As the CBD business continues to boom across America, in some areas of the country, it’s not technically legal yet. This may come as a surprise, but most Federal and State laws that are on the books involving CBD, do not align in most parts of the country. So, it is a good idea to know the legal status of traveling with CBD to your final destination.
A 69-year-old woman was recently arrested at Walt Disney World, near Orlando, Florida because she had CBD oil in her purse. Even though the CBD had been recommended by her doctor, the woman was arrested. The charge was later dropped, but the Orange County Sheriff’s Office responded in saying that its deputy was following the law. It is illegal to possess CBD oil in the state of Florida without proper registration and a medical marijuana card.
The 69-year-old was one of two people stopped with CBD oil at the park’s security checkpoints on April 15. Another person had a vape pen, cannabis and CBD oil, a deputy said in the body camera video. More than an hour of footage reviewed shows no signs of mistreatment, but the woman is demanding an apology from law enforcement and Disney.
While officials have said some forms of CBD are legal, the Florida state statute says otherwise. Leaving travelers to wonder if they should leave their CBD at home. Here are a few things to remember when traveling with CBD.
The TSA Quietly Updates CBD Policy
The TSA has always been clear on that flying with any form of marijuana, including CBD was illegal. However, over the weekend, the TSA quietly updated its “What can I bring?” page on medical marijuana to note that passengers can now fly with some forms of CBD oil and one hemp-derived medication approved by the FDA.
The TSA said that the change was prompted by the lone FDA approved drug containing CBD, Epidiolex. Epidiolex, which is used to treat seizures in children with epilepsy was approved by the Food and Drug Administration late last year and is the only FDA approved drug containing CBD.
The new notation per the TSA website now reads:
Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.
Products/medications that contain hemp-derived CBD or are approved by the FDA ar4e legal as long as it is produced within the regulations defined by law under the Agriculture Improvement Act 2018.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”
In the past, the TSA didn’t differentiate between marijuana and hemp-derived products containing little to no tetrahydrocannabinol, or THC, the psychoactive chemical in marijuana. The new rule does not change the TSA’s ban on other forms of marijuana, including CBD oils or cannabis-infused products containing THC.
As the TSA’s “What can I bring” page notes, “The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.”
So, remember if a TSA agent does discover what they consider an illegal substance, they will act accordingly and alert law enforcement officers. Long story short, do not attempt to fly with cannabis or hemp products that contain THC, because even if you get past security screenings, there are always customs checkpoints (on international flights) and other agencies (such as the DEA) that are constantly monitoring the airport.
Know the Legal Status of CBD & Marijuana at your Destination
For most of us it is as simple as using Google. Just make sure that you are getting your information from a reputable source, like local and state government websites. Remember, this update and decision by the TSA does not have an impact on state and local legislation. It is better to be safe than to miss out on part of your road trip or vacation due to a misunderstanding with local law enforcement.
Changing Attitudes & Future Changes of Traveling with CBD
We know it’s a bummer that we can’t take all CBD products with us on vacation and all we can do, for now, is be patient. This development by the TSA shows a positive change and shift that American culture is embracing hemp-derived products. A couple years ago, if one wanted to read about these topics, you would either read High Times or Vice. Now there are numerous online publications that produce quality and trustworthy content about formerly taboo topics. You can even find cannabis-themed books and shows on Amazon or Netflix, along with hemp publications and foods at Whole Foods.
We are now living in a world in which hemp is finally reaching a point of normalcy. Increasingly, these products are becoming a part of thousands of people’s everyday lives. So, with that being said, be responsible. Don’t bring anything illegal on flights, or when you travel, enjoy yourselves responsibly.