It is the most wonderful, wait, traveling time of the year….but what happens if they discover you’re bought a little treat?
Nearly half the country plans to travel between Thanksgiving and the middle of January, according to the 2023 Deloitte Holiday Travel Survey. “Revenge travel” may be fading but in its place, the recent restricted years seem to leave behind a legacy of enthusiasm for exploration. Among the 5% of Americans planning international trips, a greater number intend to visit South America and Asia, although the Caribbean, Mexico, and Europe remain the most popular destinations.
While over 50% of the people live in places where cannabis is legal, the US, unlike Canada, is firm is still federally illegal. As such, the federal agency, Travel Security Administration’s (TSA) stance remains clear of it is a no-go.
“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,” according to TSA’s website.
However, flying with small amounts of marijuana is happening daily becaue TSA officers are not explicitly looking for marijuana.
“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers,” TSA says.
“If any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer,” the agency continues.
“Airport law enforcement will be notified if marijuana is discovered by a TSA officer during the security screening process of carry-on and checked baggage,” TSA spokesperson Lorie Dankers wrote in an email to SFGATE. “Law enforcement officials will determine whether to initiate a criminal investigation or what steps — if any — will be taken.”
But, in most cases, airport security won’t report those carrying small amounts of weed.
Neil Hallinan, a San Francisco-based criminal defense attorney, told SFGATE that such arrests would be a waste of law enforcement resources.
“Is it illegal to carry it through security? The short answer is yes, on the federal level it is,” Hallinan said. “But is it the kind of thing that the federal government wants to expend resources to enforce? No.”
This article originally appeared on Benzinga and has been reposted with permission.