In an update perhaps better suited for April 20, on April 27, the Transportation Security Administration (“TSA”) added medical marijuana to the list of items permitted to be included both in carry on and checked baggage on flights. The policy notes that the permission is subject to “special instructions” which are not provided and that, as is common with TSA policies on permitted items, the final decision on allowing a given item rests with the TSA officer. Consistent with prior policy, the policy further notes that while the TSA does not actively search for illegal drugs, should a TSA officer find evidence of illegal activity they will refer the matter to law enforcement, but the prior policy previously mentioned “marijuana or other illegal drugs”. The policy follows the reclassification of FDA-approved marijuana and state-licensed medical marijuana from Schedule I to Schedule III by Acting U.S. Attorney General Todd Blanche on April 23. Adult use, or recreational marijuana remains on Schedule I, and the TSA policy does not offer guidance to TSA officers as to how to distinguish medical marijuana from adult use marijuana absent a medical recommendation or medical card. The new TSA policy may be found here: Medical Marijuana | Transportation Security Administration.
