The United States is finally overhauling its longstanding, stringent viewpoint on marijuana.
A number of states have legalized both medical and recreational marijuana and more are expected to follow suit.
But there’s a lot of confusion about the legal status of CBD, which has become ubiquitous recently.
Despite the Industrial farm bill legalizing the production of industrial hemp on a federal level, the final call regarding the legal status of CBD may rest with the states.
This hodgepodge of laws at the federal and state level is sending out mixed signals to travelers who are skeptical about getting caught with a vial of harmless CBD oil, or with a bottle of medical marijuana.
To add to the confusion, the TSA recently updated their policy on carrying medical marijuana on airplanes within the United States.
Here’s the deal.
CBD products are currently legal to carry on an airplane provided that they contain less than 0.3% of THC.
But how does the TSA officer distinguish between CBD oil, marijuana oil (containing more than 0.3% of THC) and hemp seed oil, all of which may have identical product labels?
They certainly don’t have on-site testing for cannabis products.
That’s precisely why traveling with CBD is one of the trickiest situations that people find themselves in.
In this brief primer, we will share with you all the details that you need to know before boarding an airplane with a CBD oil vial in your carry-on. We have also thrown in some tips that will allow you a turbulence-free ride, right from the time you enter the airport until you deboard the airplane.
What does the TSA say about CBD oil?
In May 2019, the TSA quietly updated their policy on the ‘What you can bring page’ on their website.
Quietly, because there was no official announcement about it until the media got a whiff of it.
As of today (when this article was posted), their official policy states this.
‘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’
This is pretty much on par with the Federal Government guidelines on CBD products.
As long as the oil is sourced from industrial hemp and contains less than 0.3% of THC, you can fly with it within America.
Most of the CBD oil sold in the United States is extracted from Industrial hemp and meets the guidelines set by the Federal government. So you should face no problems traveling with it.
But some CBD oils can also be extracted from Marijuana. These can contain more than the stipulated 0.3% concentration of THC.
While these may be perfectly legal in the state you live, that may have legalized medical marijuana, traveling with these may land you in a soup.
Any Marijuana-based product with more than 0.3% of THC is impermissible in an airplane and is banned under the TSA’s policy.
Can you carry CBD oil in your carry-on or do you need to check it in?
CBD products are allowed both, in checked-in luggage as well as in carry-on luggage.
The only criterion is that the bottle of oil must be 3.4 ounces or less in size to be allowed in the carry-on.
That doesn’t mean that you can waltz through security with CBD oil in your pocket though. Far from it.
In May last year, the TSA posted on Instagram that their screening procedures focus on potential threats to travelers and airplanes. They are not looking for weed, medical or otherwise. (https://www.instagram.com/p/BwfOvpnHWOr/)
However, if they do spot a traveler with what looks like a cannabis-derived product, they will bring it to the notice of a law enforcement officer to look at it.
This means that even if you are carrying CBD oil, you may have to undergo additional screening so that the officer can determine that you aren’t trying to sneak in Marijuana.
There’s no clarity on how they determine this.
You may be asked questions or asked to furnish further details of the product that you are carrying, like the Certificate of Analysis, or COA.
Eventually, it may not land you in legal trouble. But it’s certainly enough to stress you out or cause a delay in boarding the airplane.
Ultimately, the final decision to allow the product through the checkpoint rests on the TSA officer.
So your product may very well be turned away or even worse, confiscated.
What type of CBD products can you carry?
CBD is proven to reduce anxiety. It’s only natural to want to fly with it especially if you have aviophobia or fear of flying.
You’d be glad to know that the updated TSA guidelines mean that you can carry almost any type of CBD product on to an airplane.
Here are some tips for flying with CBD oil or CBD in any other form.
- CBD Oils, Tinctures and liquids: If you wish to bring that bottle of CBD oil on the airplane, then ensure that you follow the TSA’s 3-1-1 rule for liquids. That’s 3.4 oz bottles or less packed in 1 quart-sized clear plastic bag and only 1 bag per passenger. If the bottle you are carrying is oversized or does not comply with this rule, then it may be turned away.
- Edibles: While it’s not routine nor mandatory, the TSA agent may request for the food items you are carrying to be screened. Ensure that you screen the CBD edibles along with these.
- Capsules: As long as the CBD capsules, pills or even softgels that you are carrying do not contain more than 0.3% of THC, you are good to go. These are not considered as liquids.
- Vapes: You can carry vape cartridges and bottles on the airplane along with the batteries and pens. The 3-1-1 rule applies to the liquids. Vape cartridges and pens with rechargeable batteries are not allowed in the check-in luggage.
