Narcotics for migraine confiscated by TSA
Feb 14, 2019, 10:16 pm
#46
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I have no idea what caused this situation to happen, I was not there, and I have no other information aside from the OPs post. We see passengers coming through with rollaboards of nothing but medications, especially if they are traveling to or from treatment. I will not defend someone doing something against the SOP/Regs, so if that was indeed the case here, then there is no excuse.
Feb 15, 2019, 4:02 pm
#47
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I don't know much about drug laws, but I can't imagine that it's legal for a non-LEO to arbitrarily confiscate a controlled substance (i.e. narcotic pain medications) from an individual.
I also can't imagine that it's legal to dispose of a controlled substance by simply throwing it into a public trash receptacle where anyone could get hold of it.
Assuming for a moment that the OP's story is completely true (which I personally doubt), the TSO who performed these two actions may have committed some rather serious crimes.
Perhaps one of our resident legal eagles or LEOs can clarify the relevant laws for us.
I also can't imagine that it's legal to dispose of a controlled substance by simply throwing it into a public trash receptacle where anyone could get hold of it.
Assuming for a moment that the OP's story is completely true (which I personally doubt), the TSO who performed these two actions may have committed some rather serious crimes.
Perhaps one of our resident legal eagles or LEOs can clarify the relevant laws for us.
Feb 18, 2019, 7:26 am
#49
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All that above being said, we still have nothing but a random post about how something happened, with no substantiation, so we are exercising in conjecture for most of the discussion.
Feb 18, 2019, 12:07 pm
#50
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The most obvious thing here, is that there has been one post, and it is completely unsubstantiated in any way shape or form. I have seen it stated that the TSOs are to offer the same options that they do for other prohibs (there are some cases that are different, like firearms, explosives, etc), however meds do not fall in that category. I am still not sure why they would have even blinked an eye at the meds, unless there was some other indicator of tampering, or some other questions about what was actually in the bottle.
All that above being said, we still have nothing but a random post about how something happened, with no substantiation, so we are exercising in conjecture for most of the discussion.
All that above being said, we still have nothing but a random post about how something happened, with no substantiation, so we are exercising in conjecture for most of the discussion.
I am unaware of anything on the TSA website that says that if meds are being confiscated, the pax is not allowed the option of completing a rigorous screening and an escorted exit back landside to dispose of the meds.
Feb 18, 2019, 2:00 pm
#52
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The most obvious thing here, is that there has been one post, and it is completely unsubstantiated in any way shape or form. I have seen it stated that the TSOs are to offer the same options that they do for other prohibs (there are some cases that are different, like firearms, explosives, etc), however meds do not fall in that category. I am still not sure why they would have even blinked an eye at the meds, unless there was some other indicator of tampering, or some other questions about what was actually in the bottle.
All that above being said, we still have nothing but a random post about how something happened, with no substantiation, so we are exercising in conjecture for most of the discussion.
All that above being said, we still have nothing but a random post about how something happened, with no substantiation, so we are exercising in conjecture for most of the discussion.
Feb 18, 2019, 4:01 pm
#53
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Bottom line is that it's possible that OP simply got all of this wrong and that the second Officer was in fact law enforcement of some kind. On the other hand, I can't imagine anyone -- LEO or not -- tossing controlled substances into a bin. So, as OP has never come back, we'll never know, but I suggest that the facts are not as he posted.
Feb 18, 2019, 4:09 pm
#54
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We'll never know if some of these reports are true.
I'm worried about how cops hijacked the word "narcotics." Pharmacologically marijuana, PCP, cocaine, LSD, mushrooms, amphetamines are not "narcotics." Heroin/morphine/codeine/fentanyl are, aince they are the ones that produce narcosis.
I'm worried about how cops hijacked the word "narcotics." Pharmacologically marijuana, PCP, cocaine, LSD, mushrooms, amphetamines are not "narcotics." Heroin/morphine/codeine/fentanyl are, aince they are the ones that produce narcosis.
Feb 20, 2019, 7:40 am
#55
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My original idea/comment was that I had seen comments reflecting that TSOs were not/did not have to give the same advisements as other prohibited items. There may be some situations that are different, but it would involve something more than just having prescription medication with you - we see thousands of medications daily, even at a smaller airport like mine (and never even blink twice over them).
I am unable to post processes or SOP or anything like resolutions without it being posted by HQ first.
The published information on medications can be found at TSA.GOV here.
TSA Blog Posts on the subject of traveling with medications can be found here.
Last edited by TWA884; Feb 20, 2019 at 8:05 am Reason: Merge consecutive posts by the same member; please use the multi-quote function. Thank you.
Feb 20, 2019, 9:14 am
#56
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For the record, the blog post on nitro pills was not true and the TSA website still reflects the fact that nitroglycerine pills, like any med, can be confiscated at any time because the screener always has the final say.
Also posted elsewhere in this forum is the regulation governing certain substances, the regulation that was cited as justification for confiscating my nitroglycerine pills. It's very strange that the regulation was not cited in the blog post or anywhere on the TSA website. It may be an FAA regulation, I don't know. It is, however, very real and it does apply at the checkpoint.
Also posted elsewhere in this forum is the regulation governing certain substances, the regulation that was cited as justification for confiscating my nitroglycerine pills. It's very strange that the regulation was not cited in the blog post or anywhere on the TSA website. It may be an FAA regulation, I don't know. It is, however, very real and it does apply at the checkpoint.
