What Happens if You Get Caught With Edibles?
Despite legalization shifting the regulatory landscape in many parts of the country, prohibition still looms large in numerous places in America. So, what happens if you get caught with edibles?
There’s a lot to unpack here. First and foremost, what types of edibles are we talking about here? As you might already know, our delta 9 gummies for sale here at Snoozy are hemp-derived - meaning they align with the 2018 Farm Bill. That means they’re 100% federally legal.
That raises the other side of this question, though. WHERE are you getting “caught” with your edibles? Honestly, you’re fine in the vast majority of states. Most states have legalized or at least decriminalized marijuana at this point. Even those that don’t recognize that hemp is a separate plant with its own set of laws.
And let’s be real…how would anyone even know you have THC gummies? That’s the beauty of these types of edibles. They’re super discreet once you take them out of their original packaging. At that point, they just look like any other candy.
There are really only a few instances in which we’d worry about getting caught with edibles - anytime you’re traveling across state lines with them, or when traveling on an airplane and getting caught by TSA. Even then, you probably have nothing to stress about.
So, pop a gummy and chill out - from our THC gummies for anxiety to THC gummies for sleep, we’ve got something for everyone at Snoozy! But if you’re still wondering what happens if you get caught with edibles, continue reading below.
Key Takeaway: The Laws Are Confusing!
Before diving in, it's essential to understand that a common theme in cannabis law is that the rules vary often. Regulations differ by federal, state, municipal, tribal, and international laws. Similarly, the consequences can range from severe punishment to arbitrary disciplinary actions determined by the officer in charge.
Below are several overviews of familiar places where people can get caught with edibles and the potential outcomes they may face. For a deeper understanding, be sure to learn about state laws, which can be found in a section down below.
Let’s clear up a common question we get asked surrounding legality and possession, though. What happens if you get caught with edibles while driving?
What Happens if You Get Caught With Edibles in a Car?
Rules can vary to some degree depending on the jurisdiction. Still, most laws have zero tolerance for consumption and open containers in moving vehicles. An open container in cannabis may refer to any packaging that has been unsealed and has some or all of its contents consumed.
So, while it may be alluring to munch on some infused gummies on your drive, having a non-infused candy or other snack might be a better idea until you reach your destination.
States do allow for the legal transportation of cannabis, as long as the driver and passengers adhere to the rules. This usually means products have to be sealed and possibly stored in a locked glove compartment, trunk, or other car area unreachable to the driver and passengers.
Understanding the varying laws is vital, as one practice in State A can be legal. At the same time, it becomes illegal a few miles later when you cross into State B. Like the rules, the consequences differ as well.
In some states, possession of cannabis in a vehicle may be seen as a minor penalty, considered a misdemeanor or lesser. In others, particularly where cannabis remains prohibited or semi-prohibited, the matter could become felonious.
Passengers should be equally aware of the laws. While they won't be charged with driving under the influence, passengers may be subject to open container laws, as consumption in a moving vehicle is typically banned.
Getting Caught with Edibles in a Plane or at the Airport
American airports are confusing, because you have to juggle local, state, and federal law.
The TSA operates under federal authority, with the goal of: screening for threats like weapons, explosives, and prohibited items that could endanger a flight. They're not actively searching bags for gummies.
That said, hemp-derived edibles and state-legal cannabis edibles occupy very different legal territory. While hemp is legal federally under the 2018 Farm Bill, state laws are another story. What's perfectly legal where you're departing from may not be where you're landing.
We recommend checking the laws in both your departure state and destination state, along with any specific airline policies, before traveling with hemp-derived products. A few minutes of research before you pack saves a lot of potential headaches at the gate.
Getting Caught with Edibles on State or Federal Land
Numerous state and federal properties ban cannabis even if the state has legalized it. Examples of federal land include:
- Bureau of Land Management (BLM) Lands
- Federal Buildings
- Federal Courthouses
- Military Bases
- National Forests and Grasslands
- National Wildlife Refuges
- Veterans Affairs (VA) Facilities
Being caught with edibles or other cannabis products on federal land can result in a range of consequences depending on several factors, including the amount of cannabis in possession, prior offenses, and other circumstances related to the specific case.
For example, getting caught with edibles in a federal parkland may result in a prison sentence of up to 6 months and a fine of no more than $5,000. Service members caught with possession of cannabis on a military base may see a range of penalties, including a first-time misdemeanor charge or more severe penalties, including felony charges, pay forfeiture, confinement, and a dishonorable discharge.
