Can you travel with CBD? More specifically, can you take CBD Oil on a plane? Currently, the answer is a bit complicated. While the Farm Bill of 2018 made hemp-derived CBD with .3% THC or less legal at the federal level, and products can be sold and shipped to all 50 states—there are a few things you need to know before you travel with your preferred supplement or CBD products.
TSA Has Updated Their Medical Marijuana
The TSA recently updated their guidelines in terms of accepting only hemp-derived CBD with .3% or less THC in both checked and carry on luggage. The guidelines as of 11/19 state:
Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers 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.
That being said, TSA is not customs, and state law trumps federal law.
State Law Trumps Federal Law
If recreational marijuana is legal in your state and you are traveling with marijuana or hemp-derived CBD, without crossing state lines—go ahead and travel. You should also be ok if traveling from one state to another that have both legalized marijuana. For example, driving or flying from California to either Washington or Oregon. Where things can get tricky is if a state has not yet legalized marijuana and their state law prohibits CBD, or if their CDB laws are unclear. State law always trumps federal law, which is why a record number of both national and international travelers have been arrested for any THC products this year—mostly while passing through customs. Some travelers have even been convicted of a felony drug offense for having federally legal .3% THC. And don’t be tempted to put your product in another container, as drug tests only test for the presence of THC—not the percentage, so keep products in their original container.
Can CBD go through airport security?
The TSA’s updated guidelines allow for hemp-derived CBD products with 0.3% THC or less to go through airport security in both carry on and checked luggage. However, it is important to note that state laws can still vary, so it is best to check before traveling with CBD products. Additionally, be prepared to show proof of the product being hemp-derived and within the legal THC limit.
TSA now allows for CBD in carry on luggage, individual airlines may still have their own restrictions and policies in place. It is best to check with your airline before traveling with CBD products.
Can you take CBD gummies in checked luggage?
It's legal to bring CBD gummy products in your checked luggage if you can prove that the gummies are hemp-derived and have less than 0.3% THC, like a lab report or certificate of analysis. TSA may ask to see this documentation if they come across the product during a baggage search.
Can You Take CBD Oil On A Plane Also?
FAA regulations that went into effect in January of 2020 state that products containing no more than 0.3% THC on a dry weight basis are permitted to be taken on board commercial aircraft. CBD oil also falls under this regulation, as long as it is hemp-derived and within the legal THC limit. It is best to have documentation, like a lab report or certificate of analysis, to prove that the product meets these requirements in case TSA asks for proof.
What happens if you get caught with edibles while flying?
If a TSA officer discovers marijuana or cannabis-infused products during a baggage search, they will refer the matter to a law enforcement officer. Whether or not you face legal consequences for having these items depends on the laws in both your departure and arrival states, as well as any potential federal charges.
International Travel Is Even Trickier
Things get even trickier when traveling internationally as every country has different laws regarding both marijuana and hemp-derived CBD. It’s best to err on the side of caution and not to bring CBD with you. If you do choose to bring it, make sure you are aware of the laws in both your departure and arrival countries. Keep in mind that depending on the country, possession of even small amounts of marijuana can result in severe consequences such as high fines or jail time.
Should You Travel With CBD?
We know you rely on CBD for relief, but it’s always better to err on the side of caution. When traveling internationally keep the CBD at home, even if it’s legal in the country you are traveling to as it may not be legal in countries you layover in. However, explore your CBD options once you arrive. Until the customs and state law complications around CBD being allowed on planes are sorted out, it is best to leave your CBD at home when flying within the 50 states. That being said, CBD is legal in the US, so go ahead and have your CBD shipped to your hotel or your friend or family member’s house.