March 19, 2020 3 min read

CBD or the Cannabidiol is one amongst the 100 naturally occurring compounds called Cannabinoids, released from the Cannabis Plant. CBD is mainly extracted from the leaves and flowers of the plant, and as opposed to the other compounds, CBD is non-psychoactive in nature.

The non-psychoactive nature of the CBD makes it a potential natural remedy to treat many common ailments. CBD mixed with oil imparts the feeling of relaxation and calmness in mind. The usage of CBD oil has taken a giant leap in the past few years. Mass consumption has also enabled users to order these products online.

The magical healing property of CBD has led many air travelers around the world to use it as a remedy for anxiety and jet lag. But the law regarding the legality of the compound has hovered a cloud of uncertainty. 

 

There are certain things that you should know before flying with CBD oil. 

 

 

The Farm Bill enacted in 2018 took CBD off the list of Schedule 1 Narcotics and made it federally legal to produce, purchase and use. However, only the CBD derived from hemp is valid. The rule says that the derived CBD should not contain THC level of more than 0.3%.

While CBD derived from marijuana is still illegal, and anyone caught up with that is undoubtedly going to go through the legal process. 

Though, the law made it explicitly clear that the permitted amount of hemp-derived CBD in the luggage is 0.3%, the arrest of a 71-year-old woman carrying CBD oil at Dallas Fort Worth International Airport in 2019 has again ignited the debate around the legality issue.

In response to the arrest, Transport Security Administration (TSA) has clarified its policies surrounding the legality of carrying CBD in air travel.

TSA policies clarify that specific CBD or its products are legal only if- 

  • It's part of Medical Marijuana
  • It contains no more than 0.3% THC 
  • FDA approved Pediatric anti-seizure medication- Epidiolex 

Anything that doesn't fit in the criteria mentioned above is illegal. 

FDA has also placed restrictions on the added CBD. CBD, used as an additive in food, beverages, etc, is not permissible by law.

The rules regarding the CBD tincture enable only those that fit within the liquid restrictions of 3.4 ounces or less.

However, in case you are carrying FDA approved drug -Epidiolex, it is necessary to carry prescription and other relevant documents to ease the process of check-in.

Though all these rules legalize carrying CBD if it's under specific regulations, the officials at TSA have very little information in differentiating CBD from other compounds found in cannabis. 

TSA might stop you if they find something fishy in your product, and the sample would be sent to field testing and laboratory testing. This testing can, however, take months.  

However, even if you are carrying a permissible amount of CBD and TSA stops you for screening, the best is to not get in any argument with the TSA. The final decision rests with TSA to allow or disallow any item through the checkpoint. 

 

Legal Status of CBD in the U.S

 

Though CBD under certain regulations is Federally approved and even the 33 states have legalized the use of medicinal marijuana, there is still the discrepancy between federal and state laws regarding the production, sale, and transportation of CBD on the plane.

It is advisable to first get a complete knowledge of the state laws before boarding the plane. 

 

International laws regarding CBD

 

CBD legal status varies from state to state, and many countries and groups like E.U have made their own rule of the THC content of or below 0.2% to make it legally permissible to carry.

Apart from the E.U, many member states like Italy have made a rule of THC permissible limit to 0.6%.

In countries like India, CBD is still an illegal commodity, and if anyone is caught, it will lead to arrest and detention.

 

Conclusion

 

CBD is still the latest thing, and many rules and regulations regarding the usability of the product are not yet established. There is a discrepancy in the state as well as federal laws regarding the allowable amount. Thus, if you are adamant about carrying CBD oil while flying, it is advisable to first get complete knowledge of the laws of the places that you are going to visit.

 

Nancy Fernandez
Nancy Fernandez



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