Is Traveling with CBD Legal? 

Long flights, cramped seats and adjusting to time zones have really put a damper on people’s air travel these days. A number of travelers have now turned to CBD in an effort to combat the jet lag, pain and anxiety that comes with flying, a safer alternative than using prescription or over the counter drugs. But is traveling with CBD legal?  

Traveling With CBD

In short, yes.  As a result of the passing of the 2018 Farm Bill, CBD was relieved of it’s Schedule I status via the Controlled Substances act.  However, there are stipulations that make the production, possession, use and sale of CBD actually legal.  To be legal, CBD must be derived from hemp- containing less than 0.3% of THC and is produced by a licensed grower, in a manner consistent with federal & state regulations and the 2018 Farm Bill.   

While the regulation of CBD is still largely being defined, there has been a lot of confusion and disconnect among law enforcement officials, including Transportation Security Administration (TSA) officials.   

TSA Regulations

According to the TSA, “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.” 

Great right?  Well, the problem is, officials are not all familiar with the differences between hemp-derived CBD and cannabis-derived CBD and, really have no way of assessing/measuring the level of THC in any cannabis product.   

If you plan on traveling with CBD, here are three helpful tips to keep in mind:

1. Certificate’s of Analysis (COA)  

Wherever you purchase CBD from, make sure that you receive or have digital access to your product’s Certificate of Analysis.  A COA will list the percentage of CBD and other cannabinoids it contains, when it was tested and the name of the lab responsible for the test. 

Print a copy of the COA for the product you are carrying for documentation if needed when traveling via air.   

2. TSA Regulations  

Bringing a copy of the TSA’s own policy, in combination with your COA may save you a lot of time and headaches. Print out the TSA’s most up-to-date regulations in the event you encounter an agent who is unfamiliar with the regulations.   See the TSA policy on traveling via airplane with medical marijuana.

3. Know The Law 

Here is a state by state guide to help you understand how cannabis related laws are interpreted and enforced across the USA.   

Traveling with CBD is legal but can be a risk. Minimize that risk by preparing ahead of time with certain needed documentation and understanding the laws as they are written.  If you’re still unsure about traveling with CBD and won’t need it for your flight, to eliminate the risk completely, you could always ship your CBD to your destination in advance.  

Have you had any shareable experiences traveling with CBD?  Let us know in the comment section.   

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