CBD was declassified as a Schedule I substance with the passage of the 2018 Farm Bill, but differing rules at the state level mean that flying with CBD can potentially pose issues. Is flying with CBD permitted or should you leave your products at home before traveling by air?
At Dallas Fort-Worth Airport in Texas, confiscation of CBD products from international travelers have “skyrocketed” in the last year, according to a recent local NBC report. Customs officers have been quick to take away products if a field test shows that the product contains any amount of THC.
A Customs and Border Protection spokesman also said in a statement that "CBD oil is considered a controlled substance under U.S. Federal law. Travelers found in possession of controlled substances at U.S. ports of entry can face arrest, seizures, fines, penalties or denied entry.” Meanwhile, Transportation Security Administration guidelines state that “cannabis infused products, such as Cannabidiol (CBD) oil, [are] illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of…cannabis infused products.”
However, some attorneys have argued that the the 2018 Farm Bill allows people to transport hemp-derived CBD products. The lead lawyer for the U.S. Hemp Roundtable has also echoed this and said that no one should be detained for possessing CBD oil.
"Federal law is very clear. And when a Customs official pulls someone over for this, he or she is acting in the wrong,” said Texas attorney Jonathan Miller. "I am hopeful [customs officers] can use their resources and their time [to prevent] things that actually hurt people.”
It’s also important to note that Americans traveling internationally should research the CBD laws in the country they are planning to enter as they may be much stricter than in the U.S. As an example, European countries require CBD products contain no more than 0.2% THC. In other words, a CBD product containing 0.3% THC is legal in the U.S., but could lead to consequences across the pond.
If you’re planning to travel by air in the near future, here are some alternative options
Use CBD Beforehand: Putting CBD oil in your morning coffee or taking a capsule before you get on the plane will allow you to enjoy the benefits of CBD without any worries.
Have CBD At Final Destination: Consider mailing your preferred CBD products to the location where you will be staying.
Alternate Travel: Although this may not always be possible, you could opt to travel by car, bus or train to your final destination instead.