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Since weed is legal, can I fly with it now?

On Behalf of | Nov 17, 2022 | Criminal Defense |

As you probably know by now, our state has legalized recreational marijuana use. In addition, with the recent decision to pardon all federal simple possession convictions, you may wonder whether it is legal to fly with weed now.

Since weed is legal, can I fly with it now?

Legally, no. Marijuana is still illegal federally, even though it is legal here in Washington. This means that you could face federal prosecution, even if you would not be charged locally.

Does that mean the Transportation Security Administration will charge me?

No. The TSA is not actually a law enforcement agency, and as such, TSA officers are not police officers. However, when you fly, you will still need to pass through a Transportation Security Administration Security Checkpoint. A TSA officer will go through your bags and scan you, personally. While they are not looking for weed, if you bring it with you, they may find it. What happens next depends on where you are located.

If you are in a state where weed is legal, like here in Washington, your weed will be discarded. However, as long as the amount is under the legal limit, you likely will be allowed onto the plane.

On the other hand, if you are in a state where marijuana is illegal, the outcome will likely be much different. In that case, TSA will detain you and contact the airport or local police. The police will then charge and arrest you, or ticket you, depending on the local and state laws and policies.

Criminal drug charges

If you find yourself facing criminal drug charges, you need to start your defense immediately. Remember, you do not need to speak with the police without your attorney. Ask for your Kent, Washington, attorney immediately and often.