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The U.S. Border Patrol reminds people with the legalization of marijuana in New Mexico and with the increased access this holiday season but while passing through New Mexico the possession of marijuana is still a federal offense.
The warning comes a year after licensed retailers in New Mexico began dispensing marijuana for recreational purposes and residents of neighboring states like Texas crossed the state line to purchase cannabis products.
The Border Patrol operates highway checkpoints in New Mexico on Interstate 10 near Deming, north of Las Cruces, south of Alamogordo and north of Columbus, among others. Agents there primarily check for immigration documents of people traveling to the interior of the United States, but they also make drug seizures under Title 21 authority of the U.S. Code.
“Border Patrol agents have drug enforcement authority. Marijuana is still a prohibited drug under Schedule 1 of The United States Controlled Substances Act. Therefore, U.S. Border Patrol agents will continue to take appropriate enforcement action against those who are encountered in possession of marijuana anywhere in the United States,” U.S. Customs and Border Protection said in a news release.
The New Mexico state police earlier also warned marijuana consumers that it’s illegal to drive under the influence of a drug. The New Mexico recreational marijuana law allows people to consume cannabis products in their homes or in lawfully designated areas, only.
If you know of illegal drug activity along the border, you can call CBP at 1-800-635-2509.
When traveling by air the TSA advises, that they are not looking for marijuana, but they will be forced to engage local law enforcement if it is found at a security checkpoint.
While Christmas and holiday travel is always an adventure, marijuana and air travel is on the minds of many individuals traveling from marijuana friendly states to other states. Even if traveling from one marijuana friendly state to another if you are flying your stash of fun is at risk. Even medical marijuana is at risk.
The TSA issued an advisory concerning traveling with marijuana. Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.
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.
TSA officers do not search for marijuana or other illegal drugs but are required to report any potentially illegal item they find during the security screening process to local law enforcement. Those authorities then decide what, if any, steps are taken next.
Questions for air travel with marijuana is answered by the Manzurli Law Firm
Is it legal for me to bring weed to the airport or onto the plane?
No. All airports, airplanes, and airspaces operate under the jurisdiction of federal law. Since cannabis is illegal under federal law, this means that flying with cannabis on any commercial flight – whether domestic or international – is also illegal under federal law. This remains true even if cannabis is legal in your state.
But, what if I have a medical recommendation?
Doesn’t matter. Even if you have a medical card, possessing cannabis is a federal crime in the U.S. Still, we suggest that you bring your recommendation with you at all times when you travel. Having it could only help you in case you get caught.
Is it true that the TSA doesn’t care about weed anymore?
For the most part, yes. The TSA has made it very clear on their website that they’re not concerned about people flying with pot: “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.” The TSA’s primary concern is security and detecting potential threats. Small amounts of weed are simply not a security concern to the TSA.
So, does that mean I can fly with weed without getting in trouble?
Not necessarily. What the TSA is saying is that they do not actively look for drugs, but if they happen to find any, they will rat you out to local police.
If I get caught, what will happen to me?
It depends. In pot-friendly states, TSA agents really don’t seem to care about small amounts of weed and will likely do nothing and let you board your flight. At most, the TSA agent will get local police involved, but even then, a local law enforcement officer would have little recourse in states such as California and Colorado, where possession of cannabis is legal.
Will the TSA K-9’s sniff out my stash while I’m waiting in line at security?
No need to freak out. Those K-9’s at the airport are BOMB dogs, not drug dogs. They are trained in detecting one thing only – explosives. Not the tiny amount of weed in your bag.
Can I smoke weed at the airport’s designated smoking area?
No. These smoking areas are designated for the smoking of tobacco products only. Also the state laws of California, Colorado, Oregon and Washington ban public consumption of cannabis, which necessarily includes designated smoking areas.
Is it illegal to be high on the plane?
No, federal law doesn’t prohibit passengers from flying under the influence of drugs. However, if you are too intoxicated, the airline may prevent you from boarding the aircraft if they believe that your behavior could become a hazard to crew members and/or other passengers.
What if I’m only flying within California or within another state where it’s legal?
Technically, this is still illegal because cannabis possession at the airport violates federal law. But just because something is technically illegal doesn’t mean that law enforcement is, well, enforcing the law. The experiences of passengers in states like Colorado and California have shown us that the TSA will likely just confiscate your pot and throw it away, as opposed to prosecuting you.
What if I’m flying cannabis from California to another state where it’s legal?
This is technically extra illegal due to the fact that it’s crossing state lines. But, again, what happens when you get caught will depend on local laws and law enforcement. It’s hard to envision a TSA agent in Denver arresting a passenger for bringing a small amount of weed from L.A.
Can I fly with cannabis on an international flight?
No, no, no. Do yourself a huge favor and don’t even think about trying.
Source: TSA and the Manzuri Law Firm
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