What Happens if You Bring Edibles on a Plane?

 Posted on January 16, 2025 in Drug Charges

Traveling with edibles may seem harmless, especially since marijuana laws are changing across the United States. However, if you are caught with edibles at an airport, the consequences can be severe — especially in Texas. Whether you are curious about the risks or you have already been stopped by TSA, you need the help of a Texas criminal defense lawyer to deal with Texas’ harsh drug laws.

Is It Illegal to Bring Edibles on a Plane?

Even in states where marijuana is legal to use recreationally, it is illegal to bring cannabis edibles on a plane. Federal law still classifies weed as a Schedule I controlled substance. The Transportation Security Administration (TSA) operates under federal law, meaning they do not permit cannabis, including edibles, on planes. This applies even if you are flying between two states where marijuana is legal.

If TSA finds cannabis in your luggage, they are required to report it to local law enforcement. What happens next depends on the state you are in.

What Happens if You Are Caught with Edibles in Texas?

In Texas, cannabis is strictly regulated, and possessing any form of it — including edibles — is a criminal offense. Edibles are treated more severely than bud because they are considered THC concentrates under Texas law. Possession of less than one gram of a THC concentrate is classified as a state jail felony, which allows up to 2 years in a state jail facility and a fine of up to $10,000.

Possession of larger amounts results in even harsher felony charges with lengthier prison sentences. This means being caught with a single gummy or brownie containing THC could have life-altering consequences.

Will I Face Federal Charges if TSA Finds My Edibles?

While TSA’s primary focus is security, not drug enforcement, they will alert the police if they discover cannabis in your luggage. Because airports and air travel fall under federal jurisdiction, bringing edibles on a plane can lead to federal drug charges. This is especially true if you cross state lines with marijuana, which is considered drug trafficking under federal law.

That said, many cases involving small amounts of cannabis are referred to local authorities, who may prosecute under state law instead of pursuing federal charges.

Can First-Time Offenders Avoid a Conviction?

If you are a first-time offender, you may qualify for alternative sentencing options like pretrial diversion programs. These programs allow you to complete certain requirements — such as community service, counseling, or drug education — in exchange for avoiding a criminal conviction. Successfully completing a diversion program can help you move forward without a permanent criminal record.

However, eligibility for diversion programs depends on the specific circumstances of your case, as well as the jurisdiction handling your charges. A knowledgeable criminal defense attorney can evaluate your options and help you pursue the best possible outcome.

Contact a Plano, TX Criminal Defense Attorney

Getting arrested at an airport for carrying edibles on you can feel silly and embarrassing, but you need to take it seriously. If you have been caught with edibles at a Texas airport or anywhere else, a Collin County, TX criminal defense attorney at Law Offices of Biederman & Burleson P.L.L.C. can help. We understand Texas drug laws and will work to protect your rights and future. Call 469-333-3333 today for a free consultation to discuss your case and learn more about your options.