Can I Fly with My CBD Products?
There is a growing interest in the use of products containing CBD (Cannabidiol). These are products containing oil that is derived from the hemp plant, the same plant that produces marijuana. Unlike medical marijuana, CBD products contain little or no THC, the psychoactive compound found in marijuana.
In 2018, Congress passed a new Farm Bill (Farm Bill) known as the Agriculture Improvement Act of 2018. Under this new law, farmers who meet the requirements of the bill are able to grow hemp and use that hemp to extract CBD oil. While marijuana and cannabis products remain illegal under federal law, the Farm Bill now makes the possession and use of CBD products produced in accordance with the Farm Bill legal.
This change has resulted in an update in policy by the Transportation Security Administration (TSA). The new rule means that TSA screeners will permit passengers to travel with legal conforming CBD products in both carry-on and checked luggage. This does NOT mean passengers can bring medical marijuana through TSA checkpoints, even if the passenger is permitted to use/possess marijuana in both the departure and arrival city. For example, Colorado and California have both allowed the recreational use of marijuana. This does not mean that a passenger can pass a TSA checkpoint and bring marijuana from Denver to San Francisco, even though it would be legal to purchase and consume the products in each location.
The official policy as announced on the TSA website states: “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.”
About the Author: Tom Moring is a partner at the Phoenix law firm of Jaburg Wilk. He assists businesses and helps them resolve disputes. He has extensive experience in managing commercial litigation from investigation to trial. Tom can be reached at firstname.lastname@example.org or 602.248.1000.