Traveling has always come with complications. Our By The Way Concierge column will take your travel dilemmas to the experts to help you navigate the new normal. Want to see your question answered? Submit it here.
You can’t turn a corner without running into a cloud from an electronic cigarette or vaping device these days. Their proliferation had us wondering: Can you bring vape pens on a flight? What about weed pens? We asked experts to share.
Earlier this month, the International Air Transport Association (IATA) reported that unruly passenger incidents increased in 2022 compared with 2021, despite the elimination of most pandemic flash points such as mask mandates, and vaccine and testing requirements.
The main culprits for the incidents were “non-compliance, verbal abuse and intoxication.” One of the most common issues with non-compliance? Smoking on board. Cigarettes, e-cigarettes, vapes and puff devices were all to blame.
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The Federal Aviation Administration says electronic smoking devices may never be used or charged on a plane. It’s not that they’re a nuisance; they’re potentially dangerous. In 2022, electronic smoking devices — which contain lithium batteries that can catch fire — were the leading cause of smoke, fire and extreme heat incidents on planes. The number of such incidents has tripled since 2019.
Because of those risks, these devices have battery restrictions. They’re not allowed in checked bags and must be transported in a traveler’s carry-on. Travelers who violate FAA vaping laws may face fines.
In addition, lithium ion batteries in electronic smoking devices “must not exceed a Watt-hour (Wh) rating of 100 Wh,” according to FAA, and lithium metal batteries can’t exceed 2 grams. They also can’t contain weed, unless the cartridge has less than 0.3 percent THC on a dry weight basis (at that point it’s considered a legal hemp product, not marijuana). Even if you’re flying between two states where cannabis is legalized, it’s still illegal to fly with weed because it remains a controlled substance under federal law.
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But it’s not just the FAA’s rules you need to consider.
“It’s a complicated legal walk,” said Harry Nelson, a health care attorney and founder and managing partner with Nelson Hardiman LLP. Between your two destinations you’re traveling between, the federal government and the airline, “you’re going through for technically four sets of jurisdictions.”
TSA follows the FAA’s policy on electronic smoking devices. Additionally, while TSA officers don’t search for marijuana or other illegal drugs, “if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer,” TSA spokesperson David Fitz said in an email. If you’re traveling with extra cartridges or e-liquids, remember you can only carry on liquids in amounts 3.4 ounces or less.
But no matter who you’re flying with and where, you can’t smoke or vape on a plane. Hannah Walden, a spokeswoman for Airlines for America, which represents major U.S. carriers, said airlines follow Transportation Department regulations on the issue, which explicitly ban the use of electronic cigarettes in all forms.
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Nelson warns you don’t want to test airline staff patience, particularly by trying to use an e-cigarette or weed pen on board.
“The airlines have been very aggressive about trying to police any form of intoxication and prevent people from being drunk or stoned on planes,” he said. “It’s just a risky move.”
How the airlines deal with onboard smokers differs. In 2021, an Alaska Airlines passenger was reported to the FAA for smoking an e-cigarette in the lavatory and was fined more than $10,000. In 2019, Spirit Airlines banned a passenger for life after setting off the lavatory smoke alarm.
If you’re traveling abroad, make sure the destination allows battery-powered electronic smoking devices before bringing yours along. It’s illegal to bring them into Mexico, for example.
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