Last edited by chollie; Feb 20, 2019 at 10:06 am
Feb 20, 2019, 11:43 am
#57
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For the record, the original blog post gives the official position on Nitro meds. The What Can I Bring page gives a result that Nitro is allowed in checked and Carryon bags. Any time that is not followed, absent any indications that the medication has been altered to present a possible threat, is wrong. It has been stated here and at the Blog - repeatedly. If someone tells you that nitro meds are not allowed, they are wrong. Just like if this scenario played out like the OP says, and these items were not allowed into the sterile area in the absence of some alteration that presents a possible threat, would be wrong.
Feb 20, 2019, 11:52 am
#58
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For the record, the original blog post gives the official position on Nitro meds. The What Can I Bring page gives a result that Nitro is allowed in checked and Carryon bags. Any time that is not followed, absent any indications that the medication has been altered to present a possible threat, is wrong. It has been stated here and at the Blog - repeatedly. If someone tells you that nitro meds are not allowed, they are wrong. Just like if this scenario played out like the OP says, and these items were not allowed into the sterile area in the absence of some alteration that presents a possible threat, would be wrong.
What is wrong is that TSA gives final authority to the screeners to prohibit any item for any reason. To add injury the traveler has no immediate recourse available to them.
Feb 20, 2019, 12:07 pm
#59
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For the record, the original blog post gives the official position on Nitro meds. The What Can I Bring page gives a result that Nitro is allowed in checked and Carryon bags. Any time that is not followed, absent any indications that the medication has been altered to present a possible threat, is wrong. It has been stated here and at the Blog - repeatedly. If someone tells you that nitro meds are not allowed, they are wrong. Just like if this scenario played out like the OP says, and these items were not allowed into the sterile area in the absence of some alteration that presents a possible threat, would be wrong.
The current 'What Can I Bring' page notes that the screener has the final say on whether or not medical nitroglycerine is allowed or confiscated.
More importantly, the blog post did not cite the regulation banning certain substances that TSA (all the way up to suits) used as justification for confiscating my nitroglycerine pills. I have seen nothing to indicate that that regulation is no longer in force or has been changed to exempt medical nitroglycerine.
eta: this is an excerpt from the relevant post. It was posted in December by saizai in response to a post by gsoltso. Apologies for the format - I don't know how to link to an old post. (bolding mine)
That is an (alleged) interpretive rule, not a regulation. It interprets 49 CFR 1540.111 (which bans "a weapon, explosive, or incendiary", as well as firearms and ammo in some cases).
TSA's "interpretation" says this:
"Weapons. Weapons are objects that may be used to attack another. TSA considers an item to be a weapon under 49 CFR 1540.111 if it is created for use as a weapon or is so similar to an item created as a weapon that it appears to be, or is easily used as, a weapon.
Weapons include firearms, as well as realistic replicas of firearms that may reasonably be thought to be actual weapons. Such realistic replicas are prohibited because their similarity in appearance to real weapons may allow them to be used to intimidate passengers and flight crew. The screener has the discretion to determine when a replica is so realistic that it should be prohibited. Other toy weapons will be allowed in the sterile areas and cabin....
Explosives. Explosives are substances that explode or cause an explosion. While many explosives may have commercial uses, they clearly could be used to damage an aircraft or against passengers and flight crew members. Examples include dynamite, plastic explosives, blasting caps, fireworks, flares, gunpowder, hand grenades, and ammunition for firearms. Realistic replicas of explosive devices are prohibited for the same reasons that realistic weapons are prohibited: They can be effective in intimidating crew and passengers.
TSA's "interpretation" says this:
"Weapons. Weapons are objects that may be used to attack another. TSA considers an item to be a weapon under 49 CFR 1540.111 if it is created for use as a weapon or is so similar to an item created as a weapon that it appears to be, or is easily used as, a weapon.
Weapons include firearms, as well as realistic replicas of firearms that may reasonably be thought to be actual weapons. Such realistic replicas are prohibited because their similarity in appearance to real weapons may allow them to be used to intimidate passengers and flight crew. The screener has the discretion to determine when a replica is so realistic that it should be prohibited. Other toy weapons will be allowed in the sterile areas and cabin....
Explosives. Explosives are substances that explode or cause an explosion. While many explosives may have commercial uses, they clearly could be used to damage an aircraft or against passengers and flight crew members. Examples include dynamite, plastic explosives, blasting caps, fireworks, flares, gunpowder, hand grenades, and ammunition for firearms. Realistic replicas of explosive devices are prohibited for the same reasons that realistic weapons are prohibited: They can be effective in intimidating crew and passengers.
Last edited by chollie; Feb 20, 2019 at 1:31 pm
Feb 20, 2019, 2:23 pm
#60
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Moderator's Note: Topic Drift
Folks,
This thread is about the alleged confiscation of narcotic migraine medication, specifically Fioricet with Codeine.
While some natural deviation from the topic of this thread is obviously fine, please let's not rehash the extensive nitro pills confiscation debate in yet another thread.
Thank you for understanding,
TWA884
Travel Safety/Security co-moderator
This thread is about the alleged confiscation of narcotic migraine medication, specifically Fioricet with Codeine.
While some natural deviation from the topic of this thread is obviously fine, please let's not rehash the extensive nitro pills confiscation debate in yet another thread.
Thank you for understanding,
TWA884
Travel Safety/Security co-moderator