If you’re enjoying the benefits of CBD oil, you likely don’t want to leave home without your favorite CBD extract — especially if you’re traveling with a checked bag in the United States or to a far-off destination. That said, you might be concerned about the legality of traveling with CBD oil.
If you’re asking, “can I fly with CBD oil?” the short answer is “maybe.” It may depend on where you’re coming from, where you’re going and how you’re planning on carrying your CBD oil product.
Explore our guide for CBD flight protocol as we explore federal regulations, international laws, TSA policies and more.
Federal Guideline For CBD Oil
Is CBD legal to fly with? When it comes to CBD, laws and regulations are still being updated and amended as new information is discovered. For several decades, all forms of cannabis plants, like a cbd flower or hemp plant, were made illegal.
These stipulations made any research or development related to hemp unfeasible for scientists, even though hemp-derived products do not cause the psychoactive effects associated with THC.
This all changed with the passing of the 2018 Farm Bill, an expansive piece of legislation aimed at reinstituting hemp cultivation in the US.
The 2018 Farm bill instituted the following regulations around hemp and hemp products:
- Definition of legal hemp products – To ensure that all hemp products produced and sold in the US are non-psychoactive, the federal government stipulates that hemp-based products must contain 0.3% or less THC based on dried weight.
- Removal from the Controlled Substance Act – Before recent legislation, hemp and CBD products were listed as controlled substances by the federal government, incurring strict legal penalties for production, consumption and sales.
- Generalized legality – The Farm Bill creates a general process to ensure the legality of CBD through definitions and regulatory enforcement. That means that as long as a CBD product follows the federal stipulations, hemp-derived CBD products (including CBD oils) should be legal.
Unfortunately, it’s not only up to federal regulations to determine whether you can take CBD oil on your next flight. While federal protections may help you travel with CBD, there are other factors to keep in mind.
FDA Regulations For CBD Oil
The 2018 Farm Bill also stipulates that the Food and Drug Administration (FDA) is still the main regulatory body charged with investigating hemp and CBD products.
As such, it’s worthwhile to examine some of the FDA statements regarding hemp-based products to clarify if it’s legal to fly with CBD oil.
Consider the following FDA-issued facts regarding CBD legality:
- Medical products – Be wary of any CBD product marketed as a medical product. As of now, the FDA has only approved a handful of cannabis-derived or cannabis-related products. Any other products incorrectly listed as medication could be an instant red flag for travel.
- Dietary supplements – The FDA does not sanction CBD products as dietary supplements. That means it’s illegal to sell CBD products under the blanket of dietary supplements and traveling with CBD products labeled as dietary supplements could cause major problems for travel.
- Interstate commerce – It’s currently illegal to sell any foods containing CBD products across state lines. If you have preemptively added CBD oil to any foodstuffs and are looking to bring them with you as you travel, you could be breaking various FDA interstate commerce laws.
Typically, consumers have nothing to worry about when it comes to FDA regulations, as these regulations generally apply to commercial businesses and products. That said, it’s best to stay informed about FDA regulations to ensure full compliance when traveling.
International Guidelines For CBD Oil
There are more than just US guidelines to take into consideration if you’re planning a trip out of the country. International regulation could make transporting CBD oil much more complicated if you’re traveling overseas.
Every country has its own law enforcement regulations when it comes to hemp-based products, so it’s essential that you read up on your destination's specific laws regarding CBD oil.
Consider the following guidelines for overseas travel:
- Europe – The status of CBD remains highly controlled in many European countries. In countries like Italy and Belgium, CBD remains in a legal gray area, with specific restrictions regarding prescriptions and THC content.
- Canada – While cannabis usage has been widely legalized in the country of Canada, it remains illegal to cross the Canadian border with any cannabis-related products, including CBD.
- Asia, Africa and the rest of the world – Most countries outside of the Americas have yet to legalize CBD products. The legal status of CBD is questionable in some Asian and African countries. In general, international travelers should be particularly wary of traveling with any form of CBD.
Unfortunately, traveling with CBD can be highly risky in countries that have yet to directly legalize hemp-based products. Even if CBD is bought, sold and regulated by your country of destination, it may remain illegal to transport.
As such, travelers should be vigilant about international CBD laws as you may need to leave your oil at home if you’re looking to travel abroad.
State-Specific Regulations For CBD Oil
Despite the general legality of CBD at a federal level, many states have drafted legislation to limit the use of CBD products. As always, read up on your destination regarding CBD legality and always abide by any state-specific regulations.
Cannabis laws vary widely across the United States. While some states have fully legalized all recreational use, others continue to criminalize the possession of any amount.
While CBD legislation is usually not as strict, you should be aware of the following state restrictions:
- THC content – While federal regulations stipulate that all CBD products must contain .03% or less THC, some states may have looser or stricter regulations.
