed to treat medical and recreational products identically during the referral process. For context on the federal-state conflict, see the CannIntel topic hub on TSA marijuana policy.

What Travelers Can Legally Carry

Only three categories of cannabis-related products are unambiguously permitted through TSA checkpoints under the updated policy. First, Epidiolex, the FDA-approved CBD medication for seizure disorders, is allowed in original packaging with prescription documentation. Second, hemp-derived CBD oils, tinctures, and edibles are permitted if accompanied by a certificate of analysis showing THC content below 0.3%. Third, hemp seed oil and other non-psychoactive hemp ingredients used in cosmetics and food products are allowed without restriction.

Delta-8 THC, delta-10 THC, and other hemp-derived intoxicating cannabinoids occupy a legal gray zone. Some manufacturers argue these compounds are Farm Bill-compliant, but the DEA's August 2020 interim final rule classifies all synthetically derived tetrahydrocannabinols as Schedule I controlled substances. TSA hasn't issued specific guidance on these products. Passengers carrying them risk referral and potential prosecution depending on local enforcement priorities.

International travel isn't addressed in the updated policy. Passengers departing U.S. airports for foreign destinations remain subject to the destination country's import laws, and many nations classify all cannabis products—including CBD—as prohibited narcotics. Canada is the sole exception among major U.S. travel destinations, but cross-border transport of cannabis between the U.S. and Canada remains a federal offense under 21 U.S.C. § 952.