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Flying with edibles

On Behalf of | Dec 12, 2022 | Drug Violations |

Over the past few years, travel has been, in a word, complicated. And, with the ever-changing laws around marijuana and marijuana derivative products at both the state and federal level, this complicated mess can confuse anyone. Now, we factor in the mass pardoning of low-level marijuana offenses by this administration, and you have an even more confusing marijuana landscape. One such inquiry is whether Oregonians can fly with edibles now.

Oregon law

As most people in Washington County know, recreational marijuana use is now legal for those 21 and over. However, remember, when you fly, you are flying the federally regulated skies, which means Oregon state law does not matter.

What about two legal states?

If you are traveling to another state with legal recreational marijuana use laws, you may think this makes flying with edibles okay. After all, if it is legal where you take off and land, how can it be illegal in the sky. Though, again, those skies are federally regulated, which means those edibles are illegal, even if you purchased them legally in Multnomah or Clackamas County.

Still illegal federally

While federal law enforcement generally only raids non–state-sanctioned grow operations and dispensaries, they only due this because of executive orders and policies to deprioritize enforcement where states have legalized marijuana. However, weed is still illegal federally, even if federal law enforcement does not always charge people with weed offenses anymore.

The administration’s order to pardon simple possession federally only included a mandate to research whether weed should still be an illegal Schedule I narcotic. It did not take it off that schedule.

What about CBD?

CBD edibles can be legal to fly with as long as they contain less than 0.3% THC. This is because those products were approved by the FDA. However, if they are in liquid form, they must still comply with the TSA liquid flying rules.

Even though Oregon has relatively open marijuana laws, especially compared with other states, it does not mean you may never face drug charges. It only means that those situations where you would face charges change.