Traveling with Cannabis in California
While we’d all like to have our complete smoking setups with us wherever we go, it’s easier said than done. Traveling with cannabis in California and beyond has rules, and they must be followed to avoid potential legal consequences.
There are a lot of considerations to understand, from the cannabis laws for your destination to safely packing your stash, and we’re here to make it easy for you. Local laws and ordinances can change, so always check for the latest information before you hit the road after your stop at embarc.
California cannabis travel rules at a glance
Let’s go through the main do’s and don’ts to keep you safe while traveling with cannabis in California.
Type of travel | Is cannabis allowed? | Main rule |
Driving within California | It’s legal to possess cannabis while driving within California. | Cannabis must be stored in a sealed container, within the trunk area of a vehicle. |
Driving across a state border | It’s illegal to transport cannabis into or out of California. | Cannabis is illegal under federal law and cannot cross state lines. |
Air travel with recreational cannabis | It’s illegal to transport cannabis into or out of California. | Cannabis is illegal under federal law and cannot cross state lines. |
Air travel with medical marijuana | Medical marijuana is allowed with “special instructions.” | TSA says they permit medical cannabis but do not provide guidance. Proceed with extreme caution. |
Private boat on state water | It’s legal to possess cannabis on a boat in state waters. | Possession of cannabis is welcome, but consumption is strictly prohibited. |
Coastal or federally regulated waterways | It’s illegal to possess cannabis on coastal or federally regulated waterways. | Federal law prohibits the possession of cannabis on any federal lands or waters. |
National parks | There is a total ban on all forms of cannabis within national parks. | National parks are under federal jurisdiction and prohibit the possession of cannabis. |
Hotels and vacation rentals | It’s legal to have cannabis in a hotel or a vacation rental, but individual policies vary. | Many hotels and rental properties prohibit the use or possession of cannabis within the premises, so be sure to read the rules. |
Can I bring cannabis on a road trip?
Yes, as long as it’s stored in a sealed, airtight container. If it’s open, it must be in the trunk of your vehicle. An open container of cannabis in the cab is illegal under California law.
The consumption of cannabis is strictly prohibited while operating a vehicle, and police officers can conduct a sobriety test anytime they suspect you’re driving under the influence (DUI). Any marijuana detected in your system will be considered a DUI violation.
According to the California Department of Public Health, anyone over the age of 21 can possess up to one ounce (28.5 grams) of cannabis, and up to eight grams of concentrated cannabis.
How to store cannabis in a vehicle
When traveling with weed, use a dark, airtight container, and place it in the trunk or storage area of your car. Ideally, your cannabis will stay in a cool, dark environment for as long as possible to avoid any heat or sun exposure.
Can passengers use cannabis in the vehicle?
It’s illegal for anyone to consume cannabis within a vehicle. There isn’t an accurate testing method to tell how high someone is (similar to a blood alcohol content (BAC) test for alcohol), so law enforcement may use an “all-or-nothing” approach to cannabis intoxication due to secondhand smoke concerns.
Can I drive across state lines?
It’s still illegal to carry cannabis products between states under federal law, even when marijuana is legal in both states. Although you can carry a fair amount of weed with you while traveling within California, if you’re planning on traveling through state lines, you should get rid of your stash.
Can I fly with cannabis in California?
The Transportation Security Administration (TSA) recently updated its regulations and now allows medical marijuana in checked and carry-on bags. The TSA is more focused on security and safety, and it has relaxed its stance on medical cannabis.
While the TSA website says medical cannabis is permitted with “special instructions,” it has not clearly identified what those instructions are. Be sure to verify the latest requirements for your destination and airlines before you leave. The agency does note that the final decision rests with the TSA officer at the security checkpoint.
Does TSA search for cannabis?
The TSA’s mission is focused on security and potential threats to people, not necessarily looking for illicit drugs. TSA agents are required to notify law enforcement should they find any cannabis products.
https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana
Is cannabis allowed on a boat?
Federal Waterways
Under federal law, it’s illegal to possess cannabis products on any boat, in any federally regulated waterway.
State Waterways
Properly stored, cannabis is legal to carry in a vehicle within the state of California. However, coastal waters in California are under federal jurisdiction, where cannabis possession is illegal.
The logic in the laws is circular and confusing, but a good general rule is:
Cannabis on California Land = Legal
Cannabis in California Water = Illegal
Once a container is opened, the law becomes a lot easier: Having an open cannabis container in any vehicle within the state of California is illegal.
Can I bring cannabis on public transport like a bus or train?
It’s legal to carry cannabis on public transportation, following the same guidelines (28.5 grams of cannabis, or 8 grams of cannabis concentrate), but it’s illegal to consume it.
Can I bring cannabis to a national park like Yosemite?
According to the National Park Service (NPS), even for those with a medical marijuana license, it’s illegal to possess any amount of cannabis in a national park.