Pubdate: Sat, 21 Feb 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Scott Woodham

WILL I BE ABLE TO CARRY POT ON A PLANE IN ALASKA AFTER LEGALIZATION DAY?

"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.

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  with "Highly Informed" in the subject line.
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MAP posted-by: Jay Bergstrom