What Happens If You’re Caught Flying With Weed

By Jelena Martinovic

The holiday season is approaching and nearly 113 million Americans are expected to travel at least 50 miles from home, according to AAA. And with cannabis tourism becoming mainstream, an essential packing list of items for a trip these days often includes one’s cannabis stash.

But, since cannabis is still federally illegal, Travel Security Administration’s (TSA) stance remains clear.

“Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA,” according to TSA’s website.

However, flying with small amounts of marijuana is happening daily becaue TSA officers are not explicitly looking for marijuana.

“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers,” TSA says.

“If any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer,” the agency continues.

RELATED: TSA And Cannabis: What You Need To Know

“Airport law enforcement will be notified if marijuana is discovered by a TSA officer during the security screening process of carry-on and checked baggage,” TSA spokesperson Lorie Dankers wrote in an email to SFGATE. “Law enforcement officials will determine whether to initiate a criminal investigation or what steps — if any — will be taken.”

But, in most cases, airport security won’t report those carrying small amounts of weed.

RELATED: What Happens If You Try To Sneak Edibles Onto A Plane?

Neil Hallinan, a San Francisco-based criminal defense attorney, told SFGATE that such arrests would be a waste of law enforcement resources.

“Is it illegal to carry it through security? The short answer is yes, on the federal level it is,” Hallinan said. “But is it the kind of thing that the federal government wants to expend resources to enforce? No.”

This article originally appeared on Benzinga and has been reposted with permission.