Readers of this legal blog know the dangers of carrying pot in our state, including when traveling. Recently, we posted about flying with marijuana. However, many questions were left unanswered from that popular post, which is the focus of this post.
Pot derivatives refer to both CBD products that do not necessarily contain THC (the chemical that makes pot users high) and edibles, which have the same affect as smoking pot without the need to inhale harmful smoke. However, depending on the nature of the pot derivative determines whether you can fly with it.
THC edibles are treated the same as marijuana. They are just as illegal in Houston, Texas, and at the federal level as marijuana itself. This is because they are, essentially, condensed versions of the plant with the same illicit effects. And, just as with pot, you cannot legally possess it in Texas or fly with it.
What about CBD products?
CBD products can be different. According to the Food and Drug Administration, CBD products with less than 0.3% THC are approved and legal. This means that these products can legally fly, assuming they meet the other TSA carry-on policies, like being 3.4 ounces or less, if the CBD product is liquid.
What about medical marijuana?
Some pot derivatives are legal in Texas for medical uses, and you may even have some kind of medical card or prescription.
This does not matter to the TSA officers. They will still not let you fly with pot derivatives, even if legal in Texas. They will still force you to throw the items away, even if you are eventually allowed to proceed to your flight.
However, you may find that even legal pot derivatives may still land you with drug charges as not all police know the current state of state and federal drug laws.