Legal Question in Criminal Law in California

What would happen if someone got caught in a California airport (flying out of state) was caught with marijuana on their person? Would they be charged under California Law, Federal Law, or the Law of the state they were flying to?


Asked on 11/20/10, 8:46 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Assuming we are talking personal use quantities, if one's MJ were to be discovered by a TSA agent, this might or might not result in a law enforcement officer (LEO) being called. In all probability this would be a local police officer who might confiscate your stash and cite you for MJ possession, which until January 1, 2011 is a misdemeanor punishable only by a fine of about $250 (it is an infraction thereafter). If the LEO is a federal officer, you could be arrested or cited under federal law, and if you are one of those stupid people who doesn't know not to talk to cops, and you were to volunteer to the FLEO the information that your destination is out of state, you could be charged with attempted interstate transportation. Obviously if we are talking greater than an oz all bets are off. If it is a local cop and you have a medical marijuana card, who knows, you might skate.

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Answered on 11/25/10, 9:22 pm
Anthony Roach Law Office of Anthony A. Roach

Either California or Federal law.

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Answered on 11/26/10, 12:12 am


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