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Can I now fly with my edibles?

On Behalf of | Dec 12, 2022 | Drug Crimes

With the administration’s recent decision to pardon anyone who was ever convicted of simple possession, one could be forgiven if they thought marijuana was not legal across the United States. The executive order that pardoned simple possession convictions only ordered the government to research whether weed should still be on Schedule I, not take it off. For better or worse, it is still an illegal Schedule I drug. But, how does this affect edibles, and can Indianans fly with edibles now?

Indiana law

While Marion County may be a bit more liberal than its more rural counterparts in Indiana, recreational marijuana and edibles are still illegal here and throughout the state. As such, you cannot legally purchase edibles in the state or bring them here from a state where it is legal.

What about flying between two legal states?

There are several states where recreational marijuana use is legal, though, like California and Colorado, and an Indianapolis, Indiana, resident may wonder if they can fly between those states with edibles legally. The answer is still no.

While the federal government has, so far, allowed states to regulate marijuana use within their own borders, flying and air travel are still federally regulated, which means that federal, not state, law applies. In other words, it is illegal to fly with edibles, even if they were purchased legally, and where you will land, they will be in your possession legally.

What about CBD oil and edibles?

CBD products have exploded in popularity over the past few years for their perceived medicinal effects. It has been sold as a cure-all for many disorders, and the FDA has approved them. However, they cannot contain over 0.3% THC. As such, as long as your edible falls within TSA guidelines (3.4 ounces of liquid or less, etc.) and it has less than 0.3% THC, you can fly with your CBD oil and edibles.

Unfortunately, unlike many other states, Indianapolis, Indiana, residents still suffer under a regime the outlaws marijuana. If you are caught with it, you face stiff penalties if you are convicted of a drug crime, which is why you should take it seriously and defend yourself vigorously.