Over the past couple of years, Washington D.C. and over 30 states have made medicinal cannabis legal along with its derivatives. The movement is still ongoing, with many other states in the process of taking the steps in order to legalize the cannabis plant in the near future for recreational and medicinal purposes.
However, even in countries such as the US where medicinal and recreational cannabis both are available in various areas, it is viewed as risky to travel with CBD oil as well as other hemp-derived products.
Although everything above is definitely true, in general, there have been numerous changes in the laws governing cannabis and hemp. Changes in public perception, approval by the FDA of the very first prescription CBD drug, and passage of the 2018 Farm Bill all have had significant impacts.
The Transportation Security Administration (TSA) changed its regulations recently on some kinds of cannabis-infused products, and that means it just got a little easier to travel with CBD.
In this article, we at Alpha Botanicals will be covering the changes that have been implemented by the TSA and discuss everything you need to know when it comes to traveling with CBD oil these days.
Is CBD Oil Legal?
When it comes to the legality of CBD, it is a very confusing subject.
To begin with, it is very important to thoroughly understand the differences between hemp and marijuana. Marijuana is the word that is used for describing cannabis plants that produce levels of THC over 0.3%. On the other hand, hemp refers to varieties of cannabis where not enough THC is made to produce an intoxicating effect. Hemp plants, on average, contain less than 0.3% THC, and this is not anywhere near to the amount that is needed in order to generate a “high.”
Cannabidiol, or CBD for short, is a compound that is contained in both marijuana and hemp. However, at the federal level, marijuana, as well as products coming from the plant, are illegal. Therefore, it is against the law to transport them.
However, the production and distribution of hemp were both legalized with the passage of the Farm Bill of 2018. This bill also took cannabidiol off of the Schedule I Narcotics list, which means that on the federal level the natural compound is legal – as long as certain requirements are met.
In order for CBD to be legal, it must contain under 0.03% THC, be extracted from plants that are grown in certain conditions, and meet other requirements that are detailed in the 2018 bill.
Is It Legal To Fly With CBD Oil?
Although hemp has been legal for some time, the stance of TSA on hemp-derived products stayed the same until they recently updated their page called “What Can I Bring?”
They changed the wording in late May, stating that FDA-approved medical cannabis items are allowed in checked bags and carry-on bags. This update also states that you can fly with CBD oil items, but they must be derived from plants with THC concentrations of less than 0.3%.
With all that in mind, the TSA clearly states that the final decision for allowing a product or item is up to every individual agent. Therefore, there always is a chance that your items could be confiscated.
An important thing to note is that the change in policy occurred after the first CBD-infused drug was approved by the FDA, which only can be prescribed to children who have severe epilepsy. However, even if hemp-derived products are technically covered by the update, flying with CBD oil might still pose risks depending on the area you are visiting.
States have laws of their own, so they need to be considered before you travel with CBD oil. Since the TSA guidelines have been changed, there are reports of individuals being detained in certain airports for traveling with CBD oil. Therefore, it is always a good idea to play it safe and confirm that CBD is allowed in the specific state that you are visiting before you board the airplane.
5 Tips for Traveling With CBD Without Any Problems
Despite the fact that the TSA changed its regulations, you might still run into issues when you attempt to fly with CBD oil. Although at the federal level it is allowed, cannabidiol might be regulated by local authorities still. Therefore you must exercise caution any time you are planning a trip where you want to take your CBD oil bottle with you.
The following are 5 tips to allow you to travel CBD products without running into issues.
1. Take The Certificate of Analysis for the Product With You
All reputable CBD oil companies will have a CoA, or certificate of analysis, available. It is a lab test that a third party conducts and confirms your product’s chemical composition, which includes the THC concentration. It is always a smart idea to travel with the certificate of analysis since it helps you prove your prove adheres to federal and local regulations.
2. Packing and Transportation
CBD oil, like all liquids, must be packed based on TSA’s requirements. It will just raise suspicion if you wrap your oil in your clothes or stash it separately. Instead, you should place the container in a plastic bag with the other liquids you are traveling with.
Also, keep in mind, any liquids that you fly with inside your carry on bag must be less than 3.4 ounces, so 1-ounce tinctures are fine. If you have bigger bottles, you should leave them at home. Under the “What Can I Bring” TSA policy on vaping devices, you can take CBD vape pens. However, under the policy, they specifically would like you to keep vape pens in your carry on. That is most likely so that the device is not in a low-pressure place for very long.
For all other CBD items, the TSA states they can be packed in either your checked bag or carry on.
3. Research the State that You Plan to Visit
Many people mistakenly think that state legislation is automatically trumped by federal law. However, that is not always true. In order to avoid any possible issue, research the state you are planning to visit. States like Florida and Texas have very strict laws on CBD. Therefore, knowing what the local rules are can help you make an informed decision.
4. Carry Your Prescriptions along with any Relevant Documentation
Carrying your prescription with you along with the relevant documentation also can save you from plenty of hassles when you are flying with CBD oil. It is particularly important for parents of children who take Epidiolex, which is a CBD drug that is FDA-approved. It is always important to remain patient and calm at all times, whether or not your items are seized.
5. Remain Calm and Do Not Argue with TSA Agents
TSA is very clear that every individual agent makes the final decision regarding whether or not you are allowed to take your CBD products with you. No matter what decision is made, do not argue with security agents since it will probably make things worse, particularly if you argue over the legality of hemp and the technical aspects surrounding this issue.
Stay Current on CBD Regulations and Laws Regarding Traveling with CBD Products
CBD oil is definitely becoming a very popular alternative for individuals of all ages. This movement has started to be reflected in the recent changes that the TSA has made to its flying regulations.
However, people traveling with cannabidiol might still run into issues, depending on the product’s source, as well as individual circumstances, and the state they are traveling to.
If you are considering traveling with CBD on an upcoming trip, consider the above tips to help minimize the chances of running into problems.
For more information on CBD oil, browse through our shop or contact our Alpha Botanicals team and we will be very happy to help you.