California's marijuana law has allowed residents and tourists to buy/consume related products in the area. Due to this flexibility, some people have started showing up at airports with their edibles in hopes of transporting them to another place. This has led many people to ask themselves: "Can you take edibles through TSA in California?"
The Transportation Security Administration (TSA) has certain guidelines that everyone must be aware of. Carrying edibles through the screening process can result in potential legal consequences for the person. Air travel is complex, so airport security has some guidelines in place for people wanting to take certain items with them.
Is It Possible to Take Edibles Through TSA?
Technically, no. People can't take cannabis or other illegal drugs to the airport. People who have medications approved by the FDA may take them to the airport. Why are these regulations in place, though?
Federal law prohibits cannabis everywhere, not just at airports. If TSA finds cannabis during screening, it refers the matter to local police, who apply state law. The real risk is in flying with cannabis, especially across state lines, which remains a federal offense and breaks airline rules.
Goss Law can answer questions like Can a tourist buy edibles in California?
Can the Person Take the Edibles Through Their Checked Bag?
No, as it will have the same result as walking through TSA. When a TSA officer discovers a person with edibles, they'll likely take them away and give them to law enforcement officers. The local law enforcement agency will then take the person's case from there.
What If the State the Person Is Traveling to Has Legalized Marijuana?
Even if the state that the person is going to has also legalized cannabis, they'll likely get asked to dispose of their edibles. Depending on the airport, they may also face legal consequences for carrying drugs to the airport, as it's federally illegal.
Most airlines explicitly prohibit the possession of cannabis on their flights, so even if the person could take their edibles through TSA, they would be breaking the law by having it on their flight. In any case, they would be much safer by discarding their edibles before going to the airport.
Is It Possible to Take the Edibles If the Person Has a Medical Marijuana Card?
People taking cannabis because of medical concerns often wonder whether it's safe for them to take their medicinal products to the airport. Most medical exemptions for marijuana may be irrelevant outside of the state where they were issued, especially considering that airports are under federal jurisdiction.
If the medication is approved by the FDA, they may not have any issues taking it through TSA. However, they will have to think about the state they're taking the drug to. Some states accept medical marijuana card reciprocity, meaning that out-of-state IDs could work. Doing research can get a lot of stress off of people's shoulders.
Does the TSA Specifically Look for Edibles?
Not necessarily. The TSA's screening procedures are mostly to identify threats to airport security. They're designed to look for many potential dangers, which may include drugs of different types. Although they won't specifically look for edibles, that doesn't mean they won't find them.
Most of the time, people in California who get caught with personal amounts of edibles will get asked to discard them. However, this isn't a pleasant time to have, so it's always better to discard them before going in and avoid getting in trouble.
What If the Person Is Found with Edibles After Landing in California?
The risk is in the transport, not the landing. Carrying cannabis on an aircraft or across state lines remains a federal offense and a violation of airline rules, even if the person lands in California with an amount that is legal under state law. Once in California, possessing more than the legal amount also exposes the person to state penalties. Goss Law can also answer questions such as Is it legal to send cannabis in the mail in California?
What Are the Penalties for Carrying Illegal Drugs?
It depends on the state the person was caught in. The Los Angeles International Airport, for example, states that the Airport Police Division isn't going to arrest a person under certain conditions despite the fact that TSA screening checkpoints are under the rule of the federal government.
These conditions state that the person shouldn't exceed the current legal possession amount, which is up to 28.5 grams. It's still possible that they will get asked to get their edibles discarded by a law enforcement officer, though.
Other airports have amnesty boxes where people can dispose of cannabis products without any additional penalties. Some of them include the Chicago Midway International Airport and the O'Hare International Airport.
In California, the person will only get their edibles confiscated, as long as they weren't breaking other laws. People over 18 but under 21, for example, may be punished with a fine of up to $100. Those under 18 could be punished with up to 10 hours of community service and four hours of drug counseling.
On the other hand, people possessing more than 28.5 grams of marijuana (or 8 grams of concentrated cannabis) may be punished with fines or jail time unless they're under 18. In that case, they'll be punished with community service and drug counseling time.
Bottom Line
Walking through airports and TSA screening stations is a delicate matter that everyone should take seriously. Although edibles have been moderately approved in certain states, that doesn't mean that people can walk freely with them anywhere. According to federal authorities, cannabis is still illegal, so people must take precautions to avoid getting in trouble. Contacting a drug crime lawyer in Sacramento before traveling can help avoid issues.
To summarize, unless an edible is a medication approved by the FDA, the safest choice is not to fly with it. Hemp and cannabis rules at the state and federal level have been changing, so a low THC percentage on the label is not a safe harbor. People found with edibles at the airport will likely be asked to dispose of them, and in other scenarios, they could face harsher consequences.
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This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.