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-   Practical Travel Safety and Security Issues (https://www.flyertalk.com/forum/practical-travel-safety-security-issues-686/)
-   -   Pot in your carryon (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/782299-pot-your-carryon.html)

fireworksboy May 3, 2008 2:44 pm


Originally Posted by dd992emo (Post 9670881)
I'm not trying to get anyone put on double secret probation, but SOP is referred to frequently in this forum and I'm surprised to see a TSA-type post that he/she ignores it.

I think you may have mis-read the post. He/she doesn't say anything about ignoring SOP - just that SOP doesn't involve searching bags for drugs without cause.

SMF TSO May 3, 2008 3:53 pm

deleted

fireworksboy May 3, 2008 3:56 pm


Originally Posted by SMF TSO (Post 9672102)
No, dd92emo got it right. While it's true that we're not allowed to initiate bag checks solely to search for drugs, we are supposed to contact a LEO if we find them incident to another search. I said I ignore that part of the SOP. Absent anything else, a bag of weed isn't worth the trouble it takes to report it.

Sorry, I misunderstood.

ralfp May 3, 2008 3:57 pm


Originally Posted by SMF TSO (Post 9670825)
I'm not going to post SSI, but we are supposed to notify a LEO if we discover suspected controlled substances;.

You mean controlled substances without evidence of a valid (ignoring the MJ issue for this) prescription, right? Lots of people legally carry controlled substances through airport security every day. I did it earlier last week.


Originally Posted by SMF TSO (Post 9667432)
Regardless if the airport is run by the city, county or transit bureau, the screening checkpoint is considered a "Federal Area." Our LEOs (Sacramento County Sheriff) do indeed confiscate marijuana, whether the passenger has a prescription or not.

What does the CA law say about CA cops confiscating legal (for CA) pot? Are they allowed to do that?

ralfp May 3, 2008 4:07 pm


Originally Posted by SMF TSO (Post 9670825)
I'm not going to post SSI, but we are supposed to notify a LEO if we discover suspected controlled substances;.

You mean controlled substances without evidence of a valid (ignoring the MJ issue for this) prescription, right? Lots of people legally carry controlled substances through airport security every day. I did it earlier last week.


Originally Posted by SMF TSO (Post 9667432)
Regardless if the airport is run by the city, county or transit bureau, the screening checkpoint is considered a "Federal Area." Our LEOs (Sacramento County Sheriff) do indeed confiscate marijuana, whether the passenger has a prescription or not.

What does the CA law say about CA cops confiscating legal (for CA) pot? Are they allowed to do that?

SMF TSO May 3, 2008 4:17 pm

deleted

dhuey May 3, 2008 4:45 pm


Originally Posted by Superguy (Post 9118513)
...Despite the questionable constitutionality of them turning an administrative search into a criminal search, I wouldn't advise it unless they plan on challenging the law with the help of a good lawyer.

I wouldn't advise such a challenge, no matter how good the lawyer is.

n5667 May 4, 2008 2:27 am

At our airport, our local cops don't confiscate medical marijuana... We report it, they're given proof of prescription, and off it goes -- though I wonder if there's ever a temptation to contact the final destination if it's outside the state of California.

I mean, medical marijuana is a joke, it's like crack and coke -- a way for rich people to get around the rules that apply to everyone else, but... whatever.

ralfp May 4, 2008 11:26 am


Originally Posted by SMF TSO (Post 9672150)
I'm assuming you're talking about something like codeine pills that aren't in a prescription bottle. The SOP doesn't specifically address that. I couldn't tell the difference valium and viagra just by looking at the pills. But if I came across a gallon-sized Ziplock bags full of pills, it'd definitely raise an eyebrow.

I was talking about controlled substances in general, whether in a labeled pill bottle or not. You said you are supposed to notify a LEO if you find suspected controlled substances, full stop.

It sounds absurd to ask, but then I think of the recent case in FL where a guy was sent to jail for possessing controlled substances legitimately prescribed to him (he was not allowed to offer the existence of a legitimate prescription as a defense).


Originally Posted by SMF TSO (Post 9672150)
I can tell you that someone caught with pot without a prescription is cited with CA H&S 11357B. I think, but can't say for sure, that people with a prescription are charged with a federal statute, since the checkpoint is technically a federal area and CA cops can enforce federal law.

