What happens if you get caught flying with weed

Of Jelena Martinovic

The holiday season is fast approaching and nearly 113 million Americans are expected to travel at least 50 miles from home, according to the AAA. And with cannabis tourism going mainstream, stashing your own cannabis is often a must-have packing list for a trip these days.

However, with cannabis still illegal at the federal level, the Travel Security Administration’s (TSA) stance remains clear.

“Marijuana and certain cannabis-infused products, including some cannabidiol (CBD) oils, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or are FDA-approved,” it said on the TSA website.

However, flying with small amounts of marijuana happens daily because TSA officers don’t specifically look for marijuana.

“TSA’s inspection procedures are security-focused and designed to identify potential threats to aviation and passengers,” the TSA says.

Photo by Chalabala/Getty Images

“If illegal substances are discovered during security screening, TSA will escalate 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 detected by a TSA officer during security screening of carry-on and checked baggage,” TSA spokeswoman Lorie Dankers wrote in an email to SFGATE. “Law enforcement officials will decide whether to open a criminal investigation or what steps – if any – to take.”

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

RELATED: What Happens When You Try to Sneak Edibles on 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, at the federal level it is,” Hallinan said. “But is it something that the federal government wants to spend resources on enforcing? No.”

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