It’s the time of year when everyone is celebrating a holiday, and with all that cheer can come stress — from planning, from shopping, from overeating and of course, from travel.
But even with the legalization of marijuana in Arizona and 18 other states and Washington, D.C., traveling with yuletide givings of green can be fraught, especially when traveling by plane.
Although marijuana was legalized about a year ago here in Arizona, it is still federally prohibited. So what does that mean for travelers looking to bring their stash with them on their holiday flight? Video by Edward Celaya/Arizona Daily Star
Part of that reason is because air travel is federally regulated in the United States by the Federal Aviation Administration, and security at most airports, including Tucson International Airport, is overseen by the Transportation and Security Administration.
According to Patricia Mancha, TSA spokeswoman for Arizona and most of the Southwest U.S., official federal policy toward marijuana and marijuana-derived products is that they remain illegal and prohibited from aircraft.
However, she noted that the focus of the agency is on safety, security and preventing acts of terrorism — not drug interdiction.
Although marijuana was legalized about a year ago here in Arizona, it is still federally prohibited. So what does that mean for travelers looking to bring their stash with them on their holiday flight? Video by Edward Celaya/Arizona Daily Star
“TSA’s screening procedures, which are governed by federal law, are focused on security and are designed to detect potential threats to aviation and passengers,” she said. “TSA doesn’t actively screen for marijuana or other illicit drugs.”
On a practical level, that means someone flying with a small recreational amount of marijuana or marijuana products probably won’t arouse suspicion, either for carry-on or checked bags.
Still, Mancha noted that when the TSA does come across contraband that is federally prohibited, agents are legally obligated to contact local law enforcement, regardless of state law in any given area. That goes for anyone with a medical marijuana patient card as well.
At TIA, the law enforcement agency most likely to respond is the Tucson Airport Authority Police Department.
According to Craig Reck, spokesman for Tucson Airport Authority, the department responds depending on how much marijuana or paraphernalia a traveler has on them.
With the passage of Proposition 207 last year, adults without a medical marijuana patient card can posses up to 1 ounce of marijuana flower without consequence in Arizona. For those with a medical card, the amount jumps to 2½ ounces.
“If it is more than that threshold, it will be confiscated,” Reck said. “The individual will then face potential criminal charges.”
Those charges are usually state charges, but because of the federal nature of airports, federal charges can also be added as well, said TAAPD Chief Scott Bader.
But what if someone is found with an amount within the state threshold?
“If it’s within that threshold for personal use, they will turn it over back to the individual and it’ll be on them to continue their journey.”
But Bader said that even if a passenger is deemed to be within the legal threshold here in Arizona, his agency does take into account where a person might be traveling to and if that state or jurisdiction is friendly to marijuana, recreational or otherwise.
“There are still federal laws about crossing state lines,” he said.
In addition to the various regulatory agencies policies toward pot, most airlines prohibit possession of marijuana on their planes, in accordance with federal law.
“Even if you were to say, ‘Hey Delta, I’m checking my bag, where should I put my medical marijuana?’ They would tell you, ‘Don’t even bring it,’” Reck said.
