The Transportation Security Administration (TSA) has quietly revised its regulations to permit travelers to carry medical marijuana on flights, though specific details remain sparse. According to the TSA website, medical cannabis is now allowed in both carry-on and checked baggage, subject to what are described as 'special instructions.' The update was made without public announcement on April 27.
Policy Details and Enforcement
The TSA website states: 'TSA's screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for illegal drugs, but if any illegal substance or evidence of criminal activity is discovered during security screening, TSA will refer the matter to a law enforcement officer.' The page does not specify the permissible quantity of medical marijuana per passenger or the rationale behind the policy change.
The Independent has reached out to the TSA for comment on this development. It is important to note that the final decision on allowing items, including medical marijuana, rests with the individual TSA officer at the checkpoint.
Background: Reclassification of Marijuana
This policy shift follows the reclassification of state-licensed medical marijuana from a Schedule I to a Schedule II controlled substance. On April 23, Acting U.S. Attorney General Todd Blanche signed an order formalizing this change, which took effect four days before the TSA website update. Schedule II drugs are defined as having low potential for dependence, whereas Schedule I substances are considered to have no accepted medical use and a high potential for abuse.
The reclassification does not legalize marijuana federally but significantly alters its regulatory framework. It provides tax benefits for licensed operators and eases restrictions on research. This move largely legitimizes medical marijuana programs in the 40 U.S. states that have adopted them, allowing state-licensed producers and distributors to register with the Drug Enforcement Administration (DEA).
Schedule III drugs, by comparison, are categorized as having moderate to low potential for physical and psychological dependence. The previous Schedule I classification reserved for drugs without accepted medical use and high abuse potential.
