Until Memorial Day Weekend, the legality of carrying CBD on a flight was a gray area. When the Agriculture Improvement Act of 2018 (The Farm Bill) was passed, it took hemp-derived CBD products off the Schedule 1 Controlled Substances list. But the Transportation Security Administration continued to follow its own rules – as people found out when they tried to take what they thought was a legal substance on a flight.
According to one report, confiscation of the oil by TSA agent “skyrocketed” this year at Dallas-Fort Worth Airport. There, among other cases, a 71-year-old woman was jailed for possession CBD oil she said she used for pain.
“Federal law is very clear. And when a Customs official pulls someone over for this, he or she is acting in the wrong,” Miller said.
New TSA Language about CBD
But then, quietly, over Memorial Day Weekend, the wording regarding CBD on the TSA website (TSA.gov) changed.
So, is it legal to carry hemp-derived CBD on a plane? Technically yes. Will you be able to? Maybe, maybe not.
Here’s the thing: Many people don’t understand the difference between hemp-derived CBD other CBD products. Hemp-based CBD has no THC, the psychoactive substance that gets user high. Non-hemp-derived CBD can contain THC. Hemp-derived CBD is legal at the federal level; CBD with THC isn’t. In fact, some of the field tests used to detect drugs can’t even tell the difference between weed and CBD. And if the tests can’t, how can your friendly TSA officer? The final decision, as the new wording says, “rests with the TSA officer on whether an item is allowed through the checkpoint.” Face it: When in doubt, sometimes it’s easier on the part of TSA agent to just say “no” and worry about the rest later.
To be safe, it might be a good idea to call the airport before you go and ask about their CBD policies. And make sure your CBD is clearly labeled that it’s made from hemp with no THC to prevent any issues with the authorities. The bottom line is until everyone’s on the same page on the subject, there are no guarantees your CBD will make it on the plane with you.
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