In the United States, the Transportation Security Administration (TSA) updated its policies about traveling with medical marijuana, stating that it is legal to travel with hemp-derived Cannabidiol (CBD) products that contain no more than 0.3 THC on a dry weight basis or that are approved by the Food and Drug Administration (FDA).
This is good news for people who are afraid of flying since many consume legal CBD products to help manage anxiety. However, is it really legal to fly with CBD? The answer to that is that it depends depends on whether your CBD product is made from cannabis or hemp. While CBD derived from cannabis is still against the law on a federal level and prohibited on flights, CBD products derived from hemp is federally legal and is allowed to bring on a plane.
If you read carefully, TSA’s own page signals a wink to carry CBD by stating “TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers” and “do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer”.
With this in mind, it’s important to be cautious when travelling with CBD because laws around cannabis are quickly evolving and new rules and regulations will continue to surface. The unclear distinction between hemp and cannabis CBD products can cause confusion among travellers because federal authorities have yet to come up with definitive rules on CBD marketing and the regulations vary from state to state.
Here are some easy tips you can follow to prepare flying with CBD:
- Research the states laws on carrying CBD where you are travelling from and to
- Review the Certificate of Analysis (COA)/Lab Report of the CBD Product to confirm it contains less than 0.3% THC
- Properly package the CBD product and ensure they meet the requirements outlined by the TSA if it’s liquid-based (CBD oils, lotions, tinctures)
- Traveling with CBD internationally is not advised since hemp and marijuana are heavily regulated in some parts of the world and even personal use may result in severe criminal punishment.