Roberta Aguirre
The legal status of cannabis in the US is complex. While some states have legalised the drug for medical and/or recreational use, it remains illegal under federal law. This discrepancy has created a confusing situation for travellers, who face a patchwork of conflicting state and federal laws when navigating the country's airports.
The Transportation Security Administration (TSA) is a federal agency, and its primary goal is to detect potential threats to aviation and passengers, such as weapons and explosives. While the TSA is not actively searching for marijuana, if they do find it, they are required by federal law to notify local law enforcement. This has resulted in a varied response from airports and local authorities, with some confiscating and destroying the drug, and others allowing passengers to pass without issue.
Travellers hoping to fly with pot must, therefore, navigate this ever-changing landscape of laws and airport policies, which can differ drastically from state to state.
| Characteristics | Values |
|---|---|
| Are US airports searching for pot? | No, the TSA is not actively searching for marijuana but rather focuses on "potential threats to aviation and passengers" like weapons and explosives. |
| What happens if pot is found? | The TSA flags it to local law enforcement. What happens next depends on the state and airport involved. |
| What about medical marijuana? | Medical marijuana products that contain no more than 0.3% THC or that are approved by the FDA are permitted in carry-on and checked bags. |
| What about CBD products? | CBD products are forbidden under federal law, but their legality is confusing for passengers, leading to rising arrests and confiscations at some airports. |
| What about edibles? | Edibles are the easiest to fly with as they can be disguised as regular candies or gummies. |
| What about vape cartridges? | Keep them to under 3 ounces and store them with similar-looking innocent items like pens, chapstick, or a nail file. |
| What about international travel? | Marijuana is still banned outright in many countries and carrying it across international borders can result in hefty fines or severe punishments. |
What You'll Learn
The TSA's stance on searching for marijuana
The Transportation Security Administration (TSA) is not actively looking for marijuana when you go through airport security. The TSA's primary goal is to find threats like weapons and explosives. However, if they discover that you have marijuana, they may still refer you to local law enforcement, as marijuana is illegal under federal law and the TSA is part of a federal agency.
The official TSA stance on marijuana, including medical marijuana, confirms that it remains illegal under federal law. TSA officers are required to report any suspected violations of the law to local, state, or federal authorities. The TSA website states that "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."
It's important to note that the TSA cannot arrest anyone for possession or any other reason. If they discover marijuana, they will report it to law enforcement, and it is up to local law enforcement to decide how to respond. The response may vary depending on the local laws and ordinances of the airport and state.
Some airports in legal recreational states, such as LAX in Los Angeles, San Francisco International Airport, and Logan International Airport in Boston, generally allow passengers to possess marijuana within the airport as long as they comply with state laws. However, other airports in recreational states, such as Denver International Airport and McCarran International Airport in Las Vegas, ban marijuana possession on airport property and provide amnesty boxes for disposal.
When travelling with marijuana, it is essential to consider the laws and policies of your departing state, destination state, and the airports involved. While the TSA is not actively searching for marijuana, there is still a risk of getting caught and facing legal consequences if discovered.
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Conflicting state and federal laws
The conflict between state and federal laws regarding marijuana in the US has created a complicated situation for travellers. While some US states have legalised the use of marijuana for medicinal or recreational purposes, it remains illegal at the federal level. This means that individuals complying with state law may simultaneously be violating federal law.
The Supremacy Clause of the US Constitution establishes federal law as the "supreme Law of the Land", but the Tenth Amendment generally delegates police powers to the states. As a result, states can eliminate state prosecutions of citizens using marijuana under state law, but they cannot prevent federal prosecutions.
Federal agencies, such as the TSA, have authority in airports once passengers pass security. The TSA's primary goal is to identify threats like weapons and explosives, and they are not looking for drugs. If they do find drugs, they will report it to law enforcement, which has the discretion to enforce state or federal law. TSA officers themselves do not have the authority to arrest anyone, regardless of the situation.
In practice, this means that the treatment of marijuana possession varies depending on the state and airport in question. For example, at Los Angeles International Airport (LAX), the airport website states that officers will not arrest individuals complying with state law, which allows individuals over 21 years of age to possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana for personal consumption. On the other hand, at McCarran International Airport in Las Vegas, Nevada, marijuana is not allowed on airport property, and there are amnesty boxes for individuals to dispose of their cannabis products before entering the airport.
The conflicting state and federal laws create a complex and confusing situation for travellers, who may be unsure of their rights and restrictions when travelling with marijuana. It is essential for individuals to stay informed about the specific laws and regulations in their state and at their airport of departure and arrival.
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Airports' varying policies on cannabis
As cannabis laws continue to change across the US, airports have found themselves in a confusing situation. While airport police forces act according to state law, the Transportation Security Administration (TSA) is a federal agency, and US airspace is a federal jurisdiction, so airline policy is a blanket ban on carrying cannabis on flights. This has created a grey area for airports, with varying policies on how to deal with cannabis.
The TSA's Stance
The TSA has made it clear that marijuana is not its priority. Their concern is flight safety, not the enforcement of drug laws. They do not search specifically for marijuana or other illegal drugs but if they do find it, they are required to notify local law enforcement. The final decision on whether an item is allowed through the checkpoint rests with the TSA officer.
