Can you travel with CBD? It’s a question that’s becoming more and more popular amongst those who travel across state lines regardless if it’s for business or pleasure. Many travelers find it to be the most effective way to diminish some of the discomforts they experience during travel.
You can legally travel with CBD across the U.S. However, restrictions on CBD often vary by state, so it’s critical to be cognizant of the laws in various states before crossing state lines with CBD products. CBD vape juices, e-Liquids, and other CBD products are legal in most states in the US for purchase and consumption, provided it is derived from industrial hemp and contains no more than 0.3 percent THC. THC is the psychoactive cannabinoid from cannabis responsible for the “high” that people feel when they consume cannabis. Unlike THC, however, CBD does not produce this mind-altering effect.
Understanding the Restrictions Set by Government Agencies
The TSA is a federal agency of the U.S. Department of Homeland Security that has authority over the security of public travel within the United States. You must always adhere to the laws of the TSA (Transportation Security Administration). Airports are included as the majority of their operations and are subject to the federal laws enforced by this government agency. Because marijuana is still federally prohibited, the TSA will most likely prevent you from traveling with cannabis flower or other products containing THC.
CBD is the exception to this rule, especially if it is derived from hemp, due to the fact that it’s non-psychoactive.
However, the TSA also makes it quite clear that they don’t have time to individually test all your CBD products. “TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers,” the TSA states. “Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substances are discovered during security screening, TSA will refer the matter to a law enforcement officer.”
Officially, the DEA (Drug Enforcement Administration) and the FDA (Food & Drug Administration) does not consider hemp-derived CBD to be the same as marijuana-derived CBD, however, this is not exactly a clear-cut policy.
As long as the THC content in your CBD product is below 0.3%, you should be fine. Check the label of your product to be absolutely certain it is within the legal limit. Reputable CBD brands usually provide a clear understanding of the contents within their products.
If the product (oil, e-Liquid or other) says the CBD came from “industrial hemp,” or does not mention the actual levels of THC, it is very unlikely that you will have any issues with the TSA. Just be sure the CBD containers are within the confines of TSA requirements (no items larger than 3.4 oz), just like your travel size shampoo or perfume.
Due to the discrepancies between federal and state laws (and considering the speed they’re currently changing), it’s still somewhat risky to be traveling with any CBD products at this time. If you choose to travel, be sure to familiarize yourself with the laws of the states you’re traveling through. Although tedious, it might be helpful to contact the product’s producer to request a copy of the certificate of analysis disclosing the cannabinoid potency profile for the products you plan to travel with.
If you’re traveling with an FDA-approved drug containing CBD make sure to carry the doctor’s prescription and any relevant documentation.
Consider the Consequences
Travelers frequently assume that federal law supersedes state law. Although it can be a somewhat complex topic where different scenarios result in different outcomes, the point is this: State Laws govern over Federal Laws, period. In the case of CBD, states are permitted to implement more stringent regulations than those referenced in the 2018 Farm Bill.
If traveling in a state where local law deems CBD legal, there is no federal or local offense. But when local laws deem it illegal, if caught, you will be prosecuted. In some states, possession of any cannabis product which includes CBD, can result in a felony, punishable with a monetary fine and a minimum of 180 days in state prison.
Follow these basic guidelines and know the law. Then you and your CBD can travel throughout the country worry-free.