However, airport guests should be aware that Transportation Security Administration TSA screening stations are under federal jurisdiction. Also, passengers should be aware that marijuana laws vary state by state and they are encouraged to check the laws of the states in which they plan to travel. Airports in New York recently made it legal to possess weed at their airports as well. So if you were just walking through the airport terminal with weed in your pocket you would not be breaking the law or subject to being arrested.
But note that some states where marijuana is legal still have airports that ban marijuana within the airport. If you are hyperventilating about getting arrested it might be a good idea to go ahead and drop your goods in such a box or perhaps just drop them in the trash more discreetly. The tricky part is that the TSA screening stations are under federal jurisdiction or at least enforce federal laws.
So when you are transporting marijuana through a TSA security station you are in violation of federal law. At airports like LAX in California, you would expect airport police to simply allow you to fly with your weed assuming you are within the limits allowed.
In places where marijuana is prohibited, getting referred to law-enforcement could mean getting arrested. If you were flying from LAX to a state like Texas where marijuana is not legal the big consideration would be that once you land any possession of marijuana is illegal. So if for some reason your checked baggage was inspected in Texas and they found marijuana, you would be in violation of the law. I doubt it plays out like that in practice, though. Would an agent living in a state where marijuana is legal be as inclined to refer someone to law-enforcement as an agent living in a state where it is illegal?
Related: Which states have legalized marijuana. Many admit that the current status of marijuana laws in air travel is a bit of a tangled mess. Therefore, it is really hard to guarantee how each case will play out. There still is the issue that when flying you are subject to federal jurisdiction so technically it is still illegal to bring marijuana on a plane but as long as you are not toking up during take-off or in a lavatory that should not be an issue.
If you were bringing weed through airport security there are a number of different things that could happen or not happen. A lot of people head through airport security every day and a lot of them have some type of marijuana with them. Yet, nothing at all happens. In some cases you could get referred to law enforcement and get fined, cited, or taken to the slammer.
When flying within the boundaries of the United States, there are no customs checkpoints. Therefore, if you find yourself in say, Mexico or Jamaica, your precious Mary Jane could be quickly apprehended. Not only are those dogs sniffing for illegal fruits and vegetables, they are also sniffing around for contraband like drugs and weed.
You can get a huge fine in Turkey. Many of the well-traveled people of the world understand that keeping your wits about you is key when you are in a new place or country. Part of that means that if you plan on breaking the law, it would be wise to know what the penalty is.
Turkey is also known for its hefty fines for being caught with contraband. Bringing weed to Indonesia could mean life in jail. In fact, many middle eastern and African countries take the offense pretty darn seriously. Getting caught with even a small amount just once will equal jail time — sometimes more than one year.
Heck, in Indonesia , getting caught with marijuana could put you in jail for life. So while it may seem like fun in games here in the United States, other places around the globe do not find the offense to be a laughing matter. If you need a criminal defense attorney here in LA, William Kroger and the rest of our trusted team here are your best option for a successful defense.
Contact us at for a free consultation to discuss the details of your case. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
William Kroger Home. Contact William Kroger. Search Search Search. Criminal Defense. Marijuana Charges. Penalties for Marijuana Possession When Flying in LA The first, and most important, aspect to understand about marijuana and air travel is that the TSA operates under federal jurisdiction, not state.
However, they are unlikely to do so. The most likely outcome is that they will simply confiscate your weed. It is still not recommended to attempt air travel with marijuana in your possession. Weed is harmless, they get it. But getting caught while trying to fly with marijuana or cannabis-infused products can really harsh your mellow. Our screening procedures are focused on security and detecting potential threats.
This includes items that are used for medicinal purposes. Marijuana is now legal in many states for medicinal and recreational use, but it remains illegal under federal law.
This means a traveler flying out of California who gets caught with marijuana by TSA agents is not going to face the same kind of hassles as someone flying out of Texas, where it is illegal. So depending on the law, getting caught with pot could mean just having to forfeit the stash before boarding the plane, or getting arrested, missing your flight and spending some time in jail. It is essential for travelers to understand the marijuana laws in the states they are flying in-and-out of — especially if they plan on chancing a dust-up at security over a little marijuana.
It is equally important for travelers to have a grip on how strict the airports are on the matter.
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