Question: Is it permissible to have CBD products (i.e., cream and oil) in checked and/or carry-on bags when traveling within the U.S. or internationally?
Answer: Multiple questions are contained in that single sentence, so we’ll break up the separate issues to avoid confusion.
Q: Can I bring CBD products (i.e., cream and oil) through the security checkpoint at U.S. airports?
A: It depends on the type of CBD. The U.S. Transportation Security used to ban all cannabis-infused products, including cannabidiol (CBD) oil. However, on May 26 the TSA updated its policy to allow hemp-based CBD in checked or carry-on bags (a liquid form in carry-on luggage would be subject to the usual limit of 3.4 ounces per container).
The “Medical Marijuana” entry of the TSA’s “What Can I Bring?” webpage at 808ne.ws/tsamed describes the new policy. Some advocates say it is confusing and that flawed enforcement is likely. Here’s what it says:
“Medical Marijuana:
“Carry On Bags: Yes (Special Instructions)
“Checked Bags: Yes (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.”
The allowance for hemp-derived CBD is found in the “except for” clause because the federal definition of hemp is cannabis containing 0.3 percent or less of THC, the psychoactive agent in marijuana. The mention of FDA approval refers to the anti-seizure medication Epidiolex, the only FDA-approved prescription drug containing CBD. So, under the new policy, hemp-based products and Epidiolex would be allowed; other cannabis remains prohibited. The TSA has acknowledged that agents might make mistakes distinguishing among products.
“Unfortunately, the enforcement of the new rule is left to discretion of individual TSA officers, so there is still the potential risk that a person who uses CBD oil will be subject to law enforcement action, from the confiscation of the CBD oil to possible detention and arrest,” said Nikos Leverenz, board president of the Drug Policy Forum of Hawaii, an advocacy group. “That would apply even to someone who brings a CBD oil product from an established company like Barlean’s, that is lab-tested for purity and potency (less than 0.3% THC) by a third party. This continued ambiguity should be resolved by further direction from the Congress.”
Q: Can I fly with my CBD to another state?
A: The TSA doesn’t take your destination into account, so getting through security doesn’t guarantee you won’t have trouble after you land; it depends on the rules in that state.
Q: Can I fly with my CBD oil to another country?
A: No, this is not recommended. Experts advise against flying internationally with any form of CBD except Epidiolex, and even then to keep the prescription handy. Heightened security entering another country, varying laws and customs, and confusing U.S. policy all were cited as reasons to exercise caution.
“I use CBD oil and would travel with it domestically, but I would not run the risk of traveling with it internationally,” said Leverenz.
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