TravelLatte: “Traveling with CBD.”
Marijuana Policy Project.
The other complicating factor is that some states may have more restrictive laws regarding CBD. In Virginia, for example, you can only purchase CBD with a prescription. And CBD of any type is not allowed in dietary supplements or food, the FDA says.
If you are traveling with medical marijuana or an FDA-approved drug, take your prescription with you in case there are any questions. Keep the marijuana and the prescription drug in original packaging.
Who gets the final word? The TSA website posts: The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
And no, there won’t be a TSA dog sniffing your luggage or purse. “TSA K9s only search for explosives and explosive components,” Harmon says.
Besides packing the CoA, ”print out the latest regulations that TSA has posted, or have the link to the latest regulations on your phone,” Wolfe suggests. That way, if you encounter a new TSA agent or one unfamiliar with all the regulations, you have support.
We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products. Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include: pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others.
It is important for all employers and safety-sensitive employees to know:
It remains unacceptable for any safety-sensitive employee subject to the Department of Transportation’s drug testing regulations to use marijuana. Since the use of CBD products could lead to a positive drug test result, Department of Transportation-regulated safety-sensitive employees should exercise caution when considering whether to use CBD products.
The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act. Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances. THC is the primary psychoactive component of marijuana. Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. This policy and compliance notice is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with this policy and compliance notice is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations. Safety-sensitive employees must continue to comply with the underlying regulatory requirements for drug testing, specified at 49 CFR part 40.
Here’s what that means:
The TSA says it’s legal, and TSA agents should know the law. But what happens when a lot of people should know something? Some of them don’t. So it’s best to be prepared for a little extra scrutiny from the agent and officer who missed orientation.
When Did The Law Change?
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%.
Also, make sure to keep products in their original packaging. That way, if a curious TSA agent does happen to stop you, you’ll be able to clearly and easily identify what you’re carrying.
However, the TSA didn’t comment directly until 2019. That’s when they updated their policy to clarify that yes, you can bring CBD on carry-on or checked luggage.