Are You Getting Arrested for Riding With CBD Oil?
A woman was recently arrested at Disneyland for transporting a banned substance: CBD oil, which was reportedly used to relieve arthritis pain.
Despite legalization in 33 states, it is difficult to travel with pot, even from one state to another, where both have legalized its recreational and medicinal use. But the lines get a little more blurry with CBD oil , which is sourced from the chemical component of cannabis and is widely touted as a fashionable panacea for hundreds of health problems.
Fortunately, this week, TSA changed its CBD oil policy in a big way , now clearly allowing travelers to pack CBD-derived hemp oil (and any FDA approved medical marijuana) in their carry-on luggage and checked bag for the first time.
Flying with THC CBD Oil Remains Illegal
According to Points Guy , at the airport, TSA agents must involve local law enforcement if a traveler has cannabis, no matter how much he has or whether he has a medical card. However, this shouldn’t make you panic.
“Let’s be honest: TSA employees are NOT looking for marijuana or other illegal drugs,” TSA wrote on their official Instagram account . “Our verification procedures focus on security and potential threat detection. But in the event that the substance turns out to be marijuana or a product containing hemp, we are required by federal law to notify law enforcement. “
And the fact that you get caught does not necessarily mean that you will be arrested for possession – it depends on your departure and the state of destination. In a place like Oregon, where cannabis is legal, you will be fine, but in states where it is still a crime, you may run into problems. “Last year, Wyoming law enforcement said CBD was a controlled substance and was charged with criminal possession. The law has changed this year, ”wrote Alex Friborg of Freeburg Law . “I represented a relief worker who was detained for two days and charged with a felony related to CBD products sold in stores here.”
Some local law enforcement agencies may also impose certain restrictions on the possession of cannabis; at Los Angeles International Airport, you can travel with 28.5 grams of cannabis and 8 grams of concentrated cannabis (although this does not guarantee you the same protection at your destination). At other airports, you may be allowed to leave cannabis in amnesty boxes or return it to your car without any consequences.
Also good news for some consumers of CBD oil: as of December 2018, hemp has been legalized under the Agriculture Act. With the recent changes made by the TSA, you are now allowed to travel freely with hemp-derived CBD oil, which was unclear prior to the update on its website . The update was prompted by the need to accommodate those traveling with Epidiolex, a drug that is used to treat epilepsy in children and contains CBD oil, according to a TSA statement shared with the Marijuana Movement .
However, traveling with marijuana-derived CBD oil remains illegal. (Tetrahydrocannabinol or THC is the deciding factor here. Cannabis usually contains much less THC than marijuana, which played a role in its legalization last year.)
However, you can also get into trouble when someone like a TSA agent or police officer can’t tell the difference between hemp and marijuana derived CBD oil. TPG notes that if a TSA agent catches you with any of them, at least you can expect a delay on your way out. A TSA spokesman told the Marijuana Movement that if questions arise as to whether a particular substance is illegal under federal law, the matter can also be brought to the attention of law enforcement.
Problems can arise on cruises or on federal states.
Both Carnival Cruise Lines and Disney Cruise Lines also prohibit the use of CBD oil on their ships. You are also not allowed to use cannabis, including CBD, while visiting any national park , regardless of whether it is in a state that has legalized cannabis use; these state lands fall under federal jurisdiction . (Hemp-derived CBD oil is probably the only