Originally Posted by
VelvetJones
This brings up an very interesting question. Initially I though the OP was insane and sure to be busted, but the more I thought about it, it does bring up an interesting legal question. If the OP is departing from a state where MM is legal and they have a valid prescription, even if the TSA stops them and calls the police, what are the police suppose to do? Technically the OP is not breaking the law in that state. Now MM is still illegal under Federal law, but the local airport LEOs are not Federal officers. Would the TSA really call the DEA or some other Federal agents for such a trivial offense? Is the fact that they're travel to a state where MM isn't legal even relevant? Good subject for research, I'm curious if there have been any existing cases.
http://caselaw.findlaw.com/us-9th-circuit/1265662.html
While this case was about crack and not marijuana, I think the logic shows pretty clearly that if TSA finds the material through a 'reasonable search', then they can refer it to the appropriate law officials (in this case the Feds) for prosecution. The evidence TSA found can be used in a court case against you.
If the 4th Amendment doesn't concern the TSA, then why would the 10th? In any case, the fact that you are traveling across a state line removes this out of 10th Amendment territory - it's a federal crime and TSA can call the feds.
I don't know much about MMJ laws, but I would assume that the states have carefully crafted the laws to avoid any inter-state travel issues. It may be that even the state law does not protect you if you attempt to transport across a state border. Can anyone clarify that?
ETA: Just read the Fofana decision. It does seem that if the marijuana is reasonably packed so that it is obviously not a threat to airplane security, TSA really can't poke around to determine whether or not it is an illegal substance. Do any airports have drug-sniffing dogs outside of the international customs area?