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TSA Changes Rules on Medical Cannabis (Quietly)

TSA Changes Rules on Medical Cannabis (Quietly)

Old May 29, 19, 7:17 am
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TSA Changes Rules on Medical Cannabis (Quietly)

Heard a snippet on my local news about changing rules on Medical Cannabis. Seems to find this announcement one has to go looking for it as TSA has kept very quiet about it.

Medical Marijuana

After reading the blurb from TSA I'm not so sure that this doesn't muddy the water even more.

......... and as always:
The final decision rests with the TSA officer on whether an item is allowed through the check point.
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Old May 29, 19, 11:31 am
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This is no different than TSA's stance regarding prescription drugs. As someone pointed out to me recently, TSA's 'Can I take?' page says medical nitroglycerine is permitted - except when it isn't.

The final decision rests with the TSA officer.

A more truthful and accurate way of stating it would be: "Nothing is allowed unless a screener says it is".
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Old May 29, 19, 11:55 am
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Originally Posted by chollie View Post
This is no different than TSA's stance regarding prescription drugs. As someone pointed out to me recently, TSA's 'Can I take?' page says medical nitroglycerine is permitted - except when it isn't.

The final decision rests with the TSA officer.

A more truthful and accurate way of stating it would be: "Nothing is allowed unless a screener says it is".
Believe I was the one to point out the change regarding nitroglycerin. Before the noted change there was no specific mention at all.
And as I said in the original comment I think TSA muddied the water on medical cannabis and still leaves the provision that the rules are whatever a single screener says they are at any given time. No way to conduct screening in my opinion. No way to hold TSA accountable for whatever process is in play on any day or CYA to the MAX!
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Old May 30, 19, 11:41 am
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Originally Posted by Boggie Dog View Post
Heard a snippet on my local news about changing rules on Medical Cannabis. Seems to find this announcement one has to go looking for it as TSA has kept very quiet about it.

Medical Marijuana

After reading the blurb from TSA I'm not so sure that this doesn't muddy the water even more.

......... and as always:
It's amazing to me that the agency who swears up one side and down the other that they don't search for drugs has now given the American people permission to fly with medical pot.
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Old May 30, 19, 11:48 am
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Wait - what happened to the mandatory reporting requirement? I thought TSA claims that any alleged drugs encountered 'incidental' to a search MUST be reported to LE.

I'm surprised some enterprising TSO hasn't bypassed local LE and called the feds. Transporting illegal drugs across state lines is a federal crime, right? And marijuana is still illegal under federal law, no exceptions.
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Old May 30, 19, 12:59 pm
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Originally Posted by chollie View Post
This is no different than TSA's stance regarding prescription drugs. As someone pointed out to me recently, TSA's 'Can I take?' page says medical nitroglycerine is permitted - except when it isn't.

The final decision rests with the TSA officer.

A more truthful and accurate way of stating it would be: "Nothing is allowed unless a screener says it is".
This is my standard response to both the TSA blurb on "what can I take" and when individuals ask if they can bring a particular item on board:

In actuality, TSA allows nothing. Using “screener discretion" TSA can confiscate ANYTHING no matter what’s on a list or what @AskTSA says is o.k.
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Old May 30, 19, 5:57 pm
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The Federal prohibition on marijuana seems like quite an albatross around their necks at this point.
Do you want the doctors or the Feds to tell you what's an effective or reasonable medicine?
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Old May 30, 19, 6:16 pm
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I don't understand how screeners now have the individual discretion to violate a federal mandatory reporting law.
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Old May 30, 19, 6:34 pm
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Originally Posted by yandosan View Post
The Federal prohibition on marijuana seems like quite an albatross around their necks at this point.
Do you want the doctors or the Feds to tell you what's an effective or reasonable medicine?
Or even better an underpaid TSO.
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Old May 30, 19, 6:56 pm
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A close reading of TSA's announcement reveals that very little has changed. There is only one drug approved by the FDA that is made from cannabis sativa, just one. The other part of the change is CBD oil made from hemp .

This article explains both components of the rule well

TSA updates 'medical marijuana' regulations to reflect FDA-approved drug containing cannabidiol

The "medical marijuana" section of the guidelines now says “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.” Medications fitting that description can be packed in both checked and carry-on luggage — albeit with special instructions.
So those living in states that are in violation of current federal law will see no change.
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Old May 30, 19, 7:25 pm
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Originally Posted by chollie View Post
I don't understand how screeners now have the individual discretion to violate a federal mandatory reporting law.
Yes, but is mandatory reporting required by an actual law? We have yet to see any CFR reference to mandatory reporting of suspected illegal substances.
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Old May 30, 19, 7:26 pm
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Originally Posted by Boggie Dog View Post
A close reading of TSA's announcement reveals that very little has changed. There is only one drug approved by the FDA that is made from cannabis sativa, just one. The other part of the change is CBD oil made from hemp .

This article explains both components of the rule well

TSA updates 'medical marijuana' regulations to reflect FDA-approved drug containing cannabidiol



So those living in states that are in violation of current federal law will see no change.
TSA clerks wouldn't understand the differences if it hit them between the eyes. We are told that they aren't trained on drug interdiction at the academy (and, of course, we believe it), so they will have to rely on their own personal experience or what they see on HBO.
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Old May 31, 19, 6:03 am
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Originally Posted by WillCAD View Post
Yes, but is mandatory reporting required by an actual law? We have yet to see any CFR reference to mandatory reporting of suspected illegal substances.
Yes, we are still waiting for that piece of information. I'm guessing it doesn't exist.
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Old May 31, 19, 7:26 am
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Originally Posted by petaluma1 View Post
Yes, we are still waiting for that piece of information. I'm guessing it doesn't exist.
They sure don't seem to be able to point out the exact language that requires such reporting. Just more "Trust Us" which is the last thing I would do for TSA.
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Old May 31, 19, 7:31 am
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Originally Posted by WillCAD View Post
Yes, but is mandatory reporting required by an actual law? We have yet to see any CFR reference to mandatory reporting of suspected illegal substances.
TSA can, and probably does, have its own set of regulations, policies, and standard operating procedures that are not codified in any CFR. As it is CFRs are not laws in the sense we typically think of laws and really are more administrative laws that cut across the whole Federal government. For instance the US Army has hundreds of regulations, field manuals, training manuals, standard operating procedures, etc., from the very highest Army-wide level down to the lowest unit level and the majority of those are not based on a CFR. That said there are some instances where a CFR is based on law and the CFR lays out how the Federal government will comply with and enforce the law. Typically the CFR lays out general guidelines and charges Federal agencies with enforcing the law and requires they develop their own appropriate set of regulations, etc. It’s a bit of a gray area sometimes hard to understand even to those of us in the Federal government. Bottom line is there may be a CFR that requires Federal agencies to adhere to and enforce Federal controlled substance laws but most probably doesn’t get down to the detail that TSA personnel are required to report suspected substances. That more likely is a TSA level regulation, policy, or other appropriate guideline.
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