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July 14, 2023 2 min read

Can You Fly with CBD in Your Luggage?

Flying with CBD can be a complex legal issue due to variations in federal and state laws.

At the federal level, the Agriculture Improvement Act of 2018, also known as the Farm Bill, legalized hemp-derived CBD products with less than 0.3% THC. The U.S. Department of Agriculture (USDA) clarified that CBD derived from hemp is no longer considered a controlled substance.

The Transportation Security Administration (TSA) has provided guidelines stating that CBD products complying with the provisions of the Farm Bill are generally allowed in both carry-on bags and checked luggage.

TSA officers prioritize security threats and do not actively search for marijuana or illegal drugs, but if CBD or cannabis products are discovered during screening, they may refer the matter to law enforcement. However, it is crucial to note that state laws regarding CBD can vary significantly.

Some states align with federal guidelines, while others have their own regulations. For example, in 2019, a 69-year-old woman was arrested at a Disney World checkpoint for possessing CBD oil. The charges were later dropped after it was determined that the oil contained legal amounts of THC.

Similarly, in 2020, a journalist was detained at an airport for carrying CBD products in her luggage. After explaining the legality of the products and providing documentation, she was allowed to proceed with her belongings.

These cases highlight the complexities and potential misunderstandings surrounding the transportation of CBD. Travelers should research and understand the specific CBD regulations in both their departure and arrival states to ensure compliance.

Furthermore, it is important to consider the lack of standardized testing methods and product labeling for CBD, which can create confusion for TSA officers. This lack of clarity may lead to misidentification or mistaken classification of CBD products as illegal substances.

Additionally, TSA screening procedures allow officers discretion in determining the need for further inspection or involvement of law enforcement. Factors such as suspicion or ambiguity surrounding the product may contribute to increased scrutiny.

In conclusion, while flying with CBD is generally permitted under federal guidelines, the varying state laws, lack of standardization, and screening procedures highlight the need for travelers to exercise caution and be aware of the specific regulations in their respective states.