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Pot on a Plane – Marijuana and Travel Laws

A TSA agent dons rubber gloves at Washington Reagan National AirportThe Aspen/Pitkin County Airport will be installing special receptacles for Colorado travelers to safely and legally dispose of their marijuana before traveling. There is some confusion causing issues and has people asking, “Can I take pot on a plane?”

Colorado and Washington are recreational marijuana-friendly states and 20 states have approved it for medical use. However, that doesn’t mean it can travel. According to the state law, adults 21 and older may have up to an ounce of marijuana. The problem is that the changes clash with federal law. The Transportation Security Administration states on its website that it isn’t concerned with drugs and focused on security…

TSA security officers do not search for marijuana or other drugs. 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.

Whether or not marijuana is considered “medical marijuana” under local law is not relevant to TSA screening because TSA is governed by federal law and federal law provides no basis to treat medical marijuana any differently than non-medical marijuana.

Even if an item is generally permitted, 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. The final decision rests with TSA on whether to allow any items on the plane.

BUT…

Reports on both sides of the coin continue. Some passengers board with it without problems. Others have had their checked bag seized and been turned over to sheriff’s office. There is a huge grey area that seems to be causing most of the confusion.

Here is what is concrete…

Say you are flying from Denver/Seattle to New York or New Jersey for the Super Bowl, once you land – that pot you had in Colorado/Washington is now illegal and subject to the Port Authority of New York and police guarding Kennedy, LaGuardia and Newark airports. Even if you are flying to Colorado or Washington you will be subject to that state’s laws.

Don’t try to sneak it into your checked luggage even if you have it spiked in some brownies. The TSA has seized nearly 40 ounces of marijuana-laced food in checked luggage at the Aspen airport already this month.