Is CBD Allowed On Planes? Can You Travel With CBD in 2021?
Can you travel with CBD? 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.
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.
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.
If you are wondering if CBD allowed on planes or if you can travel with CBD in 2021, the answer is quite complex. While cleared by the TSA if .3% or less THC not all states, countries or custom agents comply.
Can You Travel with CBD Oil? What’s the Best Kind?
Ashley Rossi is always ready for her next trip. Follow her on Twitter and Instagram for travel tips, destination ideas, and off the beaten path spots.
After interning at SmarterTravel, Ashley joined the team full time in 2015. She’s lived on three continents, but still never knows where her next adventure will take her. She’s always searching for upcoming destination hotspots, secluded retreats, and hidden gems to share with the world.
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The Handy Item I Always Pack: “A reusable filtered water bottle—it saves you money, keeps you hydrated, and eliminates waste—win-win.”
Ultimate Bucket List Experience: “A week in a bamboo beach hut on India’s Andaman Islands.”
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Aisle, Window, or Middle Seat: “Window—best view in the house.”
You can get CBD oil in your coffee, buy CBD oil bath bombs, CBD oil lotions, and even CBD oil dog treats. It’s a buzz-worthy topic in the health and wellness space, but many travelers are left confused about its legality, especially when they’re considering taking certain products on a plane or traveling internationally.
First off, let’s define what CBD oil actually is. According to Merriam-Webster, CBD is “a nonintoxicating cannabinoid found in cannabis and hemp,” and that CBD oils contain cannabidiol. The types of oils that we’re referring to are oils derived from the hemp plant (not marijuana) and contain only a minimal amount (less than 0.3 percent) of tetrahydrocannabinol, or THC, which is the intoxicating or psychoactive compound of the plant that makes users feel “high.” It’s common knowledge that this minimal amount of THC does not produce noticeably intoxicating side effects.
Thanks to some recent legal changes around CBD at the federal level, it’s becoming a bit more straightforward. Here’s what I learned about traveling with CBD oil after speaking with Sherri Tutkus, BSN-RN and founder/CEO of the GreenNurse Group, and Joshua Bauchner, a lawyer for the Canafarma Corporation.
Traveling with CBD Oil Domestically
The type of CBD oil that’s derived from hemp oil is what’s legal at a federal level (as of the 2018 Farm Bill) and therefore allowed to be taken across state borders, and, yes, on flights. Other CBD oils, like the type that’s derived from marijuana, are still illegal in some states—so it’s not recommended to take those types across state borders.
You can tell the difference between the two types of CBD oil by reading the product’s label and identifying the amount of THC in it. Only hemp-derived CBD oils (with THC levels below 0.3 percent) are legal to fly with or be taken across state borders in the U.S. It’s also important to note that while CBD oil is legal at the federal level, certain state laws vary in terms of possession of any type of CBD oil.
Here’s the status of flying with CBD oil in the U.S. as of January 2020, according to the TSA’s website:
“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.”
Here’s a more light-hearted explanation from TSA’s Instagram:
Many travelers are left confused on CBD oil’s legality, especially when flying. Here’s what you need to know about traveling with CBD oil.