TSA Policy on Medical Marijuana Is Murky but May Be Easing
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iStock/Thinkstock(NEW YORK) — Travelers with prescription pot are receiving an unofficially relaxed response from Transportation Security Administration agents, according to recent reports.
Now that 20 states have legalized marijuana for medical purposes and two have given recreational use the green light, the TSA’s adherence to federal law makes for a somewhat grey and sticky situation at airports.
“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,” the agency states on its website.
But whether the herbs in question will be turned over to local authorities is at the discretion of the TSA, and historically responses have varied on a case-by-case basis.
Irvin Rosenfeld had been prescribed medical marijuana for 19 years when he was prevented from boarding a flight in 2001, according to a lawsuit he filed against the airline.
More recently, those who have presented prescription identification in certain states have been allowed to travel without issue, according to an official with the National Organization for the Reform of Marijuana Laws, or NORML.
“I’m delighted to hear that because I think it shows that TSA primarily is acting as it was intended when it was established, to protect all of us when we travel on the airlines and to thwart terrorists. It is not supposed to be an anti-drug agency,” Keith Stroup, an attorney and founder of NORML told Lawyers.com.
“What nobody feels 100 percent comfortable with is it’s a grey zone you’re going through. It’s technically still illegal even though they aren’t enforcing it very strongly,” Stroup added.
The TSA did not immediately respond to requests for comment by ABC News on the possibility of revising the agency’s policy regarding marijuana. The agency’s public relations office is currently closed due to the government shutdown.
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