fly with marijuanaThe short answer is – not really.

TSA & DEA don’t necessarily get along and as a result, TSA is largely turning a blind eye to travelers with personal use amounts of Marijuana. The DEA wants TSA to do their job regarding busting people with pot at the airport and TSA said unless you pay us to do so it’s your job to interdict drugs at the airport and it’s our job to make sure passengers are safe. Let the team from Piotrowski Law help you understand the rules regarding flying with marijuana in this post from an experienced Miami criminal defense attorney.

Marijuana is illegal under federal law – and in several states. If you possess marijuana at the airport you run the risk of being detained, arrested, prosecuted under state or federal law, or at a minimum having to put your weed in your car or throw it away.

TSA is not in the business of searching passengers for drugs. Rather, they are there to keep us safe. If TSA finds your weed, the decision is largely up to the discretion of the individual agent.

The TSA Policy

The official TSA policy is as follows:

miami criminal defense attorney“TSA security officers do not search for marijuana or other drugs. In the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer. Whether or not marijuana is considered legal under local law is not relevant to TSA screening because TSA is governed by federal law. Federal law provides no basis to treat medical marijuana any differently than non-medical marijuana. Even if an item is generally permitted, it may be subject to additional screening or not allowed through the checkpoint if it triggers an alarm during the screening process, appears to have been tampered with, or poses other security concerns. The final decision rests with TSA on whether to allow any items on the plane.”

TSA generally will report it to local authorities.  Of course, in Florida, Marijuana is still illegal so less than 20 grams is a misdemeanor and over 20 grams is a 3rd-degree felony. However, TSA seems to be following suit with the majority of the nation and changing its attitude towards pot.

The bottom line is traveling with weed is still illegal, so you will always be at risk. Your best bet is to avoid traveling with marijuana if you are going to travel via plane. If you must travel with medical marijuana, take note that it necessarily won’t be treated any differently than non-medical marijuana. This means that if medical marijuana is found during security screening at the airport, it can still be confiscated, even if you have your medical marijuana card with you.

Arrested Trying to Fly with Marijuana? Call Piotrowski Law Today

If you or a loved one has been arrested trying to fly with marijuana, it is in your best interest to speak to an experienced Miami criminal defense attorney immediately. Piotrowski Law has offices in Miami-Dade, Broward, and Palm Beach. Visit our contact page to send us your information or to contact us at 305-930-6652 so to schedule a consultation today.