Weed And The French Airport: A Smelly Affair

While marijuana is illegal under federal law, TSA has stated that its workers do not search for marijuana. TSA security officers are required to report any suspected violations of the law to the authorities, but they do not actively search for marijuana or other drugs. Security dogs at airports are also no longer trained to detect the odour of marijuana. This is because, as cannabis has become more common, it would be confusing for dogs who might smell it on passenger clothing, and it isn't the core purpose of security in airports, which is to keep people safe from terrorist or other threats.

TSA's official stance on marijuana

The Transportation Security Administration (TSA) has a tricky relationship with marijuana. While the plant is illegal under federal law, the TSA has to navigate the laws of an increasing number of states where marijuana is legal.

The TSA's official stance on marijuana is that it is not a priority for the agency. They claim that their officers are not looking for contraband marijuana but for security threats. The TSA has stated that:

> "TSA doesn’t have any regulations that address the possession or transportation of marijuana and cannabis-infused products, but under Federal law and many State laws, it’s a crime to possess or transport any detectable amount of marijuana… It’s up to the responding officer, not TSA, to determine if possession of the marijuana is authorized under State law, or whether to make an arrest or confiscate it."

In practice, this means that if a TSA officer comes across marijuana during screening, they will refer the matter to a law enforcement officer. The TSA's spokeswoman, Lorie Dankers, has confirmed that this is the case at every airport, regardless of whether marijuana is legal in that state.

However, it is important to note that the TSA is a federal agency, and marijuana is illegal under federal law. Therefore, transporting marijuana through a TSA security checkpoint could lead to criminal charges. The official TSA stance confirms this, stating:

> "Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law [...] TSA officers are required to report any suspected violations of law to local, state or federal authorities."

The TSA's position becomes even more complicated when considering airports with different rules about carrying marijuana. For example, Los Angeles International Airport (LAX) allows individuals over 21 to possess small amounts of marijuana, and California peace officers cannot arrest individuals complying with this law. However, as LAX is under federal jurisdiction, TSA officers are still required to report suspected violations.

Other airports, such as Denver International Airport and McCarran International Airport in Las Vegas, ban marijuana possession on their property, despite it being legal in their states. These airports may have amnesty boxes for passengers to dispose of marijuana products before passing through security.

In summary, while the TSA claims that its officers are not actively searching for marijuana, the discovery of marijuana during screening will result in referral to law enforcement. The consequences of this referral will depend on the local laws and airport policies in place.

Airport security dogs and weed

Dogs are employed as sniffer agents in airports because of their powerful sense of smell. A German Retriever's nose, for example, contains about 300 million sensory nodes, compared with just six million in humans. This means that dogs can not only smell what's inside a sealed bag but also detect many details that humans cannot.

While drug-sniffing dogs do exist, particularly at venues like concerts, the dogs used in airport security are primarily bomb-sniffing dogs. The K9 units of the TSA and the police are trained to detect the individual smell of bomb components, like nitroglycerin. After all, bombs pose a greater threat than narcotics and can be more easily concealed.

Although cannabis is not a primary concern for airport security dogs, it is still possible for them to detect it. Drug-sniffing dogs can identify not just marijuana but also a range of other substances, including cocaine, ecstasy, methamphetamine, and heroin. They are trained to detect even small amounts, such as those left in a vape pen.

However, the presence of drug-sniffing dogs at airports may vary depending on the country and the specific airport's security measures. It is always advisable to follow local laws and regulations regarding the possession and transportation of any substances, including marijuana, to avoid potential legal consequences.

Marijuana laws in different states

Marijuana laws in the United States are rapidly evolving, with 70% of Americans now in favor of legalization. While marijuana remains illegal at the federal level, 24 states have legalized it for recreational use, and 39 states have legalized it for medical use.

Recreational Use

Recreational cannabis is legal in 24 states, three US territories, and Washington, D.C. In these jurisdictions, adults over the age of 21 can possess, cultivate, and distribute marijuana for personal use without facing criminal penalties. However, the specific laws vary across these states regarding the allowed quantity for possession and cultivation. For example, in California, Amsterdam-style cafes where customers can consume marijuana are now legal, while in Colorado, the possession limit is two ounces, and cultivation is limited to six plants, with no more than three mature plants at a time.

