Is Flying With CBD Legal Now?

Life can be pretty stressful as it is, but it’s not until you’re thrown head-first into an airport then packed like a sardine in an airplane for several hours that it becomes downright overwhelming. Kind of wish you had something on hand to take the edge off during those times, right? Thankfully, cannabidiol (CBD) does just that.

But with all of the changing regulations with the Transportation Security Administration (TSA) on top of the changing state-to-state marijuana legalization rules, it’s tough to know if it’s ok to bring it in your carry on or not. That’s why we’ve compiled a quick overview on the general legalities of whether you can bring your CBD oils, creams, or edibles in your carry on to discretely use in the airport, on the airplane or at your final destination.

Recent TSA Rule Change on CBD

After 9/11, the TSA cracked down hard on passengers bringing anything that might be even close to being a dangerous substance onboard an airplane. More than 18 years later, the TSA is still incredibly tough with their airport security, but with many states legalizing marijuana either for prescription or recreational purposes, the TSA’s rules have begun to change slightly.

In early 2019, the TSA issued a rule change in response to the approval of Epidiolex by the FDA. Epidiolex contains CBD oil and is primarily used to treat seizures in children with two forms of epilepsy. The TSA’s rule change specifies that:

“Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.

This new rule doesn’t mean that the TSA’s ban on other forms of marijuana, including cannabis-infused products and CBD oils that contain THC isn’t still intact (sadly it is). The one unknown in this new rule change is whether TSA agents have the appropriate tools or expertise to know if a substance contains THC or not since they don’t do on-site testing at airport security checkpoints.

What’s the Verdict on CBD in the Airport?

For those not privy to CBD, just know that it is a naturally occurring compound with uses that include arthritis relief (in both humans and pets), stress, anxiety, and inflammation reduction, sleep regulation, and much more. Even though CBD contains no THC (the psychoactive compound of marijuana that gets you high), there is still a gray area amongst whether or not CBD is welcomed by individual states and city airports. Although the federal government is moving to legalize hemp-derived CBD, certain states still hold stricter laws that could mean consequences for those traveling with CBD.

For the most part though, as long as you’re not acting erratically, you should be able to make it past airport security unscathed with either capsules, gummies/edibles, and tinctures, oils or topicals (as long as the liquids or gels meet the 3-1-1 travel rules). If your CBD is turned away for some reason, you could take a dose before entering security and then either mail the product to yourself, or discard it and buy new CBD at your final destination (if the state that you’re visiting sells recreational CBD).

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