Cannabis-Friendly Airports
Some airports are more lenient than others. Los Angeles International Airport (LAX) allows passengers to carry up to 28.5g of cannabis, as per California state law. Seattle-Tacoma Airport has a similar policy, allowing adult passengers to carry amounts under the state's legal limit. San Francisco International Airport won't confiscate or prosecute anyone carrying the legal amount of one ounce. Logan International Airport in Boston also allows people to board with cannabis.
Less Cannabis-Friendly Airports
At the other end of the spectrum, McCarran International Airport in Las Vegas and Denver International Airport do not allow the possession of cannabis on airport property, despite it being legal in their respective states. Colorado Springs Airport and Reno-Tahoe International Airport also take this line.
Conflicting State and Federal Laws
The conflicting state and federal laws around cannabis cause confusion for airport passengers. While it may be legal to possess cannabis in some states, federal law still regards it as a Schedule I drug under the Controlled Substances Act 1970. This means that passengers can go from a cannabis-friendly environment pre-security to an anti-cannabis one post-security.
International Travel
The situation becomes even more complicated when it comes to international travel. Even if you're flying to a country where weed is legal, such as Canada, you are under the jurisdiction of Border Control agents, who can arrest you for marijuana possession. The penalties for cannabis possession vary widely from country to country, and can be extreme in some places.
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Amnesty boxes at airports
An amnesty box is a container where people can deposit items without facing consequences related to those items. They are often used for the disposal of drugs, weapons, invasive species, and certain agricultural products.
In the context of airports, amnesty boxes are typically placed near security checkpoints to allow departing travellers to dispose of prohibited items, such as cannabis, before boarding their flights. While the possession and use of cannabis may be legal in certain states, it remains illegal under federal law and is prohibited on commercial flights within the United States.
In 2020, "cannesty amnesty boxes" were introduced at Chicago's O'Hare and Midway International Airports, offering travellers a discreet way to discard marijuana before proceeding through security. These boxes are owned by the Chicago Department of Aviation and serviced by the Chicago Police Department. Similar amnesty boxes have also been implemented at Colorado Springs Airport and Aspen/Pitkin County Airport in Colorado, as well as at airports in Las Vegas and Hawaii.
The use of amnesty boxes at airports has sparked varying responses. Some travellers appreciate the opportunity to dispose of cannabis discreetly, especially when travelling to destinations where it is illegal. However, records show that these boxes are not frequently used, and some individuals have even attempted to retrieve discarded cannabis from the boxes. Additionally, the presence of amnesty boxes highlights the complex and conflicting laws surrounding cannabis use and possession, particularly in states where it has been legalised for recreational or medical purposes.
While the Transportation Security Administration (TSA) is not actively searching for drugs, their primary focus is on identifying security threats such as weapons and explosives. If they discover drugs during their screenings, they will report it to local law enforcement, who have the discretion to enforce state or federal laws. As a result, travellers with cannabis may face varying consequences depending on their destination or the discretion of the authorities involved.
Overall, the presence of amnesty boxes at airports reflects the evolving legal landscape surrounding cannabis in the United States and provides travellers with a means to dispose of prohibited items before boarding their flights.
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The legality of flying with medical marijuana
TSA Policies
The Transportation Security Administration (TSA) has made it clear that its officers are not specifically searching for marijuana or other illegal drugs. Their primary focus is on security threats such as weapons and explosives. However, if any illegal substances are discovered during screening, TSA officers are required to report them to law enforcement authorities. The final decision on whether an item is allowed through the checkpoint rests with the TSA officer.
State and Airport Variations
Other airports, such as Denver International Airport and Colorado Springs Airport, take a stricter approach, requiring passengers to dispose of any marijuana before entering the airport premises. Similarly, McCarran International Airport in Las Vegas has strict policies due to federal gaming licenses, and passengers found with marijuana may be cited, fined, or even arrested if found with larger amounts.
Recommendations for Travellers
Due to the complex and varying legal landscape, travellers are advised to exercise caution when considering flying with medical marijuana. It is important to be aware of the laws and regulations in the specific states and airports of departure and arrival. While some airports may allow the legal amount of marijuana, others may enforce strict penalties for possession. Therefore, it is generally recommended to leave marijuana in the state where it was purchased.
Additionally, travellers should be aware that TSA officers cannot arrest individuals for possession but will refer the matter to local law enforcement, who have the discretion to enforce state or federal laws. As such, the consequences of carrying marijuana through airport security can vary significantly depending on the location and circumstances.
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Frequently asked questions
No, the Transportation Security Administration (TSA) is not actively searching for marijuana. Their focus is on terrorism and security threats to the aircraft and its passengers. They are looking for items that can take down an airplane, such as weapons and explosives.
The TSA does not have the authority to arrest anyone for possession. If they find marijuana, they will report it to law enforcement. It is then up to the local law enforcement to decide how to respond.
Medical marijuana products that contain no more than 0.3% THC or that are approved by the FDA are permitted in both carry-on and checked bags. TSA agents are unlikely to ask for a medical marijuana card unless the traveller is carrying a large amount or is travelling through a jurisdiction where weed is entirely illegal.
It is important to note that the possession and sale of marijuana are still illegal under federal law. While some airports in legal states may be more lenient, others have a strict ban on carrying cannabis on airport property. It is advisable to check the specific policies of the airports involved in your travel. If you choose to carry marijuana, ensure it is a small amount and keep it with you in your carry-on luggage.
