Traveling With Edibles: California Rules

Although marijuana is legal in California, it is still illegal to bring it on a plane. This is because airports are operated by the federal government, and cannabis products containing more than 0.3% THC are illegal at the federal level. If you are caught with edibles at an airport, the TSA will confiscate them and may contact local law enforcement if you possess a large amount or are underage. Therefore, it is not recommended to attempt air travel with marijuana or edibles, especially if your destination state has more restrictive laws.

Can I take edibles on a plane within California?

Although marijuana is legal in California, it is still illegal to bring it onto an aircraft as it is prohibited by federal law. The Transportation Security Administration (TSA) states that only cannabis products containing 0.3% THC or less are permitted on planes. Therefore, it is illegal to take edibles, which contain a higher concentration of THC, on a plane within California.

The TSA is primarily concerned with security and detecting threats to passengers and aircraft. While TSA officers are not searching for marijuana or other drugs, if they discover edibles during screening, they will refer the matter to law enforcement. The consequences of being caught with edibles at an airport depend on the specific state's policies and local law enforcement. In some cases, the edibles may be confiscated, while in other cases, individuals may face penalties or arrest.

It is important to note that the information provided here is based on the current laws and regulations. It is always advisable to check the latest laws and regulations before travelling with any cannabis products.

What are the consequences of getting caught with edibles at an airport?

The consequences of getting caught with edibles at an airport vary depending on several factors, including the amount of cannabis in your possession, your age, and the local laws of the state where you are caught. Here is some more information on the possible consequences:

TSA Screening and Local Law Enforcement

If you are caught with edibles or other cannabis products at an airport, the Transportation Security Administration (TSA) officers will not ignore it, even though they are not specifically searching for drugs. If they discover any amount of cannabis during the screening process, they will refer the matter to a law enforcement officer. TSA officers are bound by federal law, which prohibits the possession of cannabis products containing more than 0.3% THC.

Local Laws and Penalties

The consequences you face will depend on the local laws of the state where the airport is located. For example, in Los Angeles, California, if you are over 21 and caught with a legal amount of weed (up to 28.5 grams), the TSA may simply confiscate it, and you are unlikely to face any further legal action. However, if you are caught with illegal amounts of weed, you may face penalties under §11357 of the California Health and Safety Code. These penalties vary depending on your age and the amount of weed in your possession.

In other states, such as Massachusetts, local laws may prohibit any amount of cannabis at an airport, and you may face more severe penalties if caught. For example, at Boston Logan International Airport, the TSA may contact the Massachusetts State Police at their discretion, even if you are caught with a small amount of cannabis.

Missing Your Flight and Further Legal Trouble

Regardless of the local laws, if you are caught with edibles at an airport, you will likely miss your flight as the TSA officers will need to refer the matter to local law enforcement. Additionally, if you are travelling to a state where cannabis is illegal, you may face harsher penalties if your edibles are discovered when you land at your destination. Therefore, it is generally not recommended to attempt air travel with edibles or any form of cannabis, even if it is legal in the state you are departing from.

What are the best ways to conceal edibles?

Although the Transportation Security Administration (TSA) does not actively search for marijuana or other illegal drugs, bringing any cannabis product with more than 0.3% THC on an aircraft is against federal law. If a TSA officer happens to find your stash, they will not lock you up but will instead hand your case over to local police.

• Place your edibles in an emptied bag of regular gummies, an emptied vitamin jar, or an emptied medicine bottle.
• Place your edibles in an odor-proof container. While edibles do not smell as strong as flower cannabis, a seasoned officer or a police dog will be able to detect the scent if they are looking for it.
• Don't bring more than you need. If you are arrested, you want to have a small quantity on you to avoid a more severe penalty or a charge for possession with intent to distribute.
• Remove edibles from their original packaging. Original packaging likely has one or more labels that clearly indicate the contents contain cannabis.
• Store your edibles in a smell-proof bag or case. Storage solutions with an activated carbon lining will provide an enhanced level of protection as it traps any scent particles in the filter.
• Store your edibles in an airtight container.

What are the chances of getting caught with edibles at an airport?

