Most CBD products will prominently display their cannabinoid content. Additionally, they will usually point out the fact that their product is under the legal threshold for THC content.
However, the situation in the US isn’t as straightforward as it appears. While state law may accept CBD oil, local decisions can still conflict with federal regulations. As such, it is always a good idea to research the local laws of the specific state you’re flying into.
The surest way to find out if CBD oil is legal in the country you are travelling to is by speaking to a customs agent or an embassy official. You may also be able to receive assistance from airline or airport officials. As CBD oil gains more acceptance across the globe, laws are subject to change, so checking them regularly is highly recommended—you might be pleasantly surprised!
In the United States, regulations for CBD have been put forth by the DEA (Drug Enforcement Agency). Legal CBD products must contain less than 0.3% THC—0.1% higher than in most parts of Europe. Many travellers have reported receiving a pass on small variations in concentration, but TSA regulations require agents to report any possible violations to law enforcement.
Given the distinction in guidelines between hemp-derived and marijuana-derived CBD, it is highly advisable to bring proof that what you are travelling with is the former. Reputable producers of CBD will have their products third-party tested to ensure the ratio of cannabinoids is correct.
In 2018, Hemp was reclassified as an agricultural commodity under the Agricultural Improvement Act and is no longer considered a controlled substance, which means that products using hemp-derived CBD are legal under federal law.
Under federal law, marijuana is still considered an illegal substance because of its THC-content and ability to induce psychoactive effects. Hemp contains no more than 0.3% THC, while marijuana can contain over 30% THC-content.
For cautionary purposes, it is highly recommended to print out the product’s lab report and have it readily available during your flight just in case you need to verify the product’s cannabinoid content with airport security.
Research the States You Are Travelling From and To
Is it legal? Could there be consequences? Can I travel to this state with it? Is it worth it?
Hemp and marijuana are both varieties of the cannabis plant; however, they are classified differently under the law due to their concentration of tetrahydrocannabinol (THC), the psychoactive compound found in cannabis.
“Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.”
To maintain the safety of travelers, the TSA prohibits certain items from being brought on board an aircraft, one of which is “medical marijuana,” including its derived products.
Besides packing the CoA, ”print out the latest regulations that TSA has posted, or have the link to the latest regulations on your phone,” Wolfe suggests. That way, if you encounter a new TSA agent or one unfamiliar with all the regulations, you have support.
If the anxiety of wondering whether you will get through TSA with your CBD is too overwhelming, it might be better to check out whether it’s legal at your destination and simply buy it there. One source for state laws on marijuana, CBD, and hemp is norml.org.
NBCDFW.com: “Traveling Grandmother Jailed for CBD Oil: ‘I Slept on the Floor… Next to the Toilet.’”
But many also wonder: Will my CBD get past the Transportation Security Administration (TSA)?
“Any good brand should be able to show you the CoA,” agrees Gary Avetisyan, who is co-owner of two Topikal stores in the Los Angeles area selling CBD products. That way, he says, it will be clear there is no THC or it is below the required 0.3%.
If you are traveling with medical marijuana or an FDA-approved drug, take your prescription with you in case there are any questions. Keep the marijuana and the prescription drug in original packaging.
The TSA’s updated regulations allow passengers to legally bring these products on board: