Last updated: 01/21/2021

GUIDE

Flying with CBD Across State Lines Within the USA

Many still wonder and may be trying to learn whether it’s okay to fly with CBD products across states, domestically with the United States.  Since the hemp extract industry is still relatively new, and given its rapid growth in popularity among Americans, it’s expected that the rules for traveling with CBD are to be learned, not known.

Let’s jump in.

TSA Has A Medical Marijuana Policy

This policy covers hemp-derived CBD

In May 2019, the Transportation Security Administration (TSA) issued a policy update to provide travelers with a little clarity on traveling with hemp-derived CBD (and medical marijuana).

Per TSA’s Medical Marijuana Policy:

“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.” (Emphasis added)

This means you can travel with your CBD product if it’s made from hemp and contains 0.3% or less THC. Per this same policy, you can pack your CBD product in your carry-on or in your checked baggage. See https://www.tsa.gov/travel/security-screening/whatcanibring/all

Does TSA's Policy Apply to All Hemp CBD Products?

TSA’s policy appears to apply to all types of CBD products. When we looked at TSA's twitter feed, @AskTSA, many asked whether they could bring a variety of CBD products with them. In response to each question, TSA deferred to it's above policy.

Here’s some examples of questions twitted about traveling with CBD and the response provided by @AskTSA.

When asked Could I bring non [THC] CBD oil in my carry on bag?”, TSA’s policy was provided in response.

When asked “Is CBD products (without THC) allowed through security as carryons; CBD patches, CBD capsules, CBD rub and CBD oil?”, same response.

When askedAre CBD gummies allowed? They follow federal guidelines for [THC] content. Is there any special instructions for packing if they are?, same response.

When asked, “Are CBD creams with zero THC allowed in checked bags?” same response.

When asked “I’m flying with an emotional support animal from ORD to DFW and back.  Can I bring CBD dog treats with me to help my dog remain calm on the flight?”, same response.

Is there Any Risk?

There shouldn’t be any risk of flying with CBD Oil or CBD Oil products that meet the requirements of TSA’s travel policy. You should be fine traveling with CBD Oil tinctures, CBD soft gels/capsules, CBD gummies, CBD relief creams, CBD beauty products, CBD pet products, CBD lip balms, CBD Vapes, CBD shampoo, and others that are hemp-derived and contain no more 0.3% or less THC.

CBD smokeable hemp should also be okay if it has a different smell the marijuana; otherwise, TSA dogs may not be able to tell the difference, and that may cause some time delay.

Flying with Hemp CBD in the US is Okay, Just Follow the Rules

TSA has a travel policy that you can rely on to guide you. When you’re planning a trip, you should check the policy on TSA’s website for any updates or additional information.

5 Tips for Preparing to Fly with CBD in the USA 

  • Only pack CBD products that have 0.3% or less THC. Check the lab report for THC amount reported. If it's between 0.00% and 0.3% THC, it meets the policy's requirement. If you're unsure where to find the THC amount on the lab report, see our interactive guide on how to read a CBD lab report. Link provided below.
  • Check the brand website for a Farm Bill Compliant statement, badge, or icon.
  • Keep your product in its original packaging. It seems silly, but brand and product information is or may be on there. So it carries some value in the case of any doubt.
  • Bring a hard copy or save an electronic version of your CBD product’s lab report in the event the product it questioned. Your product may have a QR code affixed to its label and/or packaging that, when scanned, pulls the lab report. Just keep in mind that technology is not 100% reliable so, having a hard or downloaded copy is a good back up if desired.
  • If you reside in a state that requires a doctor’s written certification or patient registration, you should have a copy of that documentation with you so you're prepared if asked.

Lastly, if you’re worried about your CBD product meeting the Farm Bill requirement, just check the brand’s website. Quality brands use Farm Bill Compliant hemp farms, and it’s common practice to share that information with visitors and consumers via the brand’s website, and in some cases product labels, in others marketing materials, and so forth.

The information provided in this post is for general, informational purposes only and does not constitute legal advice. The information provided is current as of the date of the post, but laws and regulations may change at any time in the future. You should always do your own independent research to stay up to date and be informed.

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