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Does TSA check your luggage for marijuana?

April 20, 2023 by Addy Bink

(NEXSTAR) – While many states have legalized marijuana, things may be looking up for cannabis users nationwide. But not too high up, especially for those planning to fly anytime soon.

There are many items you’re allowed to bring aboard an airplane but when it comes to marijuana, the rules become a bit more complicated.

Marijuana itself remains illegal on the federal level, TSA reminds. That includes certain cannabis-infused products as well, like CBD oil.

However, cannabis products containing no more than 0.3 percent THC on a dry weight basis or those approved by the FDA are the exceptions. These items are permitted in both carry-on bags and checked bags, according to TSA.

These rules apply regardless of the departure or arrival airports.

“TSA’s response to the discovery of marijuana is the same in every state and at every airport – regardless of whether marijuana has been or is going to be legalized at the state level,” TSA spokesperson Lorie Dankers told Nexstar. “This also covers medical marijuana.”

Still, the agency’s main focus is on passenger safety and potential threats.

“The TSA has gone out of its way to say that its focus is not on marijuana,” Larry Mishkin, an Illinois lawyer at the Hoban Law Group, which offers legal services for individuals in the marijuana industry, recently told The Washington Post.

Though TSA notes its officers do not search for marijuana or other illegal drugs, officers are required to report any item they find that may violate the law during the security screening process to local law enforcement. Those authorities then decide what, if any, steps are taken next.

“Whether or not the passenger is allowed to travel with marijuana is up to law enforcement’s discretion,” Dankers adds. Either way, cannabis products can’t go through the security checkpoint if found.

Some airports, like Chicago’s O’Hare, offer cannabis amnesty boxes where travelers can ditch their weed before going through TSA. At Los Angeles International Airport, the LA Airport Police Division has “no jurisdiction to arrest individuals if they are complying with state law” while in possession of marijuana. But, the airport warns, TSA screening areas are still under federal jurisdiction – you may still have to ditch the weed, but you likely won’t be arrested.

Ultimately, as Dankers explains, “TSA’s focus is on terrorism and security threats to the aircraft and its passengers.”

(NEXSTAR ) – As many states have regulated marijuana things could be looking up for cannabis consumers nationwide. But don’t get too high, especially if you plan to fly soon.

Many items are allowed on an airplane, but marijuana is a little more complex.

TSA reminds that marijuana remains illegal at the federal level. This includes CBD oil and other cannabis-infused products.

Cannabis products that contain less than 0.3 percent THC by weight or those approved for travel by the FDA, are exceptions. TSA states that these items can be carried in carry-on luggage and checked baggage.

The rules are the same whether you arrive or depart from an airport.

TSA spokesperson Lorie Dankers told Nexstar that the TSA’s response when marijuana is found is the same at all airports and in every state, regardless of whether or not marijuana has been legalized on a state-level. “This includes medical marijuana.”

The agency is still focused on passenger safety, and possible threats.

The Washington Post recently reported that “the TSA has gone to great lengths to state that it is not focused on marijuana.” Larry Mishkin of the Hoban Law Group in Illinois, which provides legal services for those involved in the marijuana business, said this.

TSA officers may not be searching for illegal drugs or marijuana, but they are still required to notify local authorities of any items that could violate the law. These authorities decide what steps to take next, if at all.

Dankers says that it is at the discretion of law enforcement to decide whether or not a passenger can travel with marijuana. Cannabis products will not be allowed to pass through security if they are found.

Some airports like Chicago’s O’Hare offer cannabis amnesty bins where travelers can drop their weed off before going through TSA. Los Angeles International Airport has “no authority to arrest individuals who are in compliance with state laws” when they’re in possession of marijuana. The airport does warn that TSA screening areas still fall under federal jurisdiction. You may have to give up the marijuana, but you won’t likely be arrested.

As Dankers explained, the TSA’s main focus is on security and terrorism threats for aircraft and passengers.

Addy Bink
Author: Addy Bink

About Addy Bink

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