Can pax fly with marijuana?
#1
Can pax fly with marijuana?
#2
Well, in Part 91 it says:
That's a pretty permissive regulation for Part 91. Part 135 basically says you have to be in compliance with this. I don't know of anyone testing it, but because it says "or" in the verbiage, it should be legal to carry in and between states that authorize it...
Now, that's just the 14 CFR, other regulations may prohibit it...so there could still be laws that affect the criminality of this...just the FAA shouldn't be getting involved if it's legal where it's being transported.
§ 91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.
§ 91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.
(a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft.
(b) Paragraph (a) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.
(b) Paragraph (a) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.
That's a pretty permissive regulation for Part 91. Part 135 basically says you have to be in compliance with this. I don't know of anyone testing it, but because it says "or" in the verbiage, it should be legal to carry in and between states that authorize it...
Now, that's just the 14 CFR, other regulations may prohibit it...so there could still be laws that affect the criminality of this...just the FAA shouldn't be getting involved if it's legal where it's being transported.
#3
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,871
#4
Good luck enforcing this. THC vapes and edibles are very inconspicuous and go completely unnoticed. It's not 1972 anymore. No one is trying to fly with a bong or a brick of weed, but they are absolutely flying with drugs.
#5
Anyone who's been dropped off in LAS knows there are huge garbage cans very clearly marked for passengers to drop off their "recreational narcotics" before they go through federal screening and head to places that aren't quite as "open minded" as LAS.
I would very much like to know if in the whole history of LAS, have they ever been used? My understanding is that stuff is expensive. "Oh, what to do, what to do?"
My personal theory is that passengers consume every ounce of narcotics before they board (and probably buy some alcohol before they depart) prior to boarding.
I hate flying in/out of LAS.
(Don't get me started on vaping.)
I would very much like to know if in the whole history of LAS, have they ever been used? My understanding is that stuff is expensive. "Oh, what to do, what to do?"
My personal theory is that passengers consume every ounce of narcotics before they board (and probably buy some alcohol before they depart) prior to boarding.
I hate flying in/out of LAS.
(Don't get me started on vaping.)
#6
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,871
Anyone who's been dropped off in LAS knows there are huge garbage cans very clearly marked for passengers to drop off their "recreational narcotics" before they go through federal screening and head to places that aren't quite as "open minded" as LAS.
I would very much like to know if in the whole history of LAS, have they ever been used? My understanding is that stuff is expensive. "Oh, what to do, what to do?"
My personal theory is that passengers consume every ounce of narcotics before they board (and probably buy some alcohol before they depart) prior to boarding.
I hate flying in/out of LAS.
(Don't get me started on vaping.)
I would very much like to know if in the whole history of LAS, have they ever been used? My understanding is that stuff is expensive. "Oh, what to do, what to do?"
My personal theory is that passengers consume every ounce of narcotics before they board (and probably buy some alcohol before they depart) prior to boarding.
I hate flying in/out of LAS.
(Don't get me started on vaping.)
#7
On some international/redeye flights, it's almost like clockwork that the ECAM master warning will go off halfway through the flight. Jumped out of my skin the first couple times, but I'm used to it now. At least you're awake for the rest of the flight.
#8
Well, in Part 91 it says:
That's a pretty permissive regulation for Part 91. Part 135 basically says you have to be in compliance with this. I don't know of anyone testing it, but because it says "or" in the verbiage, it should be legal to carry in and between states that authorize it...
Now, that's just the 14 CFR, other regulations may prohibit it...so there could still be laws that affect the criminality of this...just the FAA shouldn't be getting involved if it's legal where it's being transported.
That language just lets aviation entities off the hook as far as responsibility for pax compliance.
But that does not make weed/THC legal anywhere in the US, it's technically not under federal law.
When states legalize the stuff, all they're doing is promising that the STATE won't penalize you or arrest you on behalf of the feds. That does NOT protect you from the fed itself, even in a weed "legal" state. Especially if you set foot on federal property/jurisdiction, such as a military base or courthouse.
Also you could have an issue if you divert to another state or even country. If you do, you need to toss that stuff in the trash at the first opportunity, don't try to bring it back through security in a place like WY, ID, etc. Although even some conservative states are shifting to a traffic-ticket model for personal use quantities, instead of jail.
Local/state police usually have an airport presence and I've seen drug dogs making the rounds in terminals recently. Yes that's legal, and no they don't need probable cause other than the dog alerting.
Of course if you carry enough to trigger whatever the local or federal threshold is for commercial possession, that's a whole different story, feds and many states will throw the book at you.
#9
Regarding the sniffer dogs...
You'd be astounded what they can actually smell (especially a breed like beagles), edibles sealed in a bag might not be dog proof.
Also if the state/local PD are taking a dog through the terminal, it *might* be trained for explosives, but it might also be trained for drugs.
Or it might just be a drug dog, local LE is 100% within their rights to take a drug dog through the terminals, which are almost always owned by local/state governments. They probably do that to try to catch traffickers with large quantities, but if you get caught with personal use stuff they can certainly take you in for that if it's a slow day.
And if you look like a dirty, nasty hippy... the dogs are pretty attuned to their handlers, if the handler thinks you might have drugs dogs will often pick up on that and alert just to make the handler happy. I'm OK with dogs for bombs, not so much for drugs honestly due to known reliability issues.
You'd be astounded what they can actually smell (especially a breed like beagles), edibles sealed in a bag might not be dog proof.
Also if the state/local PD are taking a dog through the terminal, it *might* be trained for explosives, but it might also be trained for drugs.
Or it might just be a drug dog, local LE is 100% within their rights to take a drug dog through the terminals, which are almost always owned by local/state governments. They probably do that to try to catch traffickers with large quantities, but if you get caught with personal use stuff they can certainly take you in for that if it's a slow day.
And if you look like a dirty, nasty hippy... the dogs are pretty attuned to their handlers, if the handler thinks you might have drugs dogs will often pick up on that and alert just to make the handler happy. I'm OK with dogs for bombs, not so much for drugs honestly due to known reliability issues.
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12-05-2012 08:29 AM