It’s OK to pack medical marijuana when heading to the airport in California, but whether those products will still be with you when you land remains somewhat of an open question, experts say.
At the end of April, the Transportation Security Administration quietly updated its “What Can I Bring?” web page to reiterate that medical marijuana is fine to bring aboard a flight in a carry-on or pack into a checked bag — with special instructions.
The Times reached out to TSA for clarity on what those special instructions are, but officials did not provide an explanation.
In any case, there’s a pretty major asterisk. The agency notes that “the final decision rests with the TSA officer on whether an item is allowed through the checkpoint.” And a patchwork of state laws regulating marijuana means not all airports will treat the products the same.
The TSA said its policy on medical marijuana has not changed, but the website update occurred after the Justice Department and Drug Enforcement Administration announced they would issue an order to place FDA-approved drugs containing cannabis derivatives and marijuana products regulated by a state medical marijuana license in the Schedule lll category of the Controlled Substances Act.
That means the products are considered to have moderate-to-low potential for physical and psychological dependence.
“For the first time, qualifying medical marijuana activity is recognized within a federal Schedule III structure rather than being treated uniformly as Schedule I contraband,” said Meital Manzuri, managing partner with Manzuri Law, which specializes in cannabis and hemp law.
Under this categorization, there is now a legal basis for medical patients to travel with qualifying medical marijuana products consistent with the rule, Manzuri said.
Was I ever allowed to have marijuana on a flight?
In practice, TSA largely stopped actively policing personal-use marijuana years ago, particularly in states like California where the drug is legal, according to Manzuri.
“TSA exists for security purposes and they’re explicit about that,” said Vincent Joralemon, director of UC Berkeley’s Life Sciences Law and Policy Center.
At a TSA checkpoint, officers aren’t necessarily looking for marijuana, but a person or baggage could be flagged for additional inspection and the drug could be found then, Joralemon said.
A more humorous example of this, he said, is a 2015 Instagram photo from TSA of an open jar of peanut butter. Next to it was marijuana wrapped in cellophane stained with peanut butter — items that were confiscated at San José Mineta International Airport.
Some airports were more relaxed when it came to allowing marijuana on planes.
Los Angeles International Airport adopted a permissive local policy several years ago allowing passengers age 21 and older to possess specific amounts of cannabis at the airport within the limits of California state law, even though cannabis remained federally illegal, Manzuri said.
Experts say issues with passengers bringing marijuana onto flights typically occur when:
- quantities suggested commercial distribution or trafficking
- there were broader law enforcement or security concerns at the time
- the traveler had otherwise been flagged.
“So operationally, TSA’s posture softened well before this federal rescheduling rule,” Manzuri said.
Can I take recreational marijuana on a flight?
No. The DEA’s federal order did not broadly legalize cannabis federally, Manzuri said.
What is allowed:
- Food and Drug Administration-approved products containing cannabis derivatives
- Marijuana products regulated by a state-issued medical license.
Can I pack medical marijuana on my next flight?
The answer isn’t simple. Experts say it depends on where you’re flying to and from.
Under the new scheduling order it’s OK to: Travel between states that allow medical marijuana, such as flying directly from California to Nevada.
Joralemon’s advice: Keep the product in its original packaging with a prescription label, and have your valid state medical marijuana identification card with you.
This would, according to the April FDA order, put that marijuana into Schedule III along with something like Tylenol with codeine, he said.
When there might be issues: If you’re flying from California to Texas, or have a layover there, officers may enforce Texas state law, including in the terminal.
“Texas does not recognize out-of-state medical cards, and treats any possession of marijuana as a crime,” Joralemon said.
You technically can fly out of a California airport with your medical marijuana, but “the risk is you actually might get arrested when you land in Texas, because Texas doesn’t allow this,” he said.
Ultimately TSA officers have the final say of whether an item is allowed through a checkpoint, according to the agency.
Expert’s advice on flying with medical marijuana
“Ideally, try not to travel with marijuana until this is all settled,” Joralemon said.
If you need to take your medical marijuana with you, TSA did not provide guidance on whether you need to provide any kind of documentation to validate the item.
If you can, buy legal medical marijuana when you get to your destination, Joralemon said.
“That is imperfect advice, but probably better than the uncertainty of travel right now,” he said.
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