Last Updated on March 30, 2021
The Farm Bill removed hemp and cannabis with low concentrations of THC from the definition of marijuana in the Controlled Substances Act. So now many people are using CBD oil to treat anxiety and other ailments.
But can you fly with CBD oil? Is it legal to take it on to a plane?
Let’s take a look at the rules.
TSA CBD Oil Rules & Regulations
When you are flying federal law applies, even if you are not leaving your state.
The Transportation Security Administration is the organization that stops passengers from taking things on to planes. They run the security checkpoint where your carry-on luggage is screened and they also screen checked luggage behind the scenes.
The TSA is not really in the business of law enforcement, they are responsible for aviation security and are mainly looking for weapons or explosives.
Here is what they say about medical marijuana.
This big blurb sounds complicated and a bit scary.
But here is the simple answer.
You can take CBD oil on a plane if it contains no more than 0.3 percent THC or is FDA approved medication.
TSA officers will report to local law enforcement any marijuana products that they find that are not legal under federal law.
Bringing CBD Oil In Carry On Luggage
If you are packing CBD oil in your carry-on bag it’s probably best to pack it in your quart-size liquids bag and only bring containers under 3.4 ounces.
While you can bring liquid medications in containers larger than 3.4 oz you need to get approval from the TSA security officer to do this. This would involve them carrying out additional screening on your product.
There are a great many different types of products that contain CBD.
- CBD Oil
- CBD Vape Juice
- CBD Vape Pens and Cartridges
- CBD Tea
- CBD Pills
- CBD Drinks
- CBD Flower Bud
- CBD Gummies/Jelly Sweets
- CBD Lollipops
- CBD Kombucha
- CBD Bath Bombs
- CBD Cream, Moisturiser, Lotion, Ointment, Or Muscle Rub
In theory they are all legal and able to be brought on to planes if the THC concentration is below 0.3 percent.
The only product that I might hesitate to fly with would be CBD flower bud. The TSA officer might mistake it for weed. The TSA can’t test your CBD product at the checkpoint for THC levels. Instead they would rely on the packaging.
CBD flower just looks too much like weed and I’d be worried I’d end up missing my flight if the police became involved.
Bringing CBD Oil In Checked Luggage
The same rules apply about bringing CBD oil and hemp derived products in checked luggage. The the THC content is under 0.3 percent then it’s legal and you are allowed to pack it in your checked bag.
However, checked luggage is not a good place to pack CBD oil. Valuables go missing from checked luggage all the time and you might find that your CBD oil mysteriously disappears.
Also there is the chance that your checked luggage just gets lost or delayed. Since CBD oil is a small item it’s best to pack it in hand luggage.
It’s worth noting at this point that if you are flying with a vape pen for CBD juice then you are not permitted to pack the vape pen in your checked bag. This is because of the risk that the battery can catch fire. Vaping devices, including those being used for CBD vaping, are required to be packed in carry-on bags.
Flying Internationally With CBD Oil Or Other Cannabidiol Products
If you are traveling with CBD products internationally then you need to check the laws for your destination country.
Still Unsure? Try Asking The TSA
Usually the TSA are very good at providing answers on Twitter.
When it comes to CBD they seem to be playing it a little bit cautious. They simply copy and paste the same answer again and again and they don’t elaborate.
Flee wanted to bring CBD infused gummies to help with anxiety when flying.
The TSA answered thus:
Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. TSA officers are required to report any suspected violations of law to local, state or federal authorities.@AskTSA on Twitter
That’s the copy and paste answer that the TSA is giving these days for CBD oil.
Andrea tried to get a straight answer out of them about bringing CBD through airport security.
And it was left to another Twitter user to answer. If your CBD oil is legal then you shouldn’t have any trouble traveling with it.
Jonah asked about hemp-derived CBD products and what labels the products should have and if there were any limits to how much CBD he could travel with.
Again the TSA copied and pasted their stock answer…
Jonah tried to get clarification about bringing CBD flower the TSA didn’t answer or elaborate.
CBD flower looks just like weed. I’m not sure how a TSA officer could be expected to differentiate between illegal marijuana and legal cannabis hemp flower.
I don’t advise flying with CBD flower and I’ll tell you why.
It’s not because I think you would end up in trouble with the law, the law could test it and realize it was produced within the regulations and the THC content was below the legal limit.
But if the TSA officer thinks it is marijuana and reports you to the law you might end up missing your flight!
Clearly labeled legal CBD oil or vape juice is a better option for traveling with.
This passenger wanted to bring a big basket of assorted CBD products on a domestic flight.
Again, they didn’t answer his question and simply copied and pasted the stock response. This is very unusual for the TSA social media team. They usually engage and will answer specific questions. It seems like their hands have been tied when talking about traveling with CBD products.
There appears to be no limit to how much CBD products you can bring on a plane so long as all the products are legal under federal all and don’t contain more than 0.3 percent THC.
On domestic flights in the United States you can travel with CBD oil and other cannabidiol products if the THC content is below 0.3 percent.
CBD oil containing THC above 0.3 percent is illegal under federal law. If any illegal substance is discovered during security screening remember the TSA will report any suspected violations to a law enforcement officer.
The TSA don’t have the ability to test the THC concentration of oils or tinctures. I’d avoid flying with CBD flower because it looks and smells like marijuana.
It’s probably better to travel with a CBD oil that mentions the THC concentration on the bottle or in documentation.
When traveling internationally you need to check the local laws of your destination country.