When did TSA update their prohibited items list to include marijuana?
#91
A FlyerTalk Posting Legend




Join Date: Sep 2006
Location: where the chile is hot
Programs: AA,RR,NW,Delta ,UA,CO
Posts: 49,087
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE.
So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE.
Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun?
Or did they see weed and pull the bag solely to investigate the weed?
FWIW, a truly random bag search would be a search of a bag flagged prior to the xray.
#92




Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,879
Re-read the OP.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE.
So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE.
Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun?
Or did they see weed and pull the bag solely to investigate the weed?
FWIW, a truly random bag search would be a search of a bag flagged prior to the xray.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE.
So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE.
Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun?
Or did they see weed and pull the bag solely to investigate the weed?
FWIW, a truly random bag search would be a search of a bag flagged prior to the xray.
Which is why marijuana was added to the list.
#93
FlyerTalk Evangelist


Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,343
Re-read the OP.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE.
So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE.
Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun?
Or did they see weed and pull the bag solely to investigate the weed?
FWIW, a truly random bag search would be a search of a bag flagged prior to the xray.
Supposedly, the courts have upheld that TSA can't actually search for drugs, but if they are looking at something else suspicious and just happen to run across drugs, they are required to summon LE.
So: supposedly the TSOs saw something that looked like a potential threat to aviation security in this bag (which is what they are supposed to be watching for). They pulled the bag to investigate this suspicious item(s) and just happened to find drugs that had to be reported to LE.
Question still remains: what potential threat to aviation safety caused them to pull the bag in the first place? Or was it just a random bag search? Did they see an object that looked like a grenade? a handgun?
Or did they see weed and pull the bag solely to investigate the weed?
FWIW, a truly random bag search would be a search of a bag flagged prior to the xray.
#94
A FlyerTalk Posting Legend




Join Date: Sep 2006
Location: where the chile is hot
Programs: AA,RR,NW,Delta ,UA,CO
Posts: 49,087
That is not what the OP's cite says.
It says what we already knew: they are only 'allowed' (officially) to search for WEI. IF they encounter non-WEI contraband (marijuana, for instance) during their authorized search for WEI, then they have to notify LE. They can have ETD technology and explosive-sniffing dogs because explosives are prohibited. They are not supposed to have drug-sniffing dogs, because marijuana (or large amounts of currency) are not WEI, do not present a hazard to aviation security.
#95
FlyerTalk Evangelist




Join Date: Aug 2005
Location: Chicago
Posts: 11,679
United States v McCarty gave TSA a pretty good roadmap of how to conduct themselves so as to make any potential evidence 'discovered' during screening admissible. But if TSA had to defend putting Marijuana on the prohibited item list in proceedings under the APA, it wouldn't be an open and shut case.
#96




Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,879
Cite?
That is not what the OP's cite says.
It says what we already knew: they are only 'allowed' (officially) to search for WEI. IF they encounter non-WEI contraband (marijuana, for instance) during their authorized search for WEI, then they have to notify LE. They can have ETD technology and explosive-sniffing dogs because explosives are prohibited. They are not supposed to have drug-sniffing dogs, because marijuana (or large amounts of currency) are not WEI, do not present a hazard to aviation security.
That is not what the OP's cite says.
It says what we already knew: they are only 'allowed' (officially) to search for WEI. IF they encounter non-WEI contraband (marijuana, for instance) during their authorized search for WEI, then they have to notify LE. They can have ETD technology and explosive-sniffing dogs because explosives are prohibited. They are not supposed to have drug-sniffing dogs, because marijuana (or large amounts of currency) are not WEI, do not present a hazard to aviation security.
TSA has a statutory mandate which is pretty much WEI only. Some screening of people, too. Adding Marijuana to the list of prohibited items no more expands their statutory mandate beyond WEI than adding pink striped socks to the list of prohibited items. But an agency exceeding its statutory mandate is not necessarily a constitutional violation, and that makes it all the more difficult to detur agencies from exceeding their statutory mandates.
United States v McCarty gave TSA a pretty good roadmap of how to conduct themselves so as to make any potential evidence 'discovered' during screening admissible. But if TSA had to defend putting Marijuana on the prohibited item list in proceedings under the APA, it wouldn't be an open and shut case.
United States v McCarty gave TSA a pretty good roadmap of how to conduct themselves so as to make any potential evidence 'discovered' during screening admissible. But if TSA had to defend putting Marijuana on the prohibited item list in proceedings under the APA, it wouldn't be an open and shut case.
All TSA would have to say is that marijuana is an organic substance that can burn, fires are a danger to aircraft, and thus marijuana is dangerous to aircraft.
You can complaint about it all you want, but no court in recent history has put the brakes on anything the TSA has done.
#97
Suspended
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,077
The government has been violating laws for our entire lifetime. It's a big part of the picture of why the judiciary finds that the government has been on, or is on, the wrong side of the law. Apparently a government remains legitimate despite violating laws.
#98
FlyerTalk Evangelist




Join Date: Aug 2005
Location: Chicago
Posts: 11,679
Fofana did. But that's about it. The DC Circuit said TSA skirted the rulemaking process violating the APA, but that the body scanners don't violate the 4th Amendment. Probably the same for the prohibited items list which means it could be litigated, but it would be difficult.
#99




Join Date: Sep 2003
Location: Houston
Posts: 8,957
And so is tobacco, but it is not considered a prohibited item. Neither marijuana nor tobacco is a WEI, so the TSA has no authority to place it on the prohibited list unless it wants to include every combustible on the planet as prohibited (which would include books, newspapers and magazines).
#100




Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,879
And so is tobacco, but it is not considered a prohibited item. Neither marijuana nor tobacco is a WEI, so the TSA has no authority to place it on the prohibited list unless it wants to include every combustible on the planet as prohibited (which would include books, newspapers and magazines).
#101




Join Date: Sep 2003
Location: Houston
Posts: 8,957
Yet they still don't train TSOs to recognize marijuana, so what is the purpose? Can the TSA hold the marijuana like they hold liquids and small knives?
I wonder what will happen if the Federal Government formally agrees not to enforce federal law in those jurisdictions in which state law permits possession? For example, what would happen on my flight from DRO-DEN this month currently and if federal law is no longer formally enforced in the future if another passenger is found in possession of marijuana.
I wonder what will happen if the Federal Government formally agrees not to enforce federal law in those jurisdictions in which state law permits possession? For example, what would happen on my flight from DRO-DEN this month currently and if federal law is no longer formally enforced in the future if another passenger is found in possession of marijuana.
#102




Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,879
#104
Join Date: Dec 2006
Programs: DL DM
Posts: 1,212
What happens at SFO? The City of SF/ SFPD policy is to allow up to 8 oz. for passengers with prescriptions at SFO. If SFPD is called, they simply determine if the passenger has an effective prescription. Does the TSA then confiscate the medicine after the SFPD comes?

