When it comes to flying on airplanes in the United States, strict regulations affecting everyday items such as water bottles and nail clippers are enforced by the Transportation Security Administration (TSA).
The TSA updated its medical marijuana policy in May 2019 to include more specifics on flying with hemp-derived CBD, several months after hemp was removed from the U.S. government’s Controlled Substances Act.
What TSA Says About CBD
The TSA allows passengers to bring CBD through security checkpoints, as long as the hemp-derived CBD contains less than 0.3% THC or is approved by the FDA. Its complete medical marijuana policy, as it appears on TSA’s website, explains the specific circumstances that CBD is allowed through security.
The updated section, found under the federal agency’s “What Can I Bring” webpage: “Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.”
The sole hemp-derived CBD product approved so far by the FDA, Epidiolex, is primarily why the TSA made the clarification to its medical marijuana rules, according to Marijuana Moment. The agency wanted to avoid confusion for families who are traveling with Epidiolex for pediatric epilepsy.
A TSA spokesperson wrote in an email to Marijuana Moment: “TSA was made aware of an FDA-approved drug that contains CBD oil for children who experience seizures from pediatric epilepsy. To avoid confusion as to whether families can travel with this drug, TSA immediately updated TSA.gov once we became aware of the issue.”
This means that marijuana, non-hemp-derived CBD products, and CBD products with more than 0.3% THC are still not allowed. That being said, the TSA posted on Instagram on April 20, 2019 that they did not look for cannabis. The full caption reads: “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.”
Is Flying with CBD Legal?
But what if it’s a hemp-derived CBD product? In May 2019, the TSA Twitter account tweeted “Products that contain hemp-derived CBD oil or are FDA-approved are generally legal and can fly.”
Published: August 02, 2019
Founder & Interim Editor of L.A. Cannabis News