Can I Travel With CBD Oil?

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Cannabidiol, or CBD, is one of 113 identified cannabinoids in a marijuana plant. CBD does not contain the active ingredient that gives cannabis its psychoactive properties: tetrahydrocannabinol (THC). It is a nonintoxicating cannabis plant extract that many people use to treat a variety of medical conditions. Rubbing CBD oil on the body, for example, could help treat inflammation, while ingesting the oil could ease anxiety or sleeplessness. Patients may run into trouble, however, if they try to travel with CBD oil.

Is CBD Oil Legal?

The nationwide legalization of CBD derived from hemp occurred in 2018 with the Agriculture Improvement Act. This act legalized CBD products that contain no more than 0.3% THC by weight. CBD oil and other products derived from marijuana, however, remain illegal substances under federal law. The Drug Enforcement Administration classifies cannabis with THC as a Schedule 1 illegal drug with no accepted medicinal properties.

The CBD oil a patient carries with him or her on a plane must be consistent with the hemp farmer regulations in the Farm Bill. In most places, federal and state laws do not agree when it comes to the legalization of cannabis. In Florida, for example, it is legal for an approved patient to possess marijuana for medical reasons. This goes against federal regulations that still ban marijuana as an illegal drug.

State Laws

In Florida, it is legal to possess cannabis, cannabis-infused products and CBD oil per the state’s medical marijuana law. Qualified patients may purchase and use marijuana and CBD oils. This may include bringing certain products on flights thanks to a recent change in federal law. Although the Transportation Security Administration (TSA) used to ban all forms of CBD oil on flights, a recent update made an important change.

Passengers may now bring cannabis products and CBD oils on planes as long as they contain less than 0.3% THC by dry weight. Passengers can keep qualified marijuana products, including oils, in their checked bags and carry-ons without facing legal repercussions. Passengers can also carry cannabis products the Food and Drug Administration has approved. TSA officers will only report suspected violations of this law to authorities, not all cases of passengers bringing CBD oil with them on planes. TSA officers do not actively search for marijuana or other illegal drugs.

Passengers should keep in mind, however, that CBD derived from marijuana is still against federal law. If a person tries to carry on CBD oil with a higher THC content than 0.3%, the TSA will have the right to report him or her to local or state authorities. Marijuana-derived CBD oil and other products remain illegal across the country. The exact rules remain fuzzy due to discrepancies between state and federal regulations. Passengers should keep their CBD oils discreet to decrease the odds of TSA agents discovering the substance and causing trouble.

Legal Trouble for Flying With CBD Oil

The TSA’s new regulations allow passengers to bring FDA-approved and hemp-derived CBD oils with them in carry-ons or checked bags as of May 26th, 2019. If a passenger tries to bring on CBD oil that does not comply with these specifications, TSA agents will not actively search for the substance, but will have the option of reporting infractions should the agent discover the noncompliant oil during security measures.

When in doubt, passengers do best to leave CBD oils at home. The federal government will still have the power to prosecute people for possessing any type of cannabis-infused products, although this typically does not happen with individual passengers. However, changes to the Farm Bill made certain CBD oils federally legal. This alteration may save many CBD oil users from facing legal trouble for traveling with their medications.