Numerous news organizations over the past week have run exaggerated headlines about a supposed change in the federal government’s policy on bringing marijuana into airports and on airplanes.
But it isn’t true, the Transportation Security Administration (TSA) tells Marijuana Moment.
“TSA’s policy on medical marijuana has not changed,” a TSA spokesperson said in an email on Wednesday.
“Per TSA’s website: If any illegal substance or evidence of criminal activity is discovered during security screening, TSA will refer the matter to a law enforcement officer,” they said.
While it is true that the agency’s listing for medical marijuana on the “What Can I Bring?” section of its website was updated on April 27, there was no substantive change in the policy.
The site currently says that “Yes,” travelers can bring medical marijuana in both carry on and checked bags, with special instructions.
But TSA cannabis policy has said “Yes” to medical marijuana, with the same caveats, since 2019.
Both the current version of the page that was updated last month and an archived version from seven years ago say the following:
“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 previous version also had this language about federally legal hemp products, but it has now been removed in the latest update:
“Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.
Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.”
Many news organizations that didn’t bother to compare the current version of the TSA page with the prior one seem to have assumed that the Trump administration’s move to federally reschedule cannabis last month had caused the air travel safety agency to make a change in its policy, but that is not the case.
“Periodic website updates occur for clarity and conciseness,” the TSA email to Marijuana Moment on Wednesday said. “TSA’s policy remains the same. No changes have been made.”
Other agencies, meanwhile, have made cannabis policy changes in line with federal rescheduling.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has posted a draft update to a gun purchase form to acknowledge the federally legal status of medical marijuana under rescheduling. The revised section in question notably says that only “use or possession of marijuana for recreational purposes” is federally prohibited, leaving out the prior form’s mention of medical cannabis.
The U.S. Department of the Treasury and Internal Revenue Service (IRS) said they plan to issue new tax guidance for the marijuana industry following rescheduling. The reform will benefit state-licensed marijuana businesses by allowing them to take federal tax deductions they’re currently barred from under an IRS code known as 280E that doesn’t apply to Schedule III substances.
Even the Drug Enforcement Administration (DEA), which has long opposed cannabis legalization and was accused of stalling the rescheduling process initiative by the Biden administration, has launched a registration process for state-legal marijuana businesses to take advantage of federal benefits that come with the reform.
The Department of Transportation, however, clarified last week that truck drivers, airline pilots and other federally regulated safety-sensitive workers still cannot use medical marijuana without being punished.
TSA, for its part, posted a marijuana-pun-filled rant to commemorate National Brownie Day back in 2020.
“We hear it’s National Brownie Day so we’re here to toke about something really sticky-icky-icky (ooh wee),” the federal agency posted to its Instagram account. “Hopefully this doesn’t post near 4:20, because we’re about to doobie down.”
Following that high-flying introduction was a public service announcement of sorts, warning travelers not to bring cannabis through airports.
“Marijuana whether dank or schwag, it isn’t dope in your carry-on or checked bag,” the post says, establishing a rhyme scheme and then immediately disregarding it: “This includes cannabis products and CBD oil, which remain illegal under federal law, except for products that contain no more than 0.3% THC on a dry weight basis or that are @FDA approved.”
Among the hashtags included in the post are “#NationalBrownieDay,” “USAtraveling,” “#leaveitathome,” “#chronnic” (misspelled) and “#maryj.”
Image element courtesy of Steve Fitzgerald.
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