Despite conflicting policies, how to navigate the medical cannabis travel regulations
A recent Transportation Security Administration update and the persistent prohibitions at local airports continue to complicate medical marijuana travel regulations for industry and patients. Although the TSA revised its policy to allow for medical marijuana to be carried in checked and carry-on luggage, some airports, like Denver International Airport, continue their strict prohibitions against all cannabis products. This situation is changing in tandem with the U.S. Department of Justice reclassifying state-licensed medicinal marijuana.
TSA Updated Position and Officer’s Discretion
On April 27, the TSA published an update to its online guidelines stating that both checked and carry-on bags can now contain medical marijuana. This report was published by The Denver PostClarifies federal agency policy on medical marijuana transport through airport security checks. TSA guidance does note that it is up to the TSA officers whether or not an item can be allowed through the checkpoint.
TSA’s screening procedures focus primarily on detecting possible threats to passengers and aviation. According to the TSA, its officers are not trained to search for illegal substances. TSA policies state that, in the event of any evidence or illegal substance being discovered, it will be reported to an officer. TSA does not provide specific information regarding the maximum amount of medical cannabis per passenger on a flight.
Local Airport Laws and Interstate Commerce Laws
Local airport authorities can still enforce their policies despite the TSA’s new guidance. Denver International Airport for example, has a complete prohibition of marijuana use on the airport’s property. There are no exceptions made for medical purposes. The Denver Post reported that this policy prohibits the use, sale, transportation, transfer and distribution of marijuana in the airport.
The local enforcement of the law creates an issue of jurisdiction, particularly since recreational marijuana use is also legalized by 24 U.S. state and District of Columbia. Despite the legality of medical marijuana in each state, federal law continues to prohibit its transportation across state boundaries. The federal ban on medical cannabis remains an important consideration for anyone contemplating a trip.
Federal Reclassification: Industry Impact
The U.S. Department of Justice reclassified medical marijuana licensed by state governments as Schedule II drugs on April 23, adding another layer of regulation. The DOJ views medical marijuana now as having lower dependence potential.
The fragmented legal system governing the travel of medical cannabis is evident to both the industry and the patients. These varying directives can create uncertainty for both operators and patients regarding legal transport of prescribed cannabis products in the air travel system.
Disclaimer: The information contained in this article does not constitute medical advice. Hemp Gazette is not a medical provider and does not offer diagnoses or treatment plans. Consult a healthcare professional before you make any decision regarding your health. The Therapeutic Goods Administration in Australia (TGA) has not evaluated any statements regarding the therapeutic use of cannabis or hemp-derived products. TGA regulations allow Australians to access medical cannabis through prescription.