The legalization of marijuana in states like California has led to increased questions about where it’s permissible to possess and use cannabis. A common query arising, especially in regions with legal recreational cannabis, is whether you can bring weed on a flight. Airports like Santa Monica Airport are seeing more individuals attempting to travel with cannabis, assuming state legality translates to air travel. However, the reality is more complex, and misunderstanding the rules can lead to legal repercussions even in cannabis-friendly states. What happens if airport security, like the TSA, discovers weed in your luggage?
While cannabis might be legal under California law, federal regulations govern air travel. Consequently, TSA officers are obligated to confiscate any cannabis found during screenings. Furthermore, depending on the quantity and your age, they might involve local law enforcement.
Possessing illegal amounts of cannabis can result in penalties as defined by §11357 of the California Health and Safety Code.
Even in locations like Los Angeles where cannabis is legal at the state level, air travel introduces a layer of federal jurisdiction that complicates the situation. Below, we delve into the specifics of flying with cannabis.
If you are currently facing legal challenges related to cannabis possession, it’s crucial to seek expert legal counsel. Contact William Kroger Law at 323-655-5700 for a confidential consultation to discuss your situation. William Kroger is a seasoned expert in drug law with over two decades of experience specializing in all types of marijuana-related charges. The sooner you reach out, the quicker we can start building a robust defense for you.
Understanding Marijuana Possession Penalties at LA Airports
The primary point to grasp about cannabis and air travel is the TSA’s operational jurisdiction: federal, not state. Despite California’s cannabis legality, TSA’s actions are dictated by federal law, which still classifies marijuana as a controlled substance. Technically, this means TSA could report cannabis findings to federal authorities.
However, federal intervention is rare in such cases.
- Confiscation is the most probable outcome. The DEA is almost never alerted for airport cannabis incidents involving personal use quantities. TSA typically doesn’t involve local authorities unless significant amounts are involved or the individual is underage. However, these situations can lead to penalties, which we will explore further.
- Attempting to fly with marijuana is still not advisable. Federal regulations prohibit cannabis possession on airplanes. Additionally, consider your destination’s laws; if cannabis is illegal there, discovery upon arrival could lead to more severe consequences.
Implications for Los Angeles Residents
Given California’s recreational cannabis legalization, what are the implications for a Los Angeles resident caught with cannabis at an airport like Santa Monica Airport?
In California, for adults over 21 possessing a legal amount of cannabis, TSA is likely to simply confiscate it. However, attempting air travel with cannabis remains discouraged, especially when traveling to states where cannabis is illegal.
TSA might still involve local law enforcement under specific circumstances, particularly violations of California state law. Let’s examine these scenarios.
Penalties for Cannabis Possession in LA Airports
If you are found at an airport with an illegal quantity of cannabis or are underage, local law enforcement might impose penalties according to §11357 of the California Health and Safety Code (HSC):
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For possessing less than 28.5 grams of cannabis flower or 8 grams of concentrated cannabis (wax, oil, or resin):
- Age 21 and over: Legal possession.
- Age 18-20: Punishable by a fine up to $100.
- Under 18: Punishable by four hours of drug education and up to 10 hours of community service.
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For possessing more than 28.5 grams of cannabis flower or 8 grams of concentrated cannabis:
- Age 21 and over: Misdemeanor, up to 6 months in county jail and/or a fine up to $500.
- Age 18-20: Up to six months in jail and/or a fine up to $500, or both.
- Under 18: Up to 10 hours of drug education and up to 60 hours of community service.
Addressing Specific Scenarios and Common Questions
Can You Travel with Weed Between Two Legal States?
No. Federal law still prohibits cannabis, regardless of state-level legality. While the TSA’s primary focus is security threats, agents must report discovered marijuana to local law enforcement. To avoid any legal risks, it’s best to refrain from traveling with cannabis.
Is it Legal to Fly with Edibles Between Legal States?
No, it is not permissible. While edibles might seem less conspicuous, transporting them is still a federal offense. Avoiding all forms of cannabis, including edibles, is the safest approach to prevent legal issues.
Can I Fly with Weed if I Have a Medical Marijuana Card?
No. Medical cannabis exemptions are state-specific and do not apply under federal jurisdiction, which governs air travel. Therefore, medical cards offer no exception to the federal prohibition of cannabis on flights. Moreover, your medical card’s validity is unlikely in a different state.
What If I’m Flying Between States Where Weed is Legal?
It remains illegal, even between states with legal cannabis. Airplanes operate under federal jurisdiction, where cannabis is illegal. Transporting cannabis across state lines can lead to more severe prosecution and penalties. Therefore, even if TSA doesn’t detect it, attempting to cross state lines with cannabis is ill-advised.
Will TSA Detect Weed in My Checked Luggage?
Likely. Checked bags undergo more intensive random searches than carry-ons, increasing the chance of detection. Your checked luggage goes through various screening processes to ensure it contains no illegal or dangerous items.
Attempting to conceal large quantities of cannabis in checked luggage could lead to detention upon arrival. Confiscation is probable, and legal action for possessing substantial amounts of cannabis may follow, particularly if you’re traveling to a state where it’s illegal.
Can I Bring Hash, Oil, or Edibles on a Plane?
No, transporting any form of cannabis on a plane is prohibited. Hash, oil, resin, wax, and edibles are considered concentrated cannabis, subject to the same federal restrictions as flower, but with stricter possession limits. California law permits only 8 grams of concentrated cannabis compared to 28.5 grams of flower.
Does TSA Actively Search for Marijuana?
In a clarifying Instagram post on their official account, TSA stated that their screening procedures are designed to identify security threats, not specifically to find marijuana. Thus, TSA officers aren’t actively searching for cannabis.
However, this doesn’t mean they will ignore it if discovered. TSA screenings routinely uncover various drugs. Drug-sniffing dogs may also be present at airports. In California, these dogs and handlers are unlikely to do more than confiscate personal amounts of cannabis. Still, it is wiser to avoid the risk and leave cannabis at home when traveling.
What Happens if Weed is Found After Landing in LA?
If you are found with a legal amount of cannabis after landing in LA and proceeding to exit the airport, authorities are unlikely to intervene. Arriving passengers are not typically screened. Legally possessing a state-legal amount on California soil usually isn’t an issue. However, possessing illegal amounts could lead to charges as previously described.
Cannabis Possession in Airports: Key Takeaways
While attempting to fly with personal amounts of cannabis in LA might not result in legal charges, it’s still not recommended. At minimum, confiscation is highly probable. Attempting to travel with larger quantities or while underage may lead to more serious legal actions from local law enforcement. However, be assured that accidentally carrying small amounts of cannabis through LAX is likely to result only in confiscation.
If you are currently facing any cannabis-related charges, immediate legal consultation is essential. William Kroger is a recognized expert in California cannabis law, with a proven track record of successfully defending against all types of drug charges. If you need a criminal defense attorney in LA, William Kroger and our experienced team are your best resource for a strong defense.
Contact us at 323-655-5700 for a free consultation to discuss your case details.