State rules can vary. Some exceptions may be made depending on the jurisdiction. Examples of state-owned land include:
- State Parks
- Recreational Areas
- State Government Buildings
- Educational Institutions
- Public Beaches
- Public Campgrounds
While you may find some leeway at the park or beach, government buildings could pose a greater criminal risk. However, the most significant risk would likely come from bringing cannabis on educational grounds, particularly any spaces where minors are taught. Speaking of which…
Getting Caught with Edibles In College
Now, what happens if you get caught with edibles at college? University campuses may be the only educational grounds where possession penalties may be relaxed.
However, many schools remain steadfast in their commitment to hand down stiff consequences for anyone caught possessing cannabis in any form. Many factors can influence the decision, including the college's location, the institution's policies, and whether the student or visitor has a medical card.
Students or anyone else looking to bring cannabis onto a college campus should be cautious. Getting caught can result in a warning or much more severe consequences, including expulsion and being banned from the campus. Criminal charges may also be applied.
Understanding State Cannabis Possession Laws in America
Maybe one day, cannabis laws in America will be clear and concise. Unfortunately, that is not the case today.
America's piecemeal approach to cannabis legalization created a patchwork of regulatory variances, with state and federal laws often conflicting. If you plan on bringing edibles or any other cannabis products with you in public, be sure to have an understanding of the law in whatever state you’re in:
|
State |
Legal Status |
Decriminalized |
Transportation |
Growing |
Prescription Requirement |
THC Limit |
Possession Penalties and Details |
|
Alabama |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
Misdemeanor for personal use, up to 1 year in prison, $6,000 fine. Felony for other cases, 1-10 years in prison, up to $15,000 fine. Medical use restricted to non-smokable forms. |
|
Alaska |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Adults 21+ can possess up to 1 ounce and six plants. |
|
Arizona |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Adults 21+ can possess up to 1 ounce and cultivate up to six plants. |
|
Arkansas |
Medically legal |
No |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Medical use allowed, recreational possession can lead to a year in jail and a $2,500 fine. |
|
California |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 1 ounce for recreational use, six plants for cultivation. |
|
Colorado |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Possession limit of 2 ounces, up to six plants for cultivation. |
|
Connecticut |
Fully legal |
Yes |
Limited |
Limited |
No |
No |
Up to 1.5 ounces in public and 5 ounces in private, cultivation allowed. |
|
Delaware |
Fully legal |
Yes |
Legal with limitations |
Illegal |
No |
No |
Up to one ounce for personal possession, home cultivation is illegal. |
|
Florida |
Medically legal |
No |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Non-medical possession over 20 grams can lead to a felony charge. Medical use allows up to 2.5 ounces for smoking. |
|
Georgia |
Medically legal |
No |
Legal with limitations |
Illegal |
Specific conditions |
Limited |
More than 1 ounce possession can lead to felony. CBD oil with less than 5% THC for medical use. |
|
Hawaii |
Medically legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Decriminalized possession; medical use allows 4 ounces of usable marijuana and seven plants. |
|
Idaho |
Prohibited |
No |
Illegal |
Illegal |
N/A |
N/A |
Possession of more than 3 ounces is a felony. |
|
Illinois |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 30 grams of raw cannabis or 5 grams of concentrate for recreational use. Medical cannabis patients can grow up to 5 plants. |
|
Indiana |
Medically legal |
No |
Illegal |
Illegal |
Limited medical conditions |
Limited |
CBD oil with less than 0.3% THC for certain epileptic conditions. |
|
Iowa |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
Severe penalties for possession; medical cannabis oil with 4.5 grams of THC every 90 days for certain conditions. |
|
Kansas |
Medically legal |
No |
Illegal |
Illegal |
N/A |
Limited |
CBD products with 0% THC allowed, essentially illegal. |
|
Kentucky |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
Medical marijuana program starts in 2025, non-smokable forms allowed. |
|
Louisiana |
Medically legal |
Yes |
Legal with limitations |
Illegal |
Specific conditions |
No |
Medical program functional with strict limitations, non-smokable marijuana allowed for certain conditions. |
|
Maine |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 2.5 ounces of possession and cultivation limits. |
|
Maryland |
Fully legal |
Yes |
Legal with limitations |
Limited |
No |
No |
Up to 1.5 ounces of possession, home cultivation limited to two plants. |
|
Massachusetts |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 1 ounce outside the home, 10 ounces inside, and six plants for cultivation. |
|
Michigan |
Fully legal |
Yes |
Legal |
Legal with limitations |
No |
No |
Up to 2.5 ounces outside the home, 10 ounces inside, and 12 plants for cultivation. |
|
Minnesota |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 2 ounces of cannabis, 8 grams of concentrate, and home cultivation of up to 8 plants allowed. |
|
Mississippi |
Medically legal |
Yes |
Illegal |
Illegal |
Specific conditions |
Limited |
Decriminalized small amounts; medical program allows 3.5 ounces of cannabis flower or 1 gram of concentrate per day with monthly limits. |
|
Missouri |
Fully legal |
Yes |
Limited |
Legal with limitations |
No |
No |
Up to 3 ounces of cannabis possession and cultivation limits for personal use. |
|
Montana |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 1 ounce of possession, cultivation limits for personal use. |
|
Nebraska |
Prohibited |
Yes |
Illegal |
Illegal |
N/A |
N/A |
Possession of less than one pound is a misdemeanor. |
|
Nevada |
Fully legal |
Yes |
Legal |
Legal with limitations |
No |
No |
Up to one ounce of marijuana or 3.5 grams of concentrate possession, home cultivation allowed under limitations. |
|
New Hampshire |
Medically legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Medical use allowed, possession decriminalized up to two ounces for certain conditions. |
|
New Jersey |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Up to one ounce for recreational use, six ounces possession limit, no home cultivation for recreational users. |
|
New Mexico |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Up to 2 ounces of flower, 16 grams of extract, and 800 mg of edibles for personal possession; home cultivation of up to 6 mature plants. |
|
New York |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Up to 3 ounces of cannabis flower or 24 grams of concentrate; home cultivation allowed after 18 months from sales start, with limits. |
|
North Carolina |
Medically legal |
Yes |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil only for intractable epilepsy; partial decriminalization for small amounts. |
|
North Dakota |
Medically legal |
Yes |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Medical program in place, decriminalized small amounts, combustible use limited to certain patients. |
|
Ohio |
Fully legal |
Yes |
Limited |
Legal with limitations |
No |
No |
Up to 2.5 ounces of cannabis, 15 grams of concentrate, home cultivation up to 6 plants with household limit. |
|
Oklahoma |
Medically legal |
No |
Illegal |
Legal with limitations |
Specific conditions |
No |
Medical use permitted with large program; recreational use initiative failed. |
|
Oregon |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to two ounces in public or eight ounces at home, and four plants per household for cultivation. |
|
Pennsylvania |
Medically legal |
No |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Medical cannabis available for specific conditions; decriminalization in some cities. |
|
Rhode Island |
Fully legal |
Yes |
Legal with limitations |
Legal with limitations |
No |
No |
Up to 1 ounce of cannabis outside home, 10 ounces inside, and home cultivation of up to 6 plants allowed. |
|
South Carolina |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil with less than 0.9% THC for specific conditions, partial decriminalization for small amounts. |
|
South Dakota |
Medically legal |
No |
Legal with limitations |
Legal with limitations |
Specific conditions |
No |
Medical use allowed for certain conditions, recreational legalization efforts ongoing. |
|
Tennessee |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil with less than 0.9% THC for certain conditions, decriminalization efforts in some municipalities. |
|
Texas |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil with less than 1% THC for serious conditions, strict medical program. |
|
Utah |
Medically legal |
No |
Limited |
Illegal |
Specific conditions |
Limited |
Medical use for specific conditions, with "compassionate use" petitions allowed. |
|
Vermont |
Fully legal |
Yes |
Legal |
Legal with limitations |
No |
No |
Up to one ounce of cannabis or 8,400 mg of THC in other products, two mature plants and four immature plants for cultivation. |
|
Virginia |
Fully legal |
Yes |
Legal |
Legal with limitations |
No |
No |
"Adult sharing" of up to 1 ounce, home-cultivation of up to 4 plants per household, public consumption prohibited. |
|
Washington |
Fully legal |
Yes |
Legal |
Legal with limitations |
No |
No |
Up to one ounce of usable marijuana, 16 ounces of edibles in solid form, and 72 ounces in liquid form, public consumption illegal. |
|
West Virginia |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
No |
Medical program allows non-smokable forms for certain conditions. |
|
Wisconsin |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil expanded for use, decriminalization in some cities, state law not decriminalized. |
|
Wyoming |
Medically legal |
No |
Illegal |
Illegal |
Specific conditions |
Limited |
CBD oil for intractable epilepsy, no legal access within the state, increased penalties considered in |
Final Words on What Happens if You Get Caught With Edibles
Also, be aware that these laws are constantly changing in real time. You should do your best to stay up to date in your specific state. Our blog has more tips on how to recover from edibles or choose the best sleep gummies if you’re just getting started.
Otherwise, all that’s left to do is spoil yourself with the best edibles online at Snoozy. After all, most of the stress about what happens if you get caught with edibles can be eliminated by shopping with a trusted brand that uses hemp and lab tests its gummies. Order today!
