"Browerville Bud" asks Highly Informed: "What will be the rules on traveling by plane with cannabis? If I purchased cannabis in Anchorage (once it is legal to do so, of course), could I get on the plane with it in my carry-on? Checked luggage? Is it up to TSA to regulate this? Or the airline? Or FAA?"
Even though statutes are still taking shape, the short answer is yes. You won't be risking a hassle if you get on a plane in Anchorage after Feb. 24 and fly somewhere else in the state with a legal amount of cannabis or related products in your possession, either in checked baggage or your carry-on.
If you're traveling on one of Alaska's famed small bush planes, you won't encounter security screening, so the question doesn't really apply there.
That answer may change depending on the outcome of any pending rules or legislation, including local-option laws, or any rules air carriers may put in place. But the way things are now, the captain will turn off the seatbelt light on Feb. 24, and small amounts of cannabis will be free to move about the Great Land.
Read more Highly Informed: Seeking answers to Alaska's cannabis questions
Chief Jesse Davis of the Anchorage Airport Police and Fire Department said in an email that TSA doesn't screen travelers or luggage for controlled substances, but it does have the option to refer cases to airport police or local authorities.
"When called to respond, or when investigating in the course of their duties, the airport police will determine whether any state laws may have been violated," said Davis. "If not, travelers can expect to continue with their travel plans." He said that depending on the situation, a field interview lasting a reasonable amount of time may be necessary.
Cannabis is still federally illegal, though, and that means if state law doesn't have a way to adequately address a situation, the feds may step in. Davis said, "In cases where circumstances warrant, airport police may defer to federal agencies (DEA or FBI) for resolution on a case-by-case basis."
Davis couldn't be specific about what those circumstances commonly are or how much pot is usually involved, but said that "each case is unique and it is not merely numbers or amount, but a totality of the circumstances."
Reading between the lines on that a bit leads me to conclude that if, for instance, a person is carrying a quarter-pound (an illegal amount for an individual to carry under the new state law) but isn't being a rowdy jerk, and maybe is just trying to take a stash home somewhere remote, the feds probably won't be interested in getting involved. There may indeed be charges in a case like that, but my guess is they wouldn't be federal.
Federal involvement in cannabis cases usually doesn't occur unless very large quantities or commercial intent are involved. They're still being considered, but state laws may eventually specifically address situations involving possession or transportation of amounts bigger than the ounce allowed under state law but smaller than would interest federal law enforcement.
So all of this means that if anyone is found flying in-state with an ounce or less in their possession after Feb. 24, if TSA or airline or airport personnel refer the case to local law enforcement, just the possession won't result in a charge.
However, if any other uncool or prohibited behavior happens while you're holding, like stalling a boarding line because the tile is so fascinating, hot-boxing a lavatory, or loudly insulting the honorable king and queen of Thailand, a hassle with the law may indeed ensue. But not because of the herb -- because someone was being a nozzle.
No matter the laws, discretion will still be a solid rule of thumb. Using an airtight container would be a good idea. Offering free sniffs of dank flowers to fellow passengers -- no matter how much like blessed freedom they may smell -- also probably wouldn't be a good idea.
Have a question about marijuana news or culture in Alaska? Send it to cannabis-north@alaskadispatch.com with "Highly Informed" in the subject line.