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A woman was recently detained at Disney World for possessing CBD oil, a substance allegedly used to alleviate her arthritis symptoms.
Even though cannabis is legal in 33 states, traveling with marijuana remains complicated, even between states where both recreational and medicinal use is permitted. The situation becomes more ambiguous with CBD oil, a compound extracted from cannabis and often promoted as a remedy for various health conditions.
Fortunately, the TSA updated its policy on CBD oil this week, officially allowing passengers to bring hemp-derived CBD oil (and any FDA-approved medical marijuana) in both carry-ons and checked luggage for the first time ever.
Traveling with CBD oil that contains THC is still prohibited by law.
According to the Points Guy, when you're at an airport, TSA officers are required to call in local law enforcement if they find any cannabis, no matter the quantity or whether the individual has a medicinal card. However, there’s no need to worry too much.
TSA made it clear on their official Instagram account, saying, “Let’s be clear: TSA agents do NOT search for marijuana or other illegal substances. Our main concern is security and identifying potential threats. However, if something resembles marijuana or a cannabis product, we must inform law enforcement as required by federal law.”
Being caught with cannabis doesn't automatically lead to an arrest—it depends on where you're flying from and to. In places like Oregon, where cannabis is legal, you might not face any issues, but in states where it’s still banned, you could run into complications. Alex Freeburg from Freeburg Law shared in an email, “Last year, Wyoming law enforcement considered CBD a controlled substance, resulting in felony charges. This year, the law has changed.”
Some local authorities might set limits on how much cannabis you can carry. For instance, at Los Angeles International Airport, you can have up to 28.5 grams of cannabis and eight grams of concentrated cannabis, though this doesn’t guarantee you’ll be fine at your destination. Other airports allow you to dispose of cannabis in amnesty boxes or return it to your car without facing consequences.
Good news for some CBD oil users: as of December 2018, hemp was officially legalized under the Farm Bill. Following recent updates by the TSA, you're now allowed to travel freely with CBD oil derived from hemp, something that was previously unclear before the changes were posted on their website. A TSA spokesperson informed Marijuana Movement that this update was made to accommodate those using Epidiolex, a medication that treats epilepsy in children and contains CBD oil.
However, traveling with CBD oil made from marijuana is still prohibited. The key factor here is the level of tetrahydrocannabinol (THC), where hemp typically contains much less THC than marijuana, contributing to its legalization last year.
Even so, you could face issues if a TSA agent or a law enforcement officer can't tell the difference between CBD oil derived from hemp and that from marijuana. TPG notes that if either substance is found, you might experience a delay in reaching your gate. If there's any doubt about the legality of the substance under federal law, it may also be referred to law enforcement, as confirmed by a TSA spokesperson to Marijuana Movement.
There could also be complications when it comes to cruises or federal lands.
Both Carnival Cruise Lines and Disney Cruise Lines ban CBD oil on their ships. Similarly, cannabis, including CBD, is prohibited on national parks, even in states where cannabis use has been legalized. These public lands are under federal jurisdiction, and while hemp-derived CBD oil is likely an exception, it's still generally not allowed.
While sneaking a tincture onto any form of transportation might seem very easy, it doesn't mean it's permitted. Take the example of the woman at Disney World—although she managed to bring her tincture from North Carolina to Florida, she was still bound by Florida's laws regarding recreational cannabis. It's wise to research the states you'll be traveling through and understand the potential legal consequences of carrying cannabis beforehand.
How to avoid legal issues
Before traveling with hemp-derived CBD, check the certificate of analysis for your product and print the lab report that confirms its THC content. If issues arise, this document can be shown to a TSA agent or officer.
If your road trip takes you through states where cannabis is not legal, you will still need to abide by the criminal laws of those states.
When traveling abroad, it's generally best not to bring CBD oil. Both hemp and marijuana may face stricter regulations at your destination, leading to harsher penalties.
If you're hoping your CBD oil will help with flying anxiety, consider taking it before your flight. Alternatively, research dispensaries at your destination to see if they carry your preferred oil.
More on CBD from G/O Media’s partner.
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