Marijuana Prohibited at Denver International Airport Despite Colorado’s Legalization Laws.
Cannabis has been legal for medical use in Colorado since 2000 and for recreational use since 2012 for those aged 21 and over. But what about the airport? Are people permitted to carry or smoke marijuana at the Denver International Airport? The short answer is no. The long answer is also no. Whether marijuana is for medicinal purposes or other drugs, passengers can learn some top tips about flying with medication.
Denver International Airport prohibits marijuana
The answer to whether people are permitted to take marijuana to the Denver International Airport is simple. No. Cannabis remains federally a Schedule I drug under the Controlled Substances Act and is prohibited for any purpose. Marijuana is not permitted in checked bags or in carry-on luggage under any circumstances.
Marijuana is prohibited at the Denver International Airport.
While most airports in the state of Colorado permit passengers to pass with the public possession of marijuana in public areas of the airport, they are not permitted to pass through federally controlled TSA zones.
On the City of Denver's FAQs webpage, it answers the question, "Can I take marijuana through airport security or travel out of state with it?" "No. It is illegal to take marijuana across state lines. Denver International Airport prohibits marijuana on its property."
Prohibited to:
- Leave the state with marijuana
- Bring marijuana to Denver International Airport
- To be in possession of marijuana in federal jurisdictions (like federal parks)
The Law Office explains, "Because visible use of marijuana is not allowed in public places, some airports have completely banned all possession of marijuana in any part of the facility. It is not illegal to consume marijuana before going to the airport or flying on a plane, but it is up to the discretion of the airport staff and flight crew to deny boarding due to excessive intoxication or impairment."
According to the Colorado Sun, the TSA states that its officers "do not search for marijuana or other illegal drugs." However, if they do find them during security screening, the TSA will refer the passenger to local law enforcement, and it's up to those agencies to decide what to do.
It is also important to keep in mind that when flying internationally, many countries treat marijuana (as well as some medications elsewhere considered acceptable) very seriously. Always check the local rules wherever one is traveling.
Marijuana remains a Federal Schedule 1 drug
In May 2024, the Associated Press reported that the US Drug Enforcement Administration will reclassify marijuana as a less dangerous drug. However, it will not legalize it outright for recreational use. According to the report, it will be reclassified to the less-restrictive Schedule III. As of the time of writing (September 2024), marijuana remains a Schedule 1 drug.
Legality of cannabis in the US
Federally:
Illegal - Schedule 1 drug
State of Colorado:
Legal for recreation since 2012
Denver International Airport:
Prohibited
Other states:
Legal in 38 of 50 states
FAA:
Strictly forbids pilots to knowingly carry cannabis on their aircraft
The unilateral legalization of marijuana in some states of America has created a degree of confusion, resulting in the country essentially having contradictory laws on the drug. While states have a huge amount of sovereignty in their respective states, some areas are federally controlled.
The drugs were smuggled on three separate Southwest Airlines flights from California.
Stark warning to pilots from the FAA
Seeking to clarify the issue, the FAA states, "The Federal Aviation Administration (FAA) is issuing an urgent warning to pilots who may be considering transporting marijuana aboard their aircraft. While a number of states have legalized marijuana for medicinal or personal use, federal law prohibits the knowing transportation of marijuana on aircraft."
Example of Schedule 1 drugs:
- Heroin
- Lysergic acid diethylamide (LSD)
- Marijuana (cannabis)
- 3,4-methylenedioxymethamphetamine (ecstasy)
- Methaqualone
- Peyote.
The FAA states it does not want to impose severe penalties due to confusion between what is permitted under state law and what remains prohibited under federal law.
"Even if marijuana possession or cultivation is legal in a state, it is illegal under federal law to use an aircraft to transport marijuana to, from, or within that state. If you violate the federal prohibitions, you can lose your pilot certificate and your aircraft." - FAA
The FAA goes on to elaborate that the restrictions apply to all forms of the drug (including edibles) and that pilots and aircraft owners involved in transporting marijuana face "severe penalties for violating the federal prohibitions." This includes permanently revoking the certificates of pilots knowingly transporting the drug "including quantities of marijuana amounting to more than simple possession." Additionally, the FAA will revoke registrations of aircraft used for that purpose for five years.
As a federal agency, the TSA has jurisdiction over airport screening areas and only permits travelers to bring products that have up to 0.3% Tetrahydrocannabinol or THC (i.e., the main psychoactive compound in marijuana). This is much lower than that found in recreational marijuana.
