Can You Fly With Medical Marijuana In Florida?
Emmanuel Foret
Writer, Editor, Social Media Manager
January, 13 2025
Photo credit: iStock
Key Takeaways:
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Federal Law and Air Travel: Air travel is governed by federal law, which prohibits marijuana. TSA doesn’t actively search for it but will alert local law enforcement if found.
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In-State Travel: Florida residents with a valid medical marijuana card can transport cannabis within the state in sealed, labeled containers, but transporting it across state lines is illegal.
Florida is one of the many states that have legalized medical marijuana for patients in need of therapeutic relief. However, despite the state laws that allow residents to legally possess and use medical marijuana, traveling with cannabis—especially by air—can be a complicated process due to federal regulations.
The primary concern is that marijuana remains classified as a Schedule I drug under federal law, which prohibits its use and possession. This classification supersedes state laws, creating a confusing and often frustrating situation for medical marijuana patients who need to travel. In this article, we’ll explore the rules surrounding flying with medical marijuana in Florida, the potential risks involved, and how patients can navigate this gray area.
Flying with Marijuana: Navigating Medical Marijuana State vs. Federal Law
Florida residents with a medical marijuana card can legally obtain and use medical cannabis within the state. The Florida medical marijuana program allows qualified patients to access a variety of cannabis products, such as oils, tinctures, edibles, and smokable marijuana, for therapeutic purposes. However, marijuana remains illegal under federal law, and this distinction plays a crucial role in how cannabis can be transported, particularly when traveling by air, due to federal jurisdiction.
Although medical marijuana may be legal in Florida and other states, it remains prohibited at the federal level. The federal government classifies marijuana as a Schedule I controlled substance, which means it has a high potential for abuse and no recognized medical use. This federal prohibition creates a legal conflict for medical marijuana patients who wish to travel across state lines or board an airplane with their cannabis.
Federal Law and Medical Marijuana
Federal law plays a significant role in regulating medical marijuana, despite its growing acceptance at the state level. Under the Controlled Substances Act of 1970, marijuana is classified as a Schedule I drug, making it illegal under federal law. This classification means that marijuana is considered to have a high potential for abuse and no accepted medical use, which directly impacts how it is regulated and enforced.
The Transportation Security Administration (TSA) operates under federal law and has specific guidelines for cannabis products that can be brought through security checkpoints. According to TSA’s screening procedures, products containing no more than 0.3% THC on a dry weight basis, as well as FDA-approved cannabis-related products like Epidiolex, Marinol, Syndros, and Cesamet, are permitted. However, any other form of marijuana remains illegal under federal law and cannot be transported.
Federal authorities are currently considering rescheduling marijuana to a less dangerous classification, which could lead to significant changes in federal law and regulations surrounding medical marijuana. Until such changes are enacted, individuals must adhere to existing TSA guidelines and federal laws when transporting medical marijuana. This means that even if you have a state-issued medical marijuana card, you must be cautious and comply with federal regulations to avoid legal complications.
Can I Fly With Medical Marijuana in Florida Under Federal Law?
One of the most common questions for Florida residents is whether they can fly with medical marijuana. The short answer is no—flying with marijuana remains illegal under federal law. The Transportation Security Administration (TSA), which is responsible for airport security, operates under federal law and does not make exceptions for state-approved medical marijuana use.
While TSA agents are not actively looking for marijuana during security screenings, they are required to report any suspected illegal substances they discover, including medical marijuana. If TSA finds cannabis in your carry-on or checked bag, they will notify a local law enforcement officer, who will determine the next steps. Depending on the airport and the situation, local authorities may inspect the marijuana to verify that it is within the legal limits, but they do not have the authority to permit it on a plane.
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The Gray Area of Flying with Medical Marijuana
Although marijuana remains illegal under federal law, the way local law enforcement handles medical marijuana can vary. In some Florida airports, like Fort Lauderdale-Hollywood International Airport, local law enforcement has stated that passengers who have the proper medical marijuana documentation will not be prevented from taking it on board their flight. However, this is not always the case at all airports, and many local law enforcement agencies take a more cautious approach to avoid conflicts with federal law.
For instance, Orlando International Airport has a TSA Marijuana Policy that aligns with federal law. The airport aims to comply with federal regulations in order to continue receiving funding from the Federal Aviation Administration (FAA). The Orlando Police Department has clarified that they will not take action if a passenger is lawfully carrying medical marijuana in accordance with Florida law. However, it’s important to note that this does not mean the cannabis will be allowed on a plane.
