Flying with CBD Oil — An Update
Due to its connection with cannabis, CBD oil was initially considered illegal in many states. However, in recent years, it has gained popularity and legalized by virtually all states in the US.
Over the years, TSA has been reluctant to allow marijuana and its products on the list of what you can carry to the plane. This is despite the fact that recreational marijuana is legal in some states while some medicinal products such as CBD oil have been legalized in all states.
Until May this year, any form of marijuana, including products for medicinal purposes, were not allowed by the TSA. Recently, they have updated their list of what to carry in which they have included some medicinal products derived from hemp and cannabis. In this list, TSA has acknowledged that passengers can take CBD oil with them during flights.
Only Approved Products
Despite the changes, TSA has been clear that only the products accredited by the FDA are allowed. Although several hemp and cannabis products are deemed legal, very few have been approved. In the case of CBD oil, only Epidiolex for seizures has been approved.
Through their twitter account @AskTSA, they advised passengers to only carry the products that are approved by relevant authorities. The tweet on 28th May 2019 was essential in advising the passengers, but it is evident that some people are not aware of the products that are approved and not approved.
Marijuana and Cannabis-Infused Products
TSA reported that marijuana, as well as all cannabis-infused products, should not be confused with the legal products. These products remain illegal as indicated in the federal law; thus, they should never be carried to flights. The TSA staff were advised to report any person in possession of the illegal products.
Some CBD oils are considered illegal since they contain a significant amount of cannabis that can affect the mental state of a person. In this regard, the TSA urged the public to be aware of the Agriculture Improvement Act developed in 2018. This law controls all products approved by the FDA to ensure they adhere to the required standards.
TSA security search is mainly focused on detecting any threats to ensure the safety of the passengers. They don’t focus their search on illegal products; however, if a person is discovered with any illegal product including illegal CBD oil, they will be handed over to the authority.
Interestingly, it is not clear on how TSA will determine whether a product contains illegal substance such as THC-high CBD oil since they don’t test the products before allowing someone to board the plane. TSA spokesperson indicated that, in case of suspicion, a person will be handed over to the authority for further interrogation.
Opinion from Legal Experts
Legal experts have pointed out that there is a split between government authorities with one side in support of legalizing marijuana for specific use while the other side against its use, especially for recreational purposes.
Secondly, the government is falling for the public mood and may soon legalize marijuana. Finally, legal experts are quick to confirm that marijuana remains illegal and, if found in a plane, will be handled as an illegal product under federal laws.