The chances of getting caught with edibles at an airport depend on several factors, including the amount of cannabis you possess, your age, the airport's location, and the discretion of the TSA agents and local law enforcement. Here is a detailed analysis:

TSA Policies and Procedures:

According to the Transportation Security Administration (TSA), cannabis-related products with no more than 0.3% THC or FDA-approved medications are the only legal items to bring on a plane, either in carry-on or checked baggage. This policy applies to all airports, regardless of the state's marijuana laws. While the TSA's primary focus is on security and detecting potential threats, if they come across edibles or other cannabis products during screening, they will refer the matter to law enforcement.

Airport and State Laws:

The chances of getting caught vary depending on the airport and the state you are in. For example, at Los Angeles International Airport (LAX), the police division will not arrest individuals complying with state law, which allows individuals over 21 to possess up to 28.5 grams of marijuana for personal consumption. In contrast, at Boston Logan International Airport in Massachusetts, TSA agents may contact state police at their discretion, even for small amounts of cannabis. Some airports, like Las Vegas' McCarran International Airport, provide "amnesty boxes" where travelers can dispose of cannabis products without penalty. On the other hand, Denver International Airport prohibits cannabis anywhere on airport property and has reported a significant increase in seizures.

Age and Amount of Possession:

If you are caught with edibles at an airport, the consequences depend on your age and the amount of cannabis you possess. For example, in California, if you are over 21 and have a legal amount of weed (up to 28.5 grams), the TSA will likely confiscate it, but you may not face further legal action. However, if you are under 21 or possess more than the legal amount, you may face penalties under the California Health and Safety Code, including fines, community service, or even jail time.

Discretion and Concealment:

The chances of getting caught also depend on how discreet you are when packing and transporting your edibles. Some people recommend removing edibles from their original packaging and placing them in inconspicuous containers, such as empty vitamin jars or food bags. Others suggest mixing edibles with similar-looking non-medicated food items, like putting weed gummies with regular gummy bears. While these tactics may help reduce the chances of detection, they do not guarantee it, and there is still a risk of getting caught.

In summary, while TSA agents are not actively searching for edibles or other cannabis products, if they discover them during screening, they will involve law enforcement. The likelihood of getting caught and the consequences vary depending on the specific circumstances, the airport's location, and the discretion of the authorities involved. Therefore, it is essential to be aware of the local laws and consider the potential risks before attempting to travel with edibles.

What are the laws regarding edibles at airports outside of California?

While the laws regarding edibles at airports within California are ambiguous, the laws outside of California are even more so. Here is what we know:

Firstly, it is important to understand that the Transportation Security Administration (TSA) operates under federal jurisdiction, not state. This means that even if edibles are legal in a particular state, the TSA is bound by federal law, which prohibits the possession of cannabis.

However, the TSA's priority is detecting threats to passengers and aircraft, and their security officers are not searching for edibles. If they do discover edibles during screening, they will refer the matter to a law enforcement officer. The likelihood of this referral resulting in legal repercussions depends on the state. For example, in California, if you are over 21 and caught with a legal amount of edibles, the TSA will likely confiscate them, but you will not face further consequences. In contrast, at Boston Logan International Airport in Massachusetts, if TSA discovers your edibles during a security check, they may contact the Massachusetts State Police at their discretion.

A few airports, including Las Vegas' McCarran International Airport, Chicago's O'Hare International Airport, and Midway International Airport, have installed "amnesty boxes" where travelers can dispose of cannabis products without penalty. On the other hand, Denver International Airport prohibits cannabis anywhere on airport property.

When traveling with edibles, it is essential to consider your destination. If edibles are illegal in the state you are flying to, you will likely face harsher penalties if they are found. Additionally, keep in mind that the TSA conducts random searches on checked luggage, so it is generally recommended to keep edibles in carry-on luggage.

In conclusion, while the TSA's primary focus is not on confiscating edibles, the laws and enforcement practices vary from state to state. Therefore, it is advisable to check the laws and regulations of your departure and arrival states, as well as their airports, before attempting to travel with edibles.

Frequently asked questions