- Travel with clearly labeled product in the original packaging: Do not conceal the bottle in any manner or even wrap it in clothes as this only raises suspicion about the contents. Carry the CBD oil in the original container rather than in an unmarked container. If you are asked questions, be confident when you reply.
- Be aware of the concentration of THC and verify it: In a nutshell, buy from a reputed brand only that provides you with a COA when you purchase the product.
What are your options if your CBD oil is confiscated?
In case the TSA agent refuses to allow the CBD oil on to the airplane, you can always take a dose before you board the aircraft.
You have the option of mailing the remaining bottle to yourself or just discarding it.
Do not argue over the legality if the TSA agent confiscates your CBD products. It may only make matters worse or extend the delay.
Tips for traveling with CBD Oil
Here are some more tips to travel with CBD oil, just in case.
Stay informed about updated laws
Irrespective of whether you are taking a road trip or traveling by airplane or by a luxury cruise liner, it is important that you are aware of the legal requirements of traveling with CBD.
Flying internationally with CBD: CBD must be legal not only at your point of departure but also at the destination. It is extremely important to review the laws in both places before you carry it with you. Canada, for example, has some of the most lenient laws when it comes to carrying medical marijuana within the country. But the border laws state explicitly that you cannot carry CBD outside, nor travel with it into Canada.
A British tourist was awarded a 10-year sentence for carrying CBD cartridges into Dubai last year.
CBD’s legal status differs from one country to the other. In the European Union, different member states have set different limits for the concentration of THC allowed in the products. In Italy, you can carry CBD products that have up to 0.6% of THC. It’s just 0.2% in Ireland and 0% in Norway. The best you can do is stay informed about the latest updated status of CBD in the place that you are traveling to.
As of today, here’s a list of the countries where CBD is legal provided that the concentration of THC is within the permitted limits.
(List goes here)
Driving within the United States with CBD: Within the United States, you are legally allowed to carry CBD in any state as long as it’s hemp-derived. However, the laws are all over the place when it comes to marijuana-derived products. Both medical and recreational marijuana is legal in the State of California, for example, where you can carry up to 28.5 grams of Marijuana provided you are above 21-years of age. In the neighboring state of Arizona, you are allowed 2.5 ounces of medical marijuana only if you have one of the few listed conditions. Recreational marijuana is illegal and criminalized. If you are carrying Marijuana-derived CBD oil, then you’d want to double-check the laws in each state before you embark on the journey.
Taking CBD on a cruise line: CBD oil is the perfect anti-emetic that can help minimize nausea that accompanies sea travel. Sadly, most major cruise lines explicitly prohibit carrying CBD oil and CBD infused products. These include:
- Royal Caribbean
- Regent Seven Seas Cruises
- Carnival Cruise Line
- Disney Cruise Line
- Oceania Cruises
- Norwegian Cruise Line
- Celebrity Cruises
- Princess Cruises
- Azamara
If you are traveling on a cruise line that is not listed here, contact them and enquire about traveling with CBD oil before you board the ship.
Carry the certificate of Analysis with you
Most reputed CBD brands include a COA or certificate of analysis that shows the exact concentration of CBD and THC in the product. Always carry this with you so that you can share it with the TSA agent in case you are stopped for additional screening. If the COA was not included in the package when you bought the product, check the website. You should be able to download a copy and print it for travel use.
Carry any prescriptions with you
If you or your child have been prescribed Epidiolex, the only FDA-approved CBD-derived drug, then it is important to carry a valid prescription with you when you travel.
Can TSA dogs smell CBD oil?
It can be pretty intimidating and even scary when you have TSA agent dogs walking around you as you wait to clear security.
But be rest assured that the dogs aren’t trained to sniff out CBD. They are there to sniff for narcotics and weapons.
Having said that, there’s a very slim possibility that a TSA dog might smell the tiny trace amount of THC in the CBD oil that you have on a person and mistake it to be marijuana.
This only reemphasizes the importance of traveling with a valid COA and a clearly labeled bottle.
Can you use CBD on the flight?
Yes, you can.
There is no restriction on using CBD products (except vape) on airplanes.
So if you plan to take a dose or two during the journey to keep nausea or aviophobia at bay, you are free to do so.
Traveling without CBD
All said and done, you have the option of leaving your CBD oil at home and buying a bottle at the destination once you arrive.
CBD is easily available in most states in the United States.
Chances are that you wouldn’t have to go too far out of the airport to find a grocery store or a big box store that stocks it.
This saves you from all the hassles and risks that come with traveling with CBD.
You do not have to worry about your CBD products being confiscated by a TSA agent, nor do you have to worry about the authenticity of the COA that you got from the manufacturer.