Flying High With THCa … What You Need to Know

Traveling can be a stressful experience, and for many, carrying their favorite hemp flower is a source of comfort and relaxation. However, when it comes to air travel, understanding the laws and regulations surrounding hemp flower is crucial to ensure a smooth journey. In this blog, we'll provide you with essential information on traveling with hemp flower, how to do it legally, and tips for a stress-free airport experience.

What is Hemp Flower?

Hemp flower is the flowering bud of the hemp plant. It contains various beneficial cannabinoids and only trace amounts of THC. In most cases, hemp flower is legal under federal law.

*Pro Tip: Bring a Certificate of Analysis for any hemp products you’re traveling with. It’s not a guarantee, but it can only help TSA and airport employees understand that you’re traveling with a federally legal product.

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Know the Laws

1. Federal Laws: In the United States, hemp flower is generally legal at the federal level, provided it contains less than 0.3% THC. However, there are exceptions and varying regulations in some states.
2. State Laws: State regulations regarding hemp and hemp flower can differ significantly, so research and understand the laws of both your departure and arrival locations.

Carrying Hemp Flower

1. Carry-On or Checked Luggage: It's advisable to keep your hemp flower in your carry-on luggage. This way, you can monitor it more closely during security checks.
2. Proper Packaging: Store your hemp flower in its original packaging or an airtight container. This helps prevent odors from spreading and identifies it as a legal hemp product.
3. Quantity: Keep your hemp flower within the legal limits for personal use and the rules of your departure and arrival locations.

TSA Guidelines

The Transportation Security Administration (TSA) primarily focuses on security concerns rather than actively searching for legal hemp products. Nevertheless, if they come across any suspicious substances, they may report it to law enforcement.

TSA's Official Stance: "Products that contain hemp-derived CBD oil are generally legal in the United States and are safe to fly with."

As you can see, that doesn’t make any mention of THCa (or smokable hemp flower in general!) If you’re confused about that, most likely the average TSA agent is too. At the end of the day, be patient and respectful when interacting with TSA. If questioned, calmly explain that you are traveling with federally legal hemp.

Don’t travel with any amount you’re not prepared to lose. It’s possible that your stash could be confiscated.

Tips for Smooth Travel

1. Research Local Laws: Be well-informed about the specific hemp and cannabis laws in both your departure and arrival locations, as regulations can vary.
2. Lab Test Results: Carry a copy of lab test results for your hemp flower, confirming its low THC content. This can be helpful if questioned by authorities.
3. Discretion: While it's legal, it's wise to keep your hemp flower discreet, avoiding unnecessary attention.
4. Additional Documentation: If you have a medical need for hemp flower, consider carrying documentation from a medical professional.

What Should I Say to TSA?

When a TSA (Transportation Security Administration) agent inspects your hemp flower during a security check, it's important to remain calm and cooperative. Here's what you should say or do if your hemp flower is inspected:

1. Be Honest and Polite: If a TSA agent asks about the contents of your bag or if they find your hemp flower, be honest and polite. You can say something like, "I have hemp flower with me, which is legal under federal law."
2. Provide Information: You can offer additional information if necessary, such as explaining that your hemp flower contains less than 0.3% THC, making it legal under federal regulations. If you have lab test results, you can mention that you have documentation confirming the low THC content.
3. Know Your Rights: Familiarize yourself with the specific laws in both your departure and arrival locations. If you are traveling within the United States, understand that federal law allows the transportation of legal hemp flower. If you're traveling internationally, be aware of the relevant customs and drug laws.
4. Stay Calm and Respectful: It's essential to remain calm and respectful throughout the interaction. Remember that TSA agents are primarily concerned with security, and your cooperation makes their job easier.
5. Comply with Instructions: Follow any instructions given by the TSA agent. They may want to inspect the packaging or confirm the contents, and cooperating will help expedite the process.
6. Carry Documentation: If you have lab test results or a medical recommendation for your hemp flower, keep these documents on hand. They can be helpful in clarifying the legality of your product.
7. Avoid Confrontation: If the TSA agent remains uncertain or insists on further examination, try to remain patient and cooperative. Arguing or becoming confrontational may escalate the situation and lead to delays.

Remember that while hemp flower is generally legal under federal law, state regulations can vary, and international travel involves additional considerations. It's important to stay informed about the specific laws in your departure and arrival locations to ensure a smooth travel experience. If you have any doubts about traveling with hemp flower, it's advisable to consult with legal experts or authorities before your trip.

What’s the Worst that Could Happen?

1. No Consequences (In Compliance with the Law): If you are traveling within the United States and your hemp flower complies with federal law (less than 0.3% THC), you may face no legal consequences as it is generally considered legal.
2. Confiscation: In some cases, if TSA agents or other authorities are unsure about the legality of your hemp flower, they may confiscate it, even if it is technically legal. This can be an inconvenience, but it doesn't lead to legal charges.
3. State Law Violation: If you are traveling to a state with stricter regulations or where hemp flower is illegal, you could face state-level legal consequences, such as fines or confiscation. It's crucial to understand the specific laws of your departure and arrival locations.
4. Federal Legal Inquiries: Although hemp flower is generally legal under federal law, there have been cases where authorities questioned individuals about their possession of hemp products. If you're unable to prove the legality of your hemp flower, you may face federal inquiries, though charges are rare.
5. International Travel: If you are traveling internationally, carrying hemp flower can lead to severe legal consequences, as customs and drug laws vary widely from country to country. Possessing hemp flower could lead to arrest, fines, or other legal penalties in some nations.

To avoid legal consequences while traveling with hemp flower:

• Be aware of the laws in your departure and arrival locations.
• Carry proper documentation, such as lab test results confirming the low THC content.
• Keep your hemp flower in its original packaging.
• Be cooperative and respectful if questioned by TSA agents or other authorities.

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Conclusion

Traveling with hemp flower is entirely feasible and legal when you're well-prepared and informed. By adhering to the laws and regulations of your departure and arrival locations, and ensuring you carry proper documentation, you can enjoy your hemp flower while reducing the stress associated with travel. Always remember to stay informed and respectful of the rules and authorities, and you'll have a smooth and relaxing journey. Safe travels!