You are now free to move about the country with your medical marijuana.
That’s the word from Transportation Security Administration officials, who seem to have quietly revealed a major policy change by posting an update to one of its web pages. On TSA’s “What Can I Bring?” page, medicinal cannabis is now marked with a green “Yes”:
The change on TSA’s web site was first reported this morning by Tom Angell.
“TSA security officers do not search for marijuana or other drugs,” agency officials wrote on the TSA site. “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 unclear exactly how far TSA screeners will go in referring the matter. That could look very different depending on whether a traveler is flying out of an illegal state like Iowa, or a legal state like Colorado. Patients departing from a legal state may need to show their medical marijuana card to local authorities, if alerted by TSA screeners. But the TSA officials themselves won’t stop the patient unless they deem an item a security risk. “Even if an item is generally permitted,” TSA’s web site advises, “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.”
When contacted by Leafly, TSA public affairs manager Lorie Dankers expanded on the agency’s position. She framed the web page change as a clarification of TSA’s existing policies on medical cannabis.
“TSA’s response to the discovery of marijuana is the same in every state and at every airport – regardless of whether marijuana has been legalized in a state,” she wrote. “TSA’s focus is on terrorism and security threats to the aircraft and its passengers. TSA’s screening procedures, which are governed by federal law, are focused on security and are designed to detect potential threats to aviation and passengers.”
“As has always been the case,” Dankers added, “if during the security screening process an officer discovers an item that may violate the law, TSA refers the matter to law enforcement. Law enforcement officials will determine whether to initiate a criminal investigation or what steps – if any – will be taken.”
The TSA public affairs office also sent this information to Leafly:
• Marijuana remains an illegal substance under federal law.
• The passenger’s originating and destination airports are not taken into account. Airport law enforcement will be notified if marijuana is discovered by a TSA officer during the security screening process of carry-on and checked baggage.
• Whether or not the passenger is allowed to travel with marijuana is up to law enforcement’s discretion.
Does This Represent a Federal Thaw?
The change represents a major breakthrough for medical cannabis patients. Before today, hundreds of thousands of patients had to either leave their medicine at home and try to obtain it in another state (which is usually impossible), or travel with it and risk being stopped by TSA officials. Screeners in some airports, like Denver, have generally taken a hands-off approach to cannabis in recent years. Screeners in other cities have not.
The TSA change could also be a sign that the federal government under the Trump administration is adjusting its cannabis policies to adapt to changing state legalization laws and an American public firmly in favor of medical legalization.
Just to be clear: The Transportation Security Administration is a federal agency. It is a subdivision of the US Department of Homeland Security. This policy change represents the first time a federal security agency has specifically allowed medical cannabis possessed by a member of the general public to pass through its screening process.
