I Accidentally Brought Weed into an Airport

What Do I Do? 

Marijuana laws vary significantly between states, but when it comes to air travel, federal law takes precedence. The Transportation Security Administration (TSA) is a federal agency, meaning its regulations align with federal law, under which marijuana remains illegal. If you accidentally bring weed into an airport, particularly Charlotte Douglas International Airport (CLT), the consequences depend on where you are, the amount you have, and whether local law enforcement gets involved.

What happens if the TSA finds marijuana in your luggage?

TSA agents are not specifically looking for marijuana. Their primary focus is on security threats such as weapons and explosives. However, if they discover marijuana during a routine screening, they will likely take the following steps:

1. Notify local law enforcement – TSA does not have arresting authority, but they will contact Charlotte-Mecklenburg Police Department (CMPD) or other local officers at CLT if they find marijuana.
2. Potential confiscation or citation – Depending on the circumstances, law enforcement may confiscate the marijuana and issue a warning, a citation, or, in some cases, arrest you if the amount is significant or if there are aggravating factors.

North Carolina’s marijuana laws

North Carolina has not legalized recreational marijuana, and the state’s laws remain strict when it comes to possession. The severity of the charge depends on the amount you are caught with:

• Less than 0.5 ounces is a Class 3 misdemeanor under N.C. Gen. Stat. § 90-95(d)(4), which is punishable by a fine but does not typically carry jail time.
• Between 0.5 ounces and 1.5 ounces is a Class 1 misdemeanor, which can mean up to 45 days in jail.
• More than 1.5 ounces can be charged as a Class I felony, which could result in a prison sentence.
• If law enforcement believes you possess concentrates for distribution or sale, penalties could escalate significantly under N.C.G.S. § 90-95(h)(1), which governs trafficking in marijuana and related substances. 

If the amount is small and for personal use, law enforcement may simply confiscate it and issue a warning or citation. However, there is no guarantee that you will be let off lightly, especially in a state like North Carolina that has not decriminalized marijuana.

Can you fly with medical marijuana?

Even if you have a valid medical marijuana card from another state, TSA still treats marijuana as an illegal substance. Federal law does not recognize medical marijuana programs, so you can still be referred to law enforcement if TSA finds it in your possession.

North Carolina does not have a medical marijuana program, meaning even a card from a legal state will not offer any protection.

What about CBD and hemp products?

CBD and hemp-derived products containing less than 0.3% THC are legal under the 2018 Farm Bill (7 U.S.C. § 1639o). However, the skies aren't entirely clear. TSA officers aren't chemists equipped with testing kits. If a product isn't clearly labeled or raises suspicion, TSA officers may still flag it as suspicious.

If you’re flying with legal hemp that is visually indistinguishable from illegal marijuana, here are some tips for a smooth journey:

• Clear labeling: Ensure your CBD products are clearly labeled, indicating they contain less than 0.3% THC.​
• Documentation: Carry the product's Certificate of Analysis (CoA) from a third-party lab. This verifies its THC content and can serve as proof of compliance.​
• Stay updated: Before flying, review the TSA's guidelines on CBD and cannabis products to ensure you're in the know.​
• State laws matter: Remember, while federal law permits hemp-derived CBD, individual states may have stricter regulations. Always check the laws of your destination.

What to do if you realize you have marijuana at the airport

The best course of action depends on when you make the discovery.

If you realize before going through security, the smartest move is to leave the airport and dispose of the marijuana somewhere legal and safe. Tossing it in an airport trash can is not advisable, as surveillance cameras monitor these areas, and possession inside the airport can still be a legal issue.

If you are already at the TSA checkpoint and an officer finds marijuana in your bag, your response matters. Stay calm. Do not try to hide or discard it at the last second. Most importantly, do not admit intent to transport marijuana, as this could escalate the situation from a possession charge to a trafficking investigation.

If you make it past security and only realize your mistake after boarding or landing, do not panic. Laws at your destination will determine how risky your situation is. If marijuana is illegal there, disposing of it discreetly is the safest course of action.

What to do if you’re cited or arrested 

If you find yourself facing a marijuana-related charge at Charlotte Douglas International Airport, the steps you take in the moment can impact the outcome of your case.

• Remain silent. You are only required to provide identification. Anything you say can and will be used against you.
• Request a lawyer. Even if you are only being issued a citation, consulting an attorney can help you understand your options.
• Do not make statements that could escalate the charges. Admitting that you were bringing marijuana to another state could turn a simple possession charge into a trafficking case.

Need legal help?

If you’ve been charged with a marijuana offense at Charlotte Douglas International Airport, an experienced criminal defense attorney can help you navigate your legal options. Contact Jetton & Meredith today for a consultation to protect your rights and minimize potential consequences.