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Across the United States, cannabis is becoming more legal by the day. But just how legal is it? Legal enough to fly with? And even if it’s legal, actually getting through airport security another challenge altogether. Well, as of earlier this year, traveling throughout the United States with hemp-derived CBD on hand became possible. After reading, click here for a detailed list of each state’s stance on CBD.

TSA

According to the Transportation Security Administration (TSA), security officers do not actively search for marijuana, (or any other illegal drugs for that matter). However if they happen to notice or find an illegal substance, applicable laws will be strictly enforced.

With the right kind of CBD, however, these laws don’t apply to you. As long as your CBD product is from hemp and contains “no more than 0.3 percent THC on a dry weight basis”, then you should have nothing to worry about.

The official TSA policy for medical marijuana and hemp-CBD.

If you’re met with adversity from an ignorant official regarding your CBD, remind them that the Farm Bill, also known as the Agriculture Improvement Act of 2018, was passed December 2018. This bill removed hemp from the definition of marijuana, inferring that hemp-derived CBD is federally legal, presuming it contains less than 0.3% of THC.

One very important caveat to keep in mind is the size / capacity of the the product. If you have a 4 oz jar of CBD oil (or lotion), you are over the 3.5 oz limit that the TSA imposes on liquids in carry-on luggage. If you’re traveling with products over the 3.4 oz limit, you’re better off keeping them in your checked baggage.

All of Nuvamed’s products are within the 3.5 oz limit for this exact reason – we want to make life easier for you, especially on-the-go. If you have a Nuvamed product confiscated by airport security, please contact our support to see if we can replace your item.

FDA

The changes in TSA’s guidelines were in direct response to those people needing to travel with Epidiolex, a pharmaceutical drug derived from CBD that’s used to treat certain forms of epilepsy. At this writing it is the only FDA-approved CBD product on the market.

Even though the FDA approved this drug, resulting in a TSA adjustment, it technically considers most CBD products illegal (somewhat contrary to the federal government’s position). Members of congress are pleading for the FDA to hurry up and set guidelines to allow hemp-CBD products, in order to facilitate the inevitable. Regardless, now that hemp-CBD is safe for flying, TSA policies are far outside of the FDA’s purview.

Risks Still Exist

Chances are you won’t even be questioned at the airport regarding your CBD, but if questions arise, be prepared to state your case. Unless you’re a chemist it’s quite impossible to prove that your CBD product contains less than 0.3% THC – even if it’s labeled as such.

Some shady manufacturers market their products within this legal limitation, even though the products actually contain more THC than the label implies. Do your best to know the law and proceed with caution. Look for a Certificate of Analysis (COA) with your product, and consider saving a copy for when you travel.

If the brand you bought from doesn’t provide a COA, then it’s time to find a new one. You wouldn’t want the TSA to test your product and discover it’s federally illegal. The last thing you need at the airport is to get arrested on drug charges.

But let it be known: hemp-derived CBD-products under 3.4 ounces are safe and legal to take through USA airport security. If products contain more than 0.3% THC, they are illegal to take on board. Marijuana-derived CBD is still not permitted as marijuana remains illegal under federal law.

Still, Do Your Research

Laws do vary from state to state, so do your research. You might get on and off your flight just fine, but your hemp-CBD could get confiscated if the laws in your destination state are different.

For those traveling internationally, bringing CBD of any kind is generally not advised. While the laws in the United States are loosening their stance on cannabis, other nations maintain strict zero-tolerance laws regarding cannabis possession of any kind.

Thank you for reading! Knowledge is power, and learning is key to living a better life.

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