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?
2 Answers from Attorneys
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.
Either California or Federal law.
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