What Happens If TSA Finds Weed at the Airport
TSA won't arrest you, but it can hand you to local police. What happens next depends on your state, the amount, and where you're flying.
TSA does not enforce cannabis law. TSA is a federal agency, and cannabis is a Schedule I controlled substance under the Controlled Substances Act. TSA states that its officers do not search for marijuana or other drugs and that screening targets threats to aviation. When an officer finds cannabis during a bag check, the officer refers the case to local law enforcement. California law lets adults 21 and older carry up to 28.5 grams of cannabis flower and 8 grams of concentrated cannabis. Federal law still applies at the checkpoint. A legal amount under California law is not legal under federal law.
TSA's public position: officers do not search for marijuana or other drugs. Screening looks for weapons and explosives. Cannabis does not set off a metal detector, but a bag search for another reason can turn up a container or a vape cartridge. TSA officers are federal employees. They can call airport police or the local police department. The officer does not decide the charge.
Outcomes differ by airport and county. Federal charges are possible because many airport terminals sit on federal property or fall under federal aviation rules.
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Proposition 64 passed in November 2016. Adults 21 and older may possess:
Possession on school grounds, open containers in a vehicle, and public consumption stay illegal. Transporting cannabis across state lines is illegal under California law and federal law.
Airport rules differ. Los Angeles International Airport and San Francisco International Airport have said their police departments do not arrest passengers 21 and older for personal-use amounts found during screening. Those statements are local policy, not state law, and they can change. California has more than 200 public-use airports. No state law requires an airport to permit cannabis.
A flight from Los Angeles to Las Vegas crosses a state line. Federal law bans cannabis transport across state lines, even between two states with adult-use programs. International flights add customs law. U.S. Customs and Border Protection can search bags and ask about drug use. Canada bans bringing cannabis across its border. Many countries bar entry to travelers with a drug record.
Hemp products with 0.3% THC or less are legal under the 2018 Farm Bill. THC above that limit is not. TSA does not test products. A vape cartridge, edible, or tincture found in a bag goes to local police, who decide the response.
TSA does not hold drugs for a drug case. Officers hand the item to local police. Police decide whether to keep it.
TSA uses explosive-detection canines, not narcotics canines. Local police and CBP may run drug dogs at some airports.
No. Federal law does not recognize state medical cannabis programs. California issues optional medical cannabis ID cards. TSA and CBP do not accept them.
A layover in a state where cannabis is illegal puts the passenger under that state's law. Bags can be screened again at the next airport.