Even though CBD is a non-intoxicating ingredient of cannabis, CBD is still prohibited federally and as a result, traveling with CBD oil is still a grey area. CBD may be legal where you live, and it may be legal where you are going, but that plane ride in between is regulated by the Transportation Security Administration. The TSA is part of the US Department of Homeland Security, adhering to the laws of the federal government, which considers CBD an illegal substance.
According to TSA, all marijuana and cannabis infused products are illegal under federal law. By law, TSA officers are required to report any suspicious activity. However, TSA security officers do not actively search for marijuana or other illegal drugs. All TSA screening procedure is intended to protect aviation and passengers. Thus, TSA security officials are not to be searching for illegal drugs on passengers. In the event that a TSA official does observe an illegal substance on a passenger, they are supposed to notify law enforcement.
Grandma Does Hard Time For CBD
Take the story of Hester Burkhalter, for example. This sweet old grandmother did twelve hours in the big house, on charges of CBD possession. Despite the facts that she bought the CBD oil legally in North Carolina, and that she used it to alleviate her arthritis. CBD oil is illegal in Florida hence, when security officials in Disney World, Florida, found it in her purse, they tossed handcuffs on her. What could make this disturbing story even more ludicrous? Hester had a doctor’s note for the CBD.
Hester is not alone. Hundreds of law-abiding citizens are being locked up for carrying a non-intoxicating substance that they medically need. As a result, the government is gradually changing the laws.
Federal Laws Are Loosening On CBD
As CBD oil becomes more and more acceptable the TSA has been seen to review their laws. They recently changed to state that as long as the CBD is FDA approved, it is allowed on flights. Passengers can carry FDA-approved cannabidiol and hemp CBD products in their carry-on and checked in luggage.
“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.”
What You Need to Know Before Traveling With CBD Oil
The first thing you need to do before traveling with your CBD products is to know what is in them. For example, cannabis, hemp and marijuana are not the same thing. THC, tetrahydrocannabinol, is the intoxicating chemical in marijuana and can be up to 40% present in marijuana however hemp derived CBD products can contain less than 0.3% THC.
According to the 2018 Farm Bill, CBD is federally legal as long as it contains a very low level of THC. In addition, for the CBD to be federally legal there are restriction on how it it processed and it also cannot be sold as a food, drink, or cosmetic
Before you travel with your CBD oil you need to do your research and find out the laws in the State you are traveling to as each State is different. For example, in Texas, if CBD has a THC level greater than 0.0%, it is illegal. Unless the CBD was prescribed by a doctor to treat epilepsy (in this case, the CBD cannot contain more than 0.5% THC).
The law on CBD products is constantly changing and it becomes a challenge understanding and keeping up to date on them. Next time you want to carry your CBD product on a flight, take time to learn the updated laws. After all, this knowledge might save you from spending a night in the big house.