In reality, the decision of whether you can transport marijuana and board a flight with medical marijuana often comes down to the discretion of local law enforcement and TSA officials. While small amounts of marijuana may not result in criminal charges, passengers can expect delays and may be asked to dispose of their medication or miss their flight.
Can I Fly Back to Florida with Medical Marijuana from Another State and Deal with Local Law Enforcement?
Traveling with medical marijuana from another state to Florida is a risky proposition. Even though Florida has a medical marijuana program, and some states have reciprocity agreements with Florida, marijuana remains illegal under federal law. This means that whether you are traveling from a state that has medical marijuana reciprocity or a state where marijuana is fully legal, transporting cannabis across state lines remains prohibited.
If you attempt to fly back to Florida with medical marijuana from another state, federal law governs, and your marijuana could be confiscated. The Transportation Security Administration does not make exceptions for state laws, and you could face legal repercussions depending on the amount and circumstances if you attempt to transport marijuana.
“While TSA may not actively search for marijuana, possession is still illegal under federal law, and travelers should be cautious.”
Flying Between Cities in Florida with Medical Marijuana
While flying within Florida may seem like a safer option than traveling between states, the reality is that federal law still governs air travel. Local law enforcement may not take action if you’re traveling with medical marijuana within Florida, but there is still a risk that your marijuana could be confiscated. TSA will report any marijuana they find to local law enforcement, and your medical marijuana card may not shield you from potential legal issues.
The bottom line is that even when flying within Florida, transporting marijuana is still illegal under federal law, and passengers could face delays and complications if they attempt to bring it on board a flight. Having your medical marijuana card in hand is crucial, but it does not guarantee you will be allowed to travel with cannabis.
Local Law Enforcement and Medical Marijuana
Local law enforcement agencies play a crucial role in enforcing laws related to medical marijuana. While some states have legalized medical marijuana, local law enforcement officers may still confiscate marijuana products that violate state or federal laws. If a TSA officer discovers marijuana or other illegal drugs during security screening, the matter is referred to the appropriate law enforcement agency for further action.
In states like California, where medical marijuana is legal, local law enforcement agencies have specific TSA Marijuana Policy and procedures for handling medical marijuana cases. For instance, California law allows individuals to possess up to 28.5 grams of marijuana for personal consumption. However, attempting to bring it onto a flight can still result in penalties, as federal law takes precedence in air travel. Local law enforcement officers may inspect the marijuana to ensure it complies with state laws, but they cannot authorize its transport on a plane.
The interaction between TSA officers and local law enforcement is critical in these situations. While TSA’s primary focus is on security threats, any discovery of marijuana is reported to local authorities, who then determine the appropriate course of action. This can lead to varying outcomes depending on the airport and the specific circumstances, highlighting the importance of understanding both state and federal laws when traveling with medical marijuana.
Medical Marijuana and Housing
Medical marijuana patients may face challenges when it comes to housing, particularly in states where marijuana is still illegal. Federal law prohibits the use of marijuana in federally subsidized housing, which can create significant obstacles for patients who rely on medical cannabis for their health and well-being. Landlords may also have TSA Marijuana Policy that prohibit marijuana use on their properties, further complicating the situation for medical marijuana users.
In Kentucky, where medical marijuana is legal, patients may encounter difficulties finding housing that allows marijuana use. Kentucky’s medical marijuana program is set to launch in 2025, and it is essential for patients to understand their rights and responsibilities regarding medical marijuana use in their housing situations. This includes being aware of federal regulations that prohibit marijuana use in federally subsidized housing and any specific TSA Marijuana Policy set by landlords.
Medical marijuana patients must research and understand the laws and regulations surrounding medical marijuana use in their state and local jurisdiction. This includes being informed about housing policies, TSA Marijuana Policy and procedures that may affect their ability to use medical marijuana. By staying informed and proactive, patients can navigate the complexities of medical marijuana laws and ensure they are in compliance with both state and federal regulations.
The Final Word
Traveling with medical marijuana in Florida is a complex issue due to the conflict between state and federal TSA Marijuana Policy. While Florida allows patients with a medical marijuana card to use cannabis for therapeutic purposes, air travel is still governed by federal law, which prohibits marijuana possession on planes. TSA’s role is limited to notifying law enforcement if they discover marijuana during security screening, and the final decision on whether to allow cannabis on board is up to local authorities.
For now, the best advice for Florida residents traveling with medical marijuana is to avoid trying to transport marijuana if possible. While TSA and local law enforcement may not aggressively pursue small amounts of cannabis, there are risks involved, including the potential for delays, confiscation, or legal trouble. To ensure compliance with both state and federal laws, it’s recommended that you leave your medical marijuana at home or find alternative ways to travel without it.
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