It's Summer and for many of us, that means travel. As temperatures increase and the ice has melted off the road, a little escape is not only possible, it's necessary.
Summer means weddings, vacation, and concerts to attend. Well, if you're traveling via plane in lieu of the road, here's what you should know about traveling with your CBD.
TSA Regulations & Legality
All TSA is ultimately interested in is the security of airplanes.
Keeping guns, knife and other dangerous objects out of the airlines is the first objective. The second is drugs and contraband.
What does that mean for the grey area of CBD? Well, since the farm bill (aka the Agriculture Improvement Act of 2018) a lot has changed. This has removed the federal ban on hemp, which is cannabis that contains less than 0.3% THC, essentially.
If you can extract CBD from hemp, which many companies do, then that CBD is now legal under federal law, right?
Well, some states still have old laws that outlaw hemp and, hence, CBD.
You technically need a federal permit to grow and ship any farm bill-associated CBD, and those permits don’t exist yet. The legislature is there, but no-one wants to process the paperwork. We are just now escaping a sort of wild west situation that is starting to look more like Westworld every day. Nevertheless, it’s flying around literally everywhere via online ordering and personal transportation. That's fine. No one is in danger for any of the above either.
Hemp is legally defined as cannabis containing less than 0.3% THC, which means it could register as marijuana on a law enforcement field test. Would drivers of delivery trucks loaded with hemp get arrested as drug smugglers? Would people seeking pain relief with hemp-derived CBD get popped for “cannabis oil” possession?
The answer is a resounding yes.
How To Pack Your Carry-on Bag
The golden rule for flying with liquids and even toothpaste is that it cannot exceed 3.4 ounces (100ml).
Since CBD and medical marijuana laws can vary from state-to-state, there are still strident rules you must follow if you have a prescription for CBD. All CBD being taken through security must be compliant with the Agriculture Improvement Act 2018, according to the TSA website. It’s also important to keep your oil in its proper packaging and a note from your doctor nearby.
If a TSA agent is suspicious of anything found in your bag or on your person, they’re within their right to take the matter further.
“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer,” it says on the TSA website.
Be Advised: The Real Issue
CBD can potentially resemble any other product that contains THC for instance. It's unlikely that they could be confused but not all TSA agents are the same.
Some have confiscated CBD oils.
So what's the latest?
As of now, June 2019, TSA just updated its policy on travelers carrying medicinal CBD (cannabidiol) oil in both checked and carry on luggage.
Until now, the organization has emphatically told travelers to leave their CBD at home, but now that the FDA has approved the first CBD oil drug (Epidiolex) for seizures, the TSA seems to be following suit in order to allow travelers access to their medications — even though marijuana itself is illegal under federal law.
If you're one of the many traveling this season, be advised, and take precautions.
Hopefully, this has been yet another helpful Information Friday!
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