Akerman Cannabis Practice Chair Jonathan S. Robbins was quoted in Food & Wine on the implications of TSA's updated guidance listing medical marijuana as a permitted item in carry-on bags and checked luggage, in the article "Can You Bring Cannabis on a Plane? The TSA's New Guidance, Explained."
The article explores the practical and legal implications of the update for patients who rely on medical marijuana, noting that despite the policy shift, travelers face a patchwork of state laws, airline policies, and checkpoint discretion that leaves significant uncertainty.
Jonathan explained that while TSA has announced its screening procedures are focused on security rather than the detection of marijuana, "this statement does not provide a hall pass to those traveling with cannabis." He noted that TSA can, and in some cases does, refer matters to local law enforcement.
Jonathan also cautioned that the guidance is limited to medical marijuana and that reciprocity is not guaranteed across states. "Many states do not offer reciprocity, so even if you are a medical marijuana patient in Pennsylvania, for example, that does not mean that you can possess marijuana (medical or otherwise) in Florida," he said. He added that while traveling with medical marijuana is safer than before, it is "not entirely risk-free," and recommended that travelers carry their medical marijuana ID card or prescription, keep products in their original packaging with receipts, and limit cannabis travel to flights between medical states.