Originally Posted by
saizai
Actually, there are 3 in total that I found through archive.org:
- May 9, 2017 through July 2, 2017
Carry On Bags: No
Checked Bags: No
TSA security officers do not search for marijuana or other drugs. In the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.
Whether or not marijuana is considered legal under local law is not relevant to TSA screening because TSA is governed by federal law. Federal law provides no basis to treat medical marijuana any differently than non-medical marijuana.
- May 27, 2018 through May 11, 2019
Carry On Bags: No
Checked Bags: No
Possession of marijuana and cannabis infused products, such as Cannabidiol (CBD) oil, is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and cannabis infused products. TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer.
- May 26, 2019 through present
Carry On Bags: Yes (Special Instructions)
Checked Bags: Yes (Special Instructions)
Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.
Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.
None of the above were properly promulgated by TSA, nor even published by them in the Federal Register.
FDA's action in clearing a CBD product has no relevance whatsoever. TSA is not trained to identify FDA-approved products, nor does it have any bearing on the "security of transportation", nor are "non-FDA-approved products" even on TSA's
last officially published prohibited items list.
And note that it's illegal for TSA to detain anyone, or anything, for any period of time, for any reason not strictly related to security screening. If they "wait for police to arrive" before finishing a screening, e.g., they're violating clearly established law (
Terry v. Ohio &
US v. Davis).