Medical Use

Medical marijuana is legal in 39 states, four out of five permanently inhabited US territories, and Washington, D.C. In these jurisdictions, individuals with certain medical conditions can access marijuana for medicinal purposes with a valid recommendation from a healthcare provider. Ten other states have laws permitting the use of products containing cannabidiol (CBD), a non-intoxicating component of cannabis, along with small amounts of tetrahydrocannabinol (THC).

CBD Products

Cannabidiol (CBD) products derived from hemp and containing less than 0.3% delta-9-THC are legal and unregulated at the federal level. However, the legality of these products can vary from state to state. Additionally, ten states have passed laws permitting the use of CBD products with higher levels of THC for medicinal purposes.

Decriminalization

Even in states where marijuana is not fully legalized, many have taken steps towards decriminalization. This means that while marijuana possession may still be illegal, the penalties are reduced, often resulting in fines or civil infractions instead of criminal charges. These decriminalization measures reflect a shift in public opinion and policy towards treating marijuana offenses as a public health issue rather than a criminal justice issue.

Federal Reform

Despite the growing number of states legalizing marijuana, federal reform has been stagnant. Marijuana is currently classified as a Schedule I drug under the Controlled Substances Act, which prohibits its use for any purpose. However, there are efforts underway to reclassify it as a less restrictive Schedule III drug, which would acknowledge its potential medical benefits and reduce the barriers to research and access.

Airports with lenient marijuana policies

As marijuana laws continue to evolve in the United States, airports have found themselves in a confusing situation due to conflicting state and federal laws. While marijuana remains illegal under federal law, which considers it a Schedule I drug, many states have legalized it for medical or recreational use, creating a tangled web of regulations that travellers must navigate. Despite this complex legal landscape, some airports have adopted more lenient policies towards marijuana possession.

Los Angeles International Airport (LAX) exemplifies this shift in policy. In California, individuals aged 21 and older are permitted to possess up to 28.5 grams of marijuana for personal consumption. LAX has aligned its policies with this state law, allowing passengers to carry the same amount through the airport. Similarly, Seattle-Tacoma Airport follows a comparable policy, reflecting the changing legal landscape in Washington state.

Portland International Airport takes a slightly different approach, permitting passengers to carry marijuana with them when flying within the state of Oregon. This policy acknowledges the legal status of marijuana within the state while also recognising the complexities of interstate travel with marijuana.

While these airports have adopted more permissive policies, they still advise passengers to be aware of the federal laws and the specific regulations in their destination states. This advisory highlights the ongoing complexities of marijuana legislation in the United States.

In contrast to the evolving landscape of state laws, federal agencies like the Transportation Security Administration (TSA) operate under federal jurisdiction. As a result, TSA security checkpoints remain subject to federal laws prohibiting marijuana. However, the TSA has clarified that its officers do not actively search for marijuana or other drugs. Instead, their focus remains on security and detecting potential threats.

The dynamic nature of marijuana legislation and policy adaptations at various airports underscores the importance of staying informed about the specific regulations in your jurisdiction. While some airports exhibit leniency, others, like Denver International Airport and McCarran International Airport, maintain a firm stance against marijuana possession on their premises, regardless of the legality of marijuana in their respective states.

Airports with strict marijuana policies

While marijuana may be legal in some US states, it remains on the no-fly list. This means that, officially, marijuana is not permitted in your hand luggage or checked luggage. The TSA's official stance is that if marijuana is found, it will be reported to the relevant authorities, even though searching for marijuana is not a top priority for TSA officers.

Some airports in the US have installed amnesty boxes where travellers can dispose of their marijuana before passing through the TSA checkpoint. For example, Colorado Springs Airport has amnesty boxes, and a notice at Los Angeles International Airport (LAX) informs passengers that while local officers do not have the jurisdiction to arrest individuals complying with state law, the TSA screening stations are under federal jurisdiction.

Airports in states where marijuana is illegal tend to have stricter policies. For example, McCarran International Airport in Las Vegas has amnesty boxes and signs informing travellers that marijuana is not allowed on airport property. Anyone found with a legal amount under Nevada law will be fined, and their product will be confiscated. Possession of more than the legal amount will result in arrest and a felony charge.

Denver International Airport has a similar policy, with travellers given the option to throw away their marijuana, put it in their car, or hand it off to someone else.

At Portland International Airport, officers will follow federal law regarding marijuana possession after the security checkpoint, but they have no problem with people possessing marijuana before security.

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