A loophole in Transportation Safety Agency (TSA) policy allows some passengers to travel while possessing marijuana. This comes in light of several changes regarding the legality of the drug in 20 states, causing struggles within the agency to produce a concise policy regarding marijuana.

While the TSA does not actively search for illegal substances when screening passengers, if they are discovered it is referred to local law enforcement agencies. But with rapidly changing policy in several states, those caught having marijuana in their belongings have been allowed to travel unhindered due to foggy TSA marijuana policy.

According to the TSA’s policy, “the final decision [to report a passenger] rests with TSA to allow any items on the plane.”

Travelers who have proof of a medical prescription for their marijuana or those travelling between states where it has been legalized for recreational have a higher chance of being able to board planes with the drug. Many TSA agents screening passengers for travel between these locations are generally more permissive as local law enforcement would take little to no action, especially in states where recreational use has been legalized.

National Organization for the Reform of Marijuana Laws founder Keith Stroup said, “I’m delighted to hear that because I think it shows that TSA primarily is acting as it was intended when it was established, to protect all of us when we travel on the airlines and to thwart terrorists. It is not supposed to be an anti-drug agency.”

Other factors such as medical prescriptions and the quantity of marijuana may also factor into the decision of whether or not the marijuana will hit 30,000 feet. Travellers who present a prescription for their marijuana are typically let through screening at a higher rate than those without it, even when planning to arrive in states where medicinal use is not yet legalized. The quantity of marijuana being transported also affects whether or not travellers are denied boarding. Most circumstances of those boarding with the substance have had an ounce or less, while those being arrested have been moving distribution quantities of the drugs in suitcases across state lines.

“I hear reports from people flying from one medical use site to another or flying from one part of California to another and they generally report that if they carry their authorization, they simply show the letter and are sent on their way and are allowed to keep their medicine,” Stroup said.

Despite these loopholes, travellers wanting to bring their stash with them should still be wary. Federal laws still recognize marijuana as an illegal substance while some states do not, which blurs legal lines for airline travellers. Medical marijuana fails to stand up to federal scrutiny as well since it is not recognized because there is no distinction made by federal policy. Airports and the TSA still fall under federal jurisdiction, and locations in areas where marijuana is legalized are no exception.

“Whether or not marijuana is considered ‘medical marijuana’ under local law is not relevant to TSA screening because TSA is governed by federal law and federal law provides no basis to treat medical marijuana any differently than non-medical marijuana,” TSA’s marijuana policy stated.

While lines remain blurred on whether or not passengers can bring marijuana with them on flights, the lax policy being implemented by the TSA provides hope for change for marijuana advocates.

“TSA’s screening procedures, which are governed by federal law, are focused on security and are designed to detect potential threats to aviation and passengers,” the TSA said in response to what future policy will bring. “TSA’s focus is on terrorism and security threats to the aircraft and its passengers.”