Unfortunately, there’s no simple answer to that question. To help ensure you are complying with federal and local laws, it helps to have an understanding of the differences between marijuana and hemp.
Marijuana has a greater percentage of THC and can produce the “high” feeling. In some states marijuana is legal in certain circumstances, but there are limitations to its use.
Outside of domestic air travel, traveling with CBD gummies may be a bit more difficult. Due to differences in international law, traveling with CBD derived from any source may not be legal. Local law enforcement in another country may classify even small amounts of CBD as an illegal substance. Possession of CBD products could be considered cross-border drug trafficking.
To help ensure you are complying with federal and local laws, it helps to have an understanding of the differences between marijuana and hemp.
Cannabidiol, otherwise known as CBD, is a non-psychoactive cannabinoid derived from the cannabis plant that is commonly used for its mood-boosting and wellness properties. CBD is found in both the hemp and marijuana strains of the Cannabis sativa plant. Hemp differs from marijuana in that it is primarily grown for its fibers and seeds (which are used in multiple industries), and industrial hemp contains less than 0.3% of THC (the psychoactive cannabinoid of marijuana).
In 2019, the government agency announced: “ TSA officers DO NOT search for marijuana or other illegal drugs … 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.”
Good News: the Transportation Security Administration (TSA) has already commented positively on the legality of flying with CBD oil. (More on this below.)
If you use CBD regularly and you’re getting ready to travel, you probably want to know if you can fly with CBD. What are the rules? Which type of CBD is best to fly with?
It’s Legal to Fly with CBD, But You May Get Hassled
Want to fly with CBD and not get hassled? Fly with the right kind of CBD. (Keep on reading)
If you’re assuming that it’s still illegal to fly with CBD, that’s because the law only recently changed. In December 2018, Congress passed the Farm Bill , which legalized the sale of CBD derived from hemp, as long as the THC level is below that 0.3%.
Unfortunately, you may not even be safe if you’re flying into the US. In May of 2019, a 71-year-old grandmother heading home from Mexico and passing through Dallas/Fort Worth International Airport was arrested for traveling with CBD oil and given a felony drug charge. She spent two nights in the DFW airport jail. At the time, customs officials said laws permitting CBD were still in the process of being implemented.
The TSA says as much on their website :