There are many questions that continue to swirl around the legality of traveling with medical cannabis and hemp CBD. If I can bring CBD oil on a plane, how much is allowable? Are certain forms of CBD preferable to bring when traveling? Do the laws vary state to state?

NeuroXPF has done the digging to help CBD users navigate the friendly skies.

In May of 2019, the TSA (Transportation Security Administration) updated its policies to allow hemp-derived CBD and FDA-approved medicine containing CBD. This is where lines get a little bit blurry.

CBD, or cannabidiol, is a non-psychoactive compound found in cannabis plants. In December 2018, the Farm Bill made it federally legal to produce, purchase and use CBD under certain requirements and regulations, specifically if it is derived from hemp.

Can you Bring CBD Oil on a Plane?

As long as travelers have CBD in forms that follow the regulations laid out in the Farm Bill, the TSA will allow it on an airplane. Flying with CBD oil, while legal, is still a bit tricky, however, as there is no way for airport officials to differentiate between marijuana or hemp. If you do choose to bring CBD oil on a plane, check with your airline prior to flying for guidelines on how much liquid is allowable in your carry-on luggage.

Can I Fly with my CBD Oil Pen?

Travelers are welcome to fly with CBD oil, but the batteries for your vaping device must be carried on your person as they are not allowable in checked luggage. You may not, however, vape your CBD while on the plane.

What Happens in Vegas…

Because each state has a unique set of laws in dealing with the legality and possession of cannabis and CBD products, it is highly encouraged that travelers research each destination thoroughly.

In Las Vegas, for example, while it is legal to possess up to an ounce of cannabis in the state of Nevada, an overriding local ordinance makes it illegal to bring any CBD or marijuana products into McCarran International Airport. This may make travelers think twice before flying with a CBD oil pen through Las Vegas.

Airport spokesperson, Christine Crews, explains to Forbes that the superseding law “clears up any of that gray area or indecision.” 

With that being said, Crews continues, “Las Vegas is a leisure market and a destination market. We understand that people come here to have a good time, so our law enforcement and our community as a whole value that. Our law enforcement officers really treat each situation with a lot of discretion.”

If that sounds a bit evasive, that’s because it is. It really leaves flying with CBD oil up to the discretion, (and appetite for risk) of the individual traveler.

LA is Super-LAX When it Comes to Travel with CBD

In January of 2018, LAX issued a statement concerning their marijuana policy: 

As of January 1, 2018, California law allows for individuals 21 years of age or older to possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana for personal consumption. With the change in state law, the policy and procedures of the Los Angeles Airport Police Division (APD) regarding marijuana were updated to reflect this change. APD officers, who are California Peace Officers, have no jurisdiction to arrest individuals if they are complying with state law. However, airport guests should be aware that Transportation Security Administration (TSA) screening stations are under federal jurisdiction. Also, passengers should be aware that marijuana laws vary state by state and they are encouraged to check the laws of the states in which they plan to travel.

Bottom line, flying with CBD oil through LAX most likely will not ruffle too many feathers.

DFW: Dallas-Ft. Worth or Don’t Fly (with) Weed?

While California and Nevada have made statements to allay travelers’ fears, Dallas-Ft. Worth officials have amped up their anti-cannabis campaigns.

“Please don’t travel with your marijuana,” said Lonnie Freeman, DFW Airport Department of Public Safety assistant chief.

The DFW Airport board recently contracted with a Pennsylvania-based lab equipped to test cannabis products that pass through the airport to determine if the “contraband” contains THC.

This after a 72-year-old grandmother was jailed last year for passing through DFW with her medicinal CBD oil.

Can I Take my CBD Outside the Country?

International travel with any cannabis products, hemp or marijuana, can be extremely risky. There are many countries that hold a zero-tolerance policy when it comes to bringing any type of plant-based medicine on your person or in your luggage.

Recently, an American-born Israeli woman was sentenced to 7 ½ years in a Russian prison for bringing cannabis with her into the country.

Canada recently legalized cannabis country-wide. This prompted the government to issue a statement clarifying rules and regulations for citizens traveling outside the country.

“Cannabis is now legal in Canada. However, the legalization of cannabis in Canada does not change Canada’s border rules. Taking cannabis or any product containing cannabis into Canada is illegal and can result in serious criminal penalties both at home and abroad.”

The statement continues, “Cannabis is illegal in most countries. Previous use of cannabis, or any other substance prohibited by local law, could result in a traveller being denied entry to his or her destination country. Each country or territory decides who can enter or exit through its borders. The Government of Canada cannot intervene on your behalf if you do not meet your destination’s entry or exit requirements.” 

TSA Issues a Blunt Statement

There has been much confusion around flying with CBD oil. The TSA decided to recently address it with a cheeky Instagram post: “Are we cool? We like to think we’re cool,” said the TSA. “We want you to have a pleasant experience at the airport and arrive safely at your destination. But getting caught while trying to fly with marijuana or cannabis-infused products can really harsh your mellow.”

The statement continued, “Let us be blunt, TSA officers DO NOT search for marijuana or other illegal drugs. Our screening procedures are focused on security and detecting potential threats. But in the event a substance appears to be marijuana or a cannabis-infused product, we’re required by federal law to notify law enforcement. This includes items that are used for medicinal purposes.”

Pack your Bags Carefully

Flying with CBD oil, at this juncture, is certainly a personal decision. However, if you should choose to fly with your CBD oil pen or any other CBD products, take care to bring along any packaging or accompanying lab results should you be questioned or detained.

CBD is legal throughout the United States as long as it is hemp-derived and contains less than 0.3 percent THC.