AFAIK nothing, besides perhaps orders from a superior, requires a LEO to enforce the law. Given the current political situation, I'd hope that a CA LEO would decide to ignore medical MJ with a CA prescription and ask that a federal LEO be called ("The captain has turned off the 'I care' sign.")


Originally Posted by n5667 (Post 9673424)
At our airport, our local cops don't confiscate medical marijuana... We report it, they're given proof of prescription, and off it goes -- though I wonder if there's ever a temptation to contact the final destination if it's outside the state of California.

^


Originally Posted by n5667 (Post 9673424)
I mean, medical marijuana is a joke, it's like crack and coke -- a way for rich people to get around the rules that apply to everyone else, but... whatever.

Are you a doctor? No. Are the people that made the decisions to ban marijuana doctors? No. Does the DEA allow research into whether the medical use of marijuana is effective? No. (Believe it or not I have never used marijuana.)

Oh, and cocaine is a legal drug.

dhuey May 4, 2008 11:38 am


Originally Posted by ralfp (Post 9674594)
...It sounds absurd to ask, but then I think of the recent case in FL where a guy was sent to jail for possessing controlled substances legitimately prescribed to him (he was not allowed to offer the existence of a legitimate prescription as a defense)....

Do you have a link to any press reports on this? If not, do you know the guy's name?

pinkcat May 4, 2008 11:45 am

cant you smoke it before you go?, my sister, a nervous flyer, once smoked a whole rollie in the smoking area at LHR and no one batted an eyelid

n5667 May 4, 2008 12:24 pm


Are you a doctor? No. Are the people that made the decisions to ban marijuana doctors? No. Does the DEA allow research into whether the medical use of marijuana is effective? No. (Believe it or not I have never used marijuana.)
I think pot should be legal -- but my gripe is that people abuse the medical marijuana laws, and those people are rich, not poor.

I know how it works, some people do benefit from it, but it's a loophole for many more people to just get high legally. Look into it, it's no big secret how easy it is to get a prescription.

ralfp May 4, 2008 12:55 pm


Originally Posted by dhuey (Post 9674627)
Do you have a link to any press reports on this? If not, do you know the guy's name?

"Tampa airport police arrested O'Hara in August 2004 after they found the hydrocodone and a small amount of marijuana in his illegally parked and unattended bread truck.
...
"Under the law, simply possessing the quantity of pills he had constitutes trafficking."

The guy spent two years in jail for possessing 58 Vicodin pills that he had been prescribed. He was arrested at an airport and sentenced to 25 years in prison for drug trafficking (for the Vicodin, not the marijuana).

http://www.sptimes.com/2007/07/26/Hi...ll_in_li.shtml


Originally Posted by n5667 (Post 9674779)
I think pot should be legal -- but my gripe is that people abuse the medical marijuana laws, and those people are rich, not poor.

I know how it works, some people do benefit from it, but it's a loophole for many more people to just get high legally. Look into it, it's no big secret how easy it is to get a prescription.

What of it? Wealthy and well-connected people also have an easier time getting questionable prescriptions for opiates, benzos, etc. Does that make drugs like morphine, Xanax, etc. jokes in the same way that the "loophole" makes medical marijuana a joke?

BigFlyer May 4, 2008 8:55 pm

Even without a doctor's recommendation, possession of up to an ounce of marijuana in CA is a maximum $100 fine, and no jail time allowed. They cannot arrrest you, they can only issue you a citation. And, since it is technically a misdemeanor, you can request a jury trial, which means the DA will drop the charges. No DA wants to try a jury case where all they can get is a measly $100 fine.

By the way, while the maximum fine for possesion of up to an ounce of marijuana is $100, the minimum fine in CA for parking in a bus zone or handicapped zone is $250.

YCTTSFM May 4, 2008 10:17 pm


Originally Posted by n5667 (Post 9673424)
I mean, medical marijuana is a joke, it's like crack and coke -- a way for rich people to get around the rules that apply to everyone else, but... whatever.

Really? When was the last time you experienced the pain and appetite loss of terminal cancer? Have you ever even taken even the tiniest responsibility for daily care of a cancer patient?

Morphine doesn't work for everybody, aspirin doesn't work for everybody. Even if medical marijuana didn't work at all beyond placebo effect, how does this harm anyone else?

And especially, how is it going to endanger a commercial passenger plane?


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