Can I Travel With CBD In 2019?

Since the boom of CBD, there’s been overwhelming confusion about CBD’s legality while traveling by plane. This article will give you a clear picture of where CBD now stands in regards to flying.

Is CBD legal in 2019?

Hemp-derived CBD is in fact legal in all 50 states as long as it adheres to regulations of the new Farm Bill. According to the government, any hemp-derived CBD that contains less than 0.3% of THC is considered hemp. With that said, hemp-derived CBD products have continued to flood the market and continue to provide therapeutic values when formulated by a reputable CBD company (1).

Although most reports are anecdotal, some patients have found CBD to relieve a whole host of symptoms: insomnia, chronic pain, inflammation, digestive issues, social anxiety disorders, neurological conditions, and even symptoms of Parkinson's disease.

Perhaps what’s most impressive is in 2018, the Food and Drug Administration (FDA) approved of a CBD oral solution known as Epidiolex –– which is used to treat severe forms of epilepsy such as Dravet and Lennox Gastaut syndromes (2). This approval has unveiled that CBD does in fact contain healing properties confirmed by science. Yet CBD continues to remain in a legally grey area.

However, in the 2018 Farm Bill, hemp-derived CBD was removed as a Schedule I substance,  thus legalizing CBD under U.S. federal law (3). Unfortunately, this still makes selling hemp-derived CBD as a supplement a bit problematic.

The possession of CBD and the TSA

Just last year, traveling by plane with CBD was highly frowned upon. The Transportation Security Administration (TSA) issued special instructions on all forms of cannabis. Their instructions stated, “Possession of marijuana and cannabis-infused products, such as Cannabidiol (CBD) oil, is illegal under federal law (4).” Although hemp-derived CBD was thought to be legal in 2018, people were under federal jurisdiction once they entered a TSA checkpoint.

Still, some passengers rolled the dice and traveled with their CBD products in hopes to slip through undiscovered. After all, the TSA’s sole purpose it to ensure the safety of the passengers and remove any possible threat to the flight. Yet, in 2018 the TSA indicated that they will refer to law enforcement if a chemical, substance, or drug is discovered and contains illegal compounds like cannabis (marijuana or CBD that contains trace amounts of THC) (4).

Unfortunately, the TSA did just that. As of May 21st of 2019, a grand jury of Tarrant County declined to pursue the case of 71-year-old Lena Bartula and dismissed the charges of her arrest. Bartula had been arrested on Sept. 16th, 2018, in the Dallas/Fort Worth International Airport. She was planning on flying to Oregon. She was arrested for the possession of CBD oil, which was found in her travel bag. Bartula was later thrown in jail for two nights on a felony arrest (5).

In another case, a Collin County college student was caught by officers for the possession of “hemp CBD”. According to Dallas/Fort Worth NBC, records indicate that there are at least seven other cases involving CBD possession. The same goes for additional airport arrests that are still awaiting their fate (5). While there’s no doubt that CBD is quite beneficial in providing relief, it is certain that the possession of CBD may lead to incarceration if officials discover it and dub it suspicious.

Flying with CBD in 2019

Fortunately, there has been a change in TSA’s “special instructions” regarding medical marijuana and some forms of CBD products. The change took place over 2019 Memorial Day weekend.

In fact, the new special instructions now read, “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 are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act of 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 (6).”

Additionally, a twitter account of @AskTSA stated that “products that contain hemp-derived CBD oil or are FDA-approved are generally legal & can fly.” With that said, the TSA still bans marijuana and all forms of cannabis-infused products such as CBD oils that may contain THC, that do not fall under the Agriculture Improvement Act of 2018. Yet, it’s not yet clear how the officers of the TSA will differentiate whether a substance is abiding by the 2018 Agriculture Improvement Act or not (7). Although this change seems to bring comfort to passengers that rely on hemp-derived CBD for their medical and personal needs, the “regulations” that the TSA is referring to still remain a bit confusing.

On April 15th of this year, 69-year-old Hester Jordan Burkhalter was arrested at the checkpoint of Disney World in Orlando, Florida for the possession of CBD oil. According to the arresting officer, Vincent Lebron, the “substance” was tested with a “marijuana presumptive drug test kit.” Lebron later reported that there was in fact “a presumptive positive result for the presence of THC.” It isn’t clear if Burkhalter’s CBD oil contained the legal amounts of 0.3% of THC or not. However, the state's attorney office dropped all charges regarding Burkhalter’s case (8). Regardless of TSA’s new guidelines for possession of CBD, it could still potentially result in some future airport arrests.

So the question remains, “Can I fly with CBD?”
The answer is yes, as long as the CBD is hemp-derived and remains under the regulations of the 2018 Agriculture Improvement Act. It’s crucial to purchase CBD products from reputable companies that thoroughly have their final products third-party tested to ensure it falls within the 2018 Agriculture Improvement Act. Flying with CBD in 2019 seems to have taken a positive step in the right direction, but passengers should still fly with caution. Remember that flying with CBD remains risky for those who are uncertain whether their CBD products fall within the new regulation’s guidelines.

Sources:
1. https://cbdorigin.com/is-cbd-legal/
2. https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-compris
ed-active-ingredient-derived-marijuana-treat-rare-severe-forms
3. https://www.hallrender.com/2019/01/18/fda-clarifies-position-on-cbd-after-passage-of-20
18-farm-bill/
4. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana
5. https://www.nbcdfw.com/investigations/Traveling-Grandmother-Jailed-for-CBD-Oil-I-Slep
t-on-the-Floor-Next-to-the-Toilet-510235621.html
6. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana
7. https://www.forbes.com/sites/suzannerowankelleher/2019/05/29/tsa-update-flying-with-s
ome-cbd-oil-is-now-okay/#56c23eb578af
8. https://www.usatoday.com/story/travel/experience/america/theme-parks/2019/05/08/grea
t-grandmother-arrested-disney-world-over-cbd-oil-her-purse/1148429001/