Can You Take Weed on a Plane: Traveling with Cannabis

As cannabis becomes more widely legalized, especially in states like California, many travelers wonder if they can bring weed on a plane. However, even though cannabis is legal under state law, it remains illegal under federal law, which governs air travel. Here’s what you need to know if the Transportation Security Administration (TSA) catches you with weed at the airport.

Weed at the Airport

Traveling with weed can be complex due to the interplay between state and federal laws. While weed or cannabis is legal in many states, including California, transporting it on a plane involves strict regulations. Here’s a detailed look at what you need to know about flying with cannabis.

Federal vs. State Laws

Federal Law: Traditional weed remains illegal under federal law. The Transportation Security Administration (TSA) operates under federal jurisdiction, which means federal regulations apply to air travel. This federal stance overrides state laws where cannabis might be legal. Hemp-derived cannabis is sort of in a grey-zone federally but still not recommended to take on a plane.

State Law: In states like California, where recreational cannabis use is legal, state laws permit possession and use. However, these laws do not extend to federal property, including airports and airplanes.

If TSA agents find weed during the security screening process, they will likely confiscate it. The TSA operates under federal jurisdiction, meaning they follow federal laws that consider cannabis and other illegal drugs as controlled substances. Although TSA officers might not arrest individuals, they may contact local law enforcement, especially if you’re carrying large amounts or if you’re not of legal age. For instance, this could happen at major airports like Los Angeles International Airport (LAX), Chicago’s O’Hare International Airport, or Denver International Airport.

Legal Consequences

If you’re caught with an illegal amount of cannabis, you could face penalties under §11357 of the California Health and Safety Code. While recreational cannabis is legal in California, TSA rules are governed by federal law, making it risky to bring weed on a plane. Federal authorities might not always get involved, but local police or California peace officers at the airport might take action.

Penalties for Cannabis Possession When Flying in LA

Understanding the difference between state law and federal law is crucial when it comes to cannabis possession during air travel. While TSA security officers typically focus on security threats rather than illegal drugs, they still have jurisdiction to arrest individuals if they discover significant amounts of cannabis products. The outcome might vary depending on where you’re flying from and to:

– Possessing less than 28.5 grams of cannabis or 8 grams of concentrated cannabis:

– Over 21: Legal possession under California law, though TSA may still confiscate it.

– Ages 18-21: A fine of up to $100 under state law.

– Under 18: Four hours of drug counseling and up to 10 hours of community service.

– Possessing more than 28.5 grams of cannabis or 8 grams of concentrated cannabis:

– Over 21: Misdemeanor charges, up to 6 months in county jail, and/or a fine of up to $500.

– Ages 18-21: Similar penalties, with potential jail time or fines.

– Under 18: Up to 10 hours of drug counseling and 60 hours of community service.

Special Circumstances

• Even if you’re traveling between legal states, such as from California to Nevada, it is illegal under federal law to transport cannabis or weed on a plane. TSA rules apply, and TSA agents may report suspected violations to local, state, or federal authorities. While TSA spokespersons often clarify that their primary concern is safety, cannabis products found during screening can still lead to legal action.
• Even though certain cannabis-infused products might seem less noticeable, they are still illegal under federal law. Whether in carry-on bags or checked luggage, transporting weed or cannabis-infused products through airport security can result in confiscation and potential legal trouble.
• Another thing to remember for those who think that they can fly with weed if they have a medical card in possession, the answer is no. A medical cannabis card is valid only within the state it was issued and does not provide any exemption under federal law. If you’re flying, your medical cannabis card won’t protect you from federal laws prohibiting the transportation of cannabis, even for medical purposes.
• It is crucial to remember that even if both states allow weed, it is still illegal to transport cannabis on a plane. This is because airplanes operate under federal jurisdiction, and cannabis remains illegal at the federal level. Violating these laws can lead to severe penalties, particularly if you’re caught attempting to cross state lines with cannabis products.
• Will the TSA find weed in my checked bag? It’s likely. Checked bags often undergo more thorough security checks than carry-on bags. If the TSA stops your bag and finds weed, it could be confiscated, and you might face legal action, especially if you’re traveling to a state where cannabis is illegal. At screening stations in airports like Las Vegas, Chicago, or Los Angeles World Airports, law enforcement officers may get involved if large amounts are found.
• Hash, oil, resin, and edibles are considered concentrated cannabis and are illegal to carry on a plane. Even if you possess these in small quantities, TSA agents may confiscate them, and local law enforcement could be notified.
• TSA’s focus during security screening is on potential threats to airport security, not specifically on weed. However, that doesn’t mean TSA officers won’t find weed during the screening process. Drug dogs at screening checkpoints may also detect cannabis. If TSA finds weed, the best-case scenario is likely confiscation, but it could lead to more severe consequences depending on the circumstances.
• If you’re caught with legal amounts of weed after landing in Los Angeles, local law enforcement may not take any action since weed possession is legal under California law. However, if you have illegal amounts or other illegal drugs, you could face charges. Arriving passengers are usually not screened, but carrying weed to another state can still pose risks.

Weed Possession in Airports

While carrying small amounts of weed may not lead to arrest, it’s not recommended to attempt traveling with it. The transportation of weed on a plane, especially in significant amounts, can result in legal consequences. Even if TSA agents don’t arrest you, the weed will likely be confiscated, and you might lose it permanently.

If you’re facing weed-related charges, you need professional legal services. The Hoban Law Group and other experienced legal professionals can offer legal services and advice. Contact an Illinois lawyer or a local California attorney if you need help with weed possession cases, especially when traveling.

Final Thoughts: Can You Take Weed on a Plane

While weed may be legal in your home state, taking weed on a plane is subject to federal law, which prohibits weed on aircraft. The TSA may confiscate any cannabis found and, in some cases, involve local law enforcement. Traveling with weed is risky and can lead to legal complications, especially when crossing state lines or carrying large amounts.

To avoid problems, it is safest not to bring weed or any cannabis products on a plane. Always be aware of both federal and state regulations to ensure a smooth travel experience.

Legal Disclaimer:
By reading this information presented, you agree to release the author of any liability that comes from using this data. This post does not constitute legal advice. Claims about cannabinoids have not yet been approved by the Food and drug administration FDA. Read the full legal disclaimer here.

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Resources:

1. Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
2. The Controlled Substances Act (dea.gov)
3. American Addiction Centers

FAQs About Bringing Weed on an Airplane