New York legalized recreational cannabis possession in March of this year. Citizens 21 and over can carry up to three ounces of cannabis on them lawfully. But not all states have legalized recreational or medical cannabis. This has led to some confusion, especially around travel. However, New York Police and TSA agents have stopped seizing, arresting, and writing tickets to those who appear to have less than three ounces of cannabis on them at a time.
TSA
The TSA is a federal entity, but not a law enforcement agency. They cannot issue tickets or seize any contraband without police notified and then present. Any time they believe they come across anything illegal, or something suspected of being illegal, they pull the item and the individual aside until police arrive. From there, the police handle the situation.
Bart Johnson is the federal security director for 15 upstate airports, including Albany International. “We don’t seize it,” Agent Johnson said. According to the agent, they “just look for threats — explosives, knives, guns; we don’t look for illegally possessed narcotics. When we notice something suspicious on a pat-down or something like that and then we discover that it’s marijuana … so we’re looking to see if it’s a threat. … If it turns out to be something that appears to be an illegal substance, we notify law enforcement.”
Police
Albany County Sheriff Craig Apple works alongside Johnson at the Albany International Airport. In previous years, Sheriff Apple and his deputies would issue hundreds of tickets and make dozens of arrests for illegal cannabis possession.
Now, police are summoned by TSA agents if they find cannabis on a passenger or in their luggage. Sheriff Apple no longer issues tickets or makes arrests if the amount of cannabis appears to be less than three ounces, the legal limit. “We don’t take it anymore,” the sheriff said. “It’s legal if not more than three ounces and, well, have a nice day.”
Future
Since TSA agents are no longer actively searching for cannabis and cannabis infused items in New York, it could be safe for consumers to travel with it more openly. However, the TSA asks travelers to head caution. In a 2019 Instagram post, the TSA said, “Let us be blunt: TSA officers DO NOT search for marijuana or other illegal drugs. Our screening procedures are focused on security and detecting potential threats. But in the event a substance appears to be marijuana or a cannabis infused product, we’re required by federal law to notify law enforcement. This includes items that are used for medicinal purposes.”
Just remember to use caution when adventuring out to any airport with legal cannabis products.
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