- Medical usage – In many states, CBD is regulated as a medical substance with a variety of usage restrictions attached. If you’re traveling to or from a state with medical cannabis laws, you’ll need to ensure traveling does not violate any state statutes.
- Type of product – CBD oil may be regulated differently than gummies, balms or smokable CBD products depending on your state of travel.
State-level CBD legislation can be relatively complex. Because hemp is no longer considered a controlled substance, it may be up to individual states how to classify and legislate CBD products. If you’re at a loss as to whether or not a state allows for legal CBD travel, consult with various state-run websites to get all the information available.
TSA Regulation For CBD Oil
The Transportation Security Administration (TSA) is responsible for the safety of all air passengers. Not only do they have their own specific guidelines for travel, but they also work directly with local and federal law enforcement agencies and are tasked with reporting any violations to the greater authorities.
Before you and your checked bag head out for your next trip you’ll want to check with TSA guidelines to make sure you can travel safely with your CBD oil.
Generally, the TSA has the following stipulations for traveling with CBD products:
- All federal mandates are enforced – The TSA is a federal agency and that means they are there to enforce all federal guidelines related to CBD. This includes stipulations regarding THC content.
- Liquids rule – For several years, the TSA has implemented specific rules regarding the transportation of liquids, gels, creams and pastes for air travel. Passengers may not bring more than 3.4 ounces of liquids with them in their carry-on bags, and all liquids should be placed in a separate container for inspection. The liquid rule applies directly to CBD oil.
- Security risks – Security is the main concern of TSA agents. They are not looking for illicit substances but during the process of a security check, they may have questions about what you’re carrying. It may be up to the individual agent to question you about the legality of your baggage.
Since the passage of the 2018 Farm Bill, few individuals have had issues with the TSA and airport security regarding CBD. That said, it’s best to avoid any potential issues by clearly following the TSA regulations and doing your own research to make sure you understand the rules and regulations for traveling with CBD oil.
CBD Oil Travel Checklist
All packed for your next getaway? If you’ve done your due diligence to ensure you’re prepared to travel with CBD oil, you should be set to enjoy the natural benefits of this wellness-supporting product.
Before you head out for your next trip, you might want to take a thorough look through the following checklist to ensure you’re traveling safely and legally with your CBD Oil:
- Destination research – Spend some time reading up on your destination’s specific CBD rules and regulations. If you’re not familiar with the legal status of CBD at your place of destination, look to federal, state and international resources to clarify any lingering questions.
- Legal THC content – Remember, 0.3% THC content is the maximum allowable amount by federal law. While CBD isolate oils and broad-spectrum oils contain 0% THC, full-spectrum CBD products may contain up to 0.3% THC. It’s up to CBD manufacturers to abide by federal regulations regarding THC contents, so ensure that you source your CBD oil from reputable companies with transparent business practices.
- Proper packing – Pack your CBD according to all TSA regulations and allow for easy access during security checks. It’s also recommended that you keep your CBD in the packaging in which it was sold to avoid any confusion during prescreening.
- Certificate of analysis – Quality CBD manufacturers employ third-party testing to report on the accuracy and quality of their products. A certificate of analysis may be useful to prove your CBD oil contains precisely what’s on the label.
If traveling with CBD is posing a potential hazard or leaving you stressed, consider leaving your oil at home. Today, companies can ship high-quality CBD directly to you quickly and safely, so you can avoid the complications of traveling with CBD oil.
Zebra CBD: Your CBD Partner Wherever You Are
While CBD is finally available for people across the country, travel is still a confusing and murky area when it comes to CBD products. If you’re looking for CBD products that you can enjoy nearly anywhere, Zebra CBD offers organic CBD that has been third-party tested for potency and quality.
Whether you’re looking for a full-spectrum CBD oil for a general wellness boost or a CBD Balm designed to provide muscle and joint relief, Zebra CBD is proud to offer reliable products with premium natural ingredients. We’re the only CBD company with a Label Accuracy Guarantee™, allowing you to feel confident every time you enjoy our products.
Sources:
UDA. Farm Bill. https://usda.gov/farmbill
FDA. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). https://fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd#food
Legal Reader. CBD in Europe: Legal Status of CBD Country by Country. https://legalreader.com/cbd-in-europe-legal-status-of-cbd-country-by-country/
Government of Canada. Cannabis and international travel. https://travel.gc.ca/travelling/cannabis-and-international-travel
WebMD. Is CBD Safe to Carry on a Plane? https://webmd.com/a-to-z-guides/news/20191127/is-cbd-safe-to-carry-on-a-plane
TSA. Medical Marijuana. https://tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana
TSA. Liquids Rule. https://tsa.gov/travel/security-screening/liquids-rule