(WJW) – Ohio is one of the most recent states to legalize recreational marijuana. About half the US has legalized recreational marijuana, and more states have legalized marijuana for medical use.
So, what does that mean for you when you’re flying to see friends and family for the holidays – or any other time of year?
The short answer is no. Most cannabis products remain illegal under federal law. Since TSA security is under federal jurisdiction, bringing marijuana through a TSA checkpoint could lead to criminal charges.
Here’s the TSA’s official statement on traveling with marijuana – which applies to both carry-on and checked bags.
Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.
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 marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.
TSA notes that its employees are not trained for drug screening and that they’re looking for security threats, not drugs.
The rules will likely change if marijuana is reclassified.
Marijuana is a Schedule I substance under the Controlled Substances Act.
In the spring, the U.S. Drug Enforcement Administration proposed to shift marijuana from a Schedule I drug, which includes heroin and LSD, to a less tightly regulated “Schedule III” drug, which includes ketamine and some anabolic steroids.
Federal rules allow for some medical uses of Schedule III drugs.
The proposed change faces a lengthy regulatory process, and there’s no timeline for the change as of now.
