By Cyrus Sepahbodi

The holiday season is upon us and it is time again for two words that millions of people rely upon every year: travel plans. CBD can be wonderfully beneficial while you’re traveling. Sitting in the car all day can lead to an achy back, weather changes can lead to joint inflammation, and let’s not forget the general stresses of traveling.

Products like our CBD balm and CBD capsules can help on long car rides or flights when you are stuck in a sitting position for extended periods of time. Nervous flyer? CBD tinctures are especially great to help with stress reduction.

But before you step onto the plane or gas up your car for that road trip, it is important to know that there are specific rules about traveling with CBD within the United States. Here’s what you need to know before you travel with CBD.

Is CBD Legal?

Hemp-derived CBD with a THC content below 0.3% is legal in the United States thanks to the 2018 Farm Bill. While the FDA determines the legality of CBD as an ingredient for foods, dietary supplements, and cosmetics, the ingredient itself when derived from industrial hemp is legal.

Does that Mean I Can Travel With CBD?

In some cases yes, and in others it isn’t recommended. It primarily depends on the rules and regulations of the state you live in and your destination state. For instance, if you live in California and are travelling within the state you can safely travel with CBD because adult use (recreational) and medicinal use of cannabis is legal statewide and California follows Farm Bill 2018 provisions for cannabis products derived from hemp. Each state is free to make their own rules with regards to CBD so its best to check if CBD is legal in your home state and the state where you plan to travel.

Can I Fly With CBD?

Per the Transportation Security Administration (TSA) guidelines medical marijuana is permissible in carry ons as well as in checked luggage, with special instructions:

“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.”

While this guideline formally permits travelers on flights to have products containing hemp-derived CBD in both carry-on and checked luggage it is important to check the laws of the state or country you are traveling to for more guidance. Remember the 2018 Farm Bill mentioned above? The section regarding ‘products that contain no more than 0.3 percent THC’ is the key portion of the guideline.

Why is it Important that products contain less than 0.3% THC?

The short answer is that by definition, cannabis plants that contain less than 0.3% THC are removed from the Federal Controlled Substances Act and are considered industrial hemp, protected under Farm Bill 2018. This definition is outlined specifically by the 2018 Farm Bill and allows for the cultivation, harvesting, and processing of CBD. The bill also makes clear that only products that accompany appropriate displays of testing as to the concentration of THC are legal. If you are unsure about how much THC is present in your CBD product, check the label or contact the manufacturer directly for COA’s.

When in Doubt Check the Law

A safe rule of thumb when traveling with CBD is to ALWAYS check the law and exercise discretion. There are multiple resources available for air travelers, such as the TSA’s security screening page. The TSA also has two social media tools when you aren’t sure if you can travel with a specific product:

“For items not listed here, simply snap a picture or send a question to AskTSA on Facebook Messenger or Twitter. We look forward to answering your questions, from 8 a.m. to 10 p.m. ET weekdays; 9 a.m. to 7 p.m. weekends/holidays.
Another amazing tool available for consumers who want to check cannabis laws is the National Organization for the Reform of Marijuana Laws (NORML). Their State Info page allows you to look up the status of cannabis legislation state by state. As always travel safe, know your rights, and when in doubt check the law.

Hemp-derived CBD with a THC content below 0.3% is legal in the United States thanks to the 2018 Farm Bill. While the FDA determines the legality of CBD as an ingredient for foods, dietary supplements, and cosmetics, the ingredient itself when derived from industrial hemp is legal.

Does that Mean I Can Travel With CBD?

In some cases yes, and in others it isn’t recommended. It primarily depends on the rules and regulations of the state you live in and your destination state. For instance, if you live in California and are travelling within the state you can safely travel with CBD because adult use (recreational) and medicinal use of cannabis is legal statewide and California follows Farm Bill 2018 provisions for cannabis products derived from hemp. Each state is free to make their own rules with regards to CBD so its best to check if CBD is legal in your home state and the state where you plan to travel.

Can I Fly With CBD?

Per the Transportation Security Administration (TSA) guidelines medical marijuana is permissible in carry ons as well as in checked luggage, with special instructions:

“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.”

While this guideline formally permits travelers on flights to have products containing hemp-derived CBD in both carry-on and checked luggage it is important to check the laws of the state or country you are traveling to for more guidance. Remember the 2018 Farm Bill mentioned above? The section regarding ‘products that contain no more than 0.3 percent THC’ is the key portion of the guideline.

Why is it Important that products contain less than 0.3% THC?

The short answer is that by definition, cannabis plants that contain less than 0.3% THC are removed from the Federal Controlled Substances Act and are considered industrial hemp, protected under Farm Bill 2018. This definition is outlined specifically by the 2018 Farm Bill and allows for the cultivation, harvesting, and processing of CBD. The bill also makes clear that only products that accompany appropriate displays of testing as to the concentration of THC are legal. If you are unsure about how much THC is present in your CBD product, check the label or contact the manufacturer directly for COA’s.

When in Doubt Check the Law

A safe rule of thumb when traveling with CBD is to ALWAYS check the law and exercise discretion. There are multiple resources available for air travelers, such as the TSA’s security screening page. The TSA also has two social media tools when you aren’t sure if you can travel with a specific product:

“For items not listed here, simply snap a picture or send a question to AskTSA on Facebook Messenger or Twitter. We look forward to answering your questions, from 8 a.m. to 10 p.m. ET weekdays; 9 a.m. to 7 p.m. weekends/holidays.

Another amazing tool available for consumers who want to check cannabis laws is the National Organization for the Reform of Marijuana Laws (NORML). Their State Info page allows you to look up the status of cannabis legislation state by state. As always travel safe, know your rights, and when in doubt check the law.

Ready for CBD?