Taking your favorite THC drinks on holiday or while visiting friends and relatives in a different part of the country may seem like the best way to ensure that you have access to your preferred cannabis alternatives anytime, anywhere.
However, unless you drive all the way there, chances are you’ll need a bit of research. So, can you fly with THC drinks?
While, in theory, you can fly with THC drinks, there are rules and restrictions that apply too. Here’s everything you need to know to avoid any risks and navigate airport checkpoints smoothly.
TSA General Guidelines & Focus
It’s hard to give a definitive answer because some drinks are allowed, while others are forbidden. You’ll have to determine for yourself whether you’re allowed to bring your sweet THC drinks with you, or you may have to buy some at your destination to avoid legal issues.
Normally, marijuana-derived THC is illegal at the federal level. Sure, you could get all kinds of products locally, but when it comes to flying, it remains illegal because commercial aviation falls under federal jurisdiction.
On the other hand, hemp-derived THC drinks with less than 0.3% Delta-9 THC are perfectly legal from a federal perspective. This means that you’re allowed to take them with you on domestic flights.
So, what’s left to do now is research your favorite drinks to make sure that they’re legal under the 2018 Farm Bill guidelines.
Generally speaking, you need to know that the TSA is mainly focused on security threats like explosives and weapons. THC isn’t considered one of them. However, if they do spot some THC while checking your luggage, you’ll most likely deal with local law enforcement. It’s a different category of problem that can ruin your travel plans.
Researching the composition of your drinks isn’t everything, as rules go further than that.
Liquid Rules & Regulations
Just because your THC or CBD drink is perfectly legal, you may still have to leave it with security to go through. The TSA isn’t primarily focused on finding cannabis. But then, a THC drink is still a drink. From this perspective, there are no differences between a THC can and a water can. It’s still a liquid.
Standard airport security guidelines must still be respected without exception.
Normally, if you travel by carry-on bags only, liquids should stick to the classic 100ml (3.4 ounce) rule. Sure, there are all kinds of rumors about this rule, as well as a few claims that it might be gone soon. Some European airports have ditched it, but don’t play it by ear when traveling domestically.
A full-size THC drink will be more than 3.4 ounces, so it will be confiscated at the security gate.
On the other hand, standard THC beverages are usually allowed in checked bags. There are quite a few rules there as well, but they mainly relate to the alcohol content. Normally, the alcohol content shouldn’t exceed 24% ABV.
The good news is that THC or CBD drinks are often used as alternatives to alcohol, so many of them have no alcohol at all. Indeed, you can also find alcoholic cocktails with CBD and THC in cans, but the alcohol content is usually much lower than 24% ABV. This makes them perfectly fine for checked luggage.
Federal Law & State Law Compared
The TSA is a federal agency. This means that most people focus on the federal law and rules, but that’s a mistake. Local airport police follow the state law too, meaning local officers can still intercept THC products and give you a headache.
Again, the THC content could make the difference here. In states like New York or California, if police find THC drinks, they’ll usually ask you to get rid of the products. In stricter states like Idaho or Texas, you may risk confiscation and criminal prosecution.
This doesn’t apply to all THC and CBD drinks, though, so there’s nothing to be concerned about if you follow the rules.
The so-called hemp loophole is based on the 2018 Farm Bill. This means that a drink with less than 0.3% Delta-9 THC by dry weight is considered legal. It can be treated like CBD, which is perfectly legal.
What you need to do is ensure that the brand you purchase has crystal-clear labels and information about ingredients. Many times, travel delays can still occur due to misidentification by different agents, whether the TSA or local police. To prevent this, you should keep a Certificate of Analysis (COA) handy.
Now, back to what you can take in the checked luggage, there are no restrictions when it comes to beverages with less than 24% ABV. As for those with 24-70% ABV, you’re normally limited to 1.3 gallons or five liters.
Once again, most THC drinks don’t include alcohol. And if they do, the amount is extremely low, so you should be alright.
Keep in mind that international flights imply being aware of the laws and regulations in your destination country. Some products could be safe and legal in the USA, but illegal somewhere else, carrying severe penalties.
Bottom line, can you fly with THC drinks? Yes and no. There are quite a few things to pay attention to, but you can usually work your way around them if you follow every rule and double-check the packaging before heading out.
