The cannabis industry continues to mature, and operators looking to scale their operations across state or international lines are beginning to examine air freight as a potential logistics solution. However, cannabis remains federally illegal in the United States, and global regulations are equally restrictive. Being prepared for air transportation means building compliant systems, understanding legal frameworks, and staying ahead of shifting policies.
1. Understanding the U.S. Federal vs. State Divide
Cannabis is still classified as a Schedule I substance under the Controlled Substances Act by the Drug Enforcement Administration (DEA). The Federal Aviation Administration (FAA) prohibits transporting marijuana on civil aircraft under FAR 91.19, regardless of state laws. Violations can result in revoked pilot licenses and aircraft certifications.
That said, exceptions have emerged—most notably in Alaska—where cannabis is flown between remote locations under a state-authorized framework that involves advance notifications to the Transportation Security Administration (TSA) and local law enforcement. These practices remain in legal gray areas but offer insight into future pathways.
2. Complying with DEA, TSA, and DOT Policies
Despite the growing number of legal states, cannabis remains a banned substance for anyone operating in safety-sensitive transportation roles governed by the U.S. Department of Transportation (DOT). The DOT Office of Drug and Alcohol Policy & Compliance mandates drug testing that includes cannabis, and the TSA continues to refer any found cannabis to law enforcement—even if it’s legally purchased.
3. Navigating International Controls
Globally, cannabis air transport is restricted under the United Nations Single Convention on Narcotic Drugs (1961). Although cannabis was removed from Schedule IV of the treaty in 2020, it remains a Schedule I substance, making international transport illegal except under tightly regulated medical frameworks.
Operators must work within the laws of both exporting and importing countries—many of which still enforce zero-tolerance at their borders.
4. Building a Compliant Supply Chain
Operators preparing for eventual cannabis air freight should take these steps:
- Certify logistics partners who either operate under state exemptions or can obtain federal licenses.
- Apply for necessary DEA and international import/export permits for any legal international medical shipment.
- Maintain end-to-end chain-of-custody documentation, which may be required for future federal oversight.
- Provide training across the operation, including pilots, compliance officers, warehouse staff, and third-party handlers.
5. Learning from Pilot Markets
Alaska’s air transport model demonstrates how operators can engage with state and local agencies to create legal transport routes. Though not federally sanctioned, these operations involve structured reporting and clear product tracking—setting a precedent for other states like Massachusetts, which is exploring similar models for deliveries to islands like Martha’s Vineyard and Nantucket.
6. Staying Engaged and Advocating for Reform
Operators should monitor developments from regulatory bodies including the FAA, DEA, DOT, and TSA. Participating in public comment periods, industry roundtables, and submitting data on successful logistics pilots can help push toward a legal framework that includes cannabis air freight.
Final Word
Cannabis air freight readiness won’t happen overnight. However, businesses that begin laying the groundwork today—by aligning with regulatory expectations, building compliant systems, and advocating for reform—will be well-positioned once federal and international policies begin to shift. In an industry where timing and compliance are everything, being prepared means being first to take flight when the opportunity finally arrives.
Read how federal prohibtion in the U.S. prevents national cannabis growth here.