Could medical marijuana users finally get a break from the Transportation Security Administration (TSA)? It’s not yet clear-cut, but it seems that this federal agency may have relaxed their response to travelers with prescription cannabis.
TSA’s official website states the following:
TSA security officers do not search for marijuana or other drugs. In the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.
Whether or not marijuana is considered “medical marijuana” under local law is not relevant to TSA screening because TSA is governed by federal law and federal law provides no basis to treat medical marijuana any differently than non-medical marijuana.
Even if an item is generally permitted, it may be subject to additional screening or not allowed through the checkpoint if it triggers an alarm during the screening process, appears to have been tampered with, or poses other security concerns. The final decision rests with TSA on whether to allow any items on the plane.
What does this mean for the typical, state-law compliant Michigan medical marijuana patient? The answer isn’t clear, but it is promising.
There is a groundswell of positive momentum for the medical marijuana community. As of this article’s date, 20 states have legalized medical marijuana while both Colorado and Washington have made recreational cannabis use legal. Despite these momentous steps forward, the TSA’s adherence to federal law makes for an unclear and somewhat difficult situation at airports for medical marijuana users.
Whether the marijuana in question will be turned over to local law enforcement is at the discretion of the TSA, and historically responses have varied on a case-by-case basis. Many attorneys say bringing marijuana onboard airlines for some domestic travel shouldn’t necessarily raise any red flags.
The question will generally turn on the traveler’s point of entry and exit, and whether that patient is legally entitled to possess marijuana in both states.
“I hear reports from people flying from one medical use site to another or flying from one part of California to another and they generally report that if they carry their authorization, they simply show the letter and are sent on their way and are allowed to keep their medicine,” National Organization for the Reform of Marijuana Laws (NORML) attorney and founder Keith Stroup said. “The same policy should apply Colorado to Washington or Washington to Colorado.”
Last year residents in those states voted to make marijuana legal for recreational use, even if a doctor’s note isn’t obtained. The Department of Justice hasn’t exactly endorsed those state laws, but in August Attorney General Eric Holder said that the federal government will not seek to pre-empt local legislation.
“We received good news this morning when Attorney General Eric Holder told the governor the federal government would not pre-empt Washington and Colorado as the states implement a highly regulated legalized market for marijuana,” Washington Gov. Jay Inslee and Attorney General Bob Ferguson said in a statement two months ago.
NORML’s attorney Keith Stroup believes that the TSA has so far been reluctant to enforce federal law in areas where state legislation has legalized marijuana.
“I’m delighted to hear that because I think it shows that TSA primarily is acting as it was intended when it was established, to protect all of us when we travel on the airlines and to thwart terrorists. It is not supposed to be an anti-drug agency,” Stroup said. “What nobody feels 100 percent comfortable with is it’s a grey zone you’re going through. It’s technically still illegal even though they aren’t enforcing it very strongly.”
The bottom line is that there are no true guidelines for medical marijuana users, setting safe airline travel parameters. Anytime you fly, even if it’s from one “safe zone” to another, you will be taking a risk. Remember: until the federal law is changed, the wrong TSA agent on the wrong day may choose to refer the matter to law enforcement, as they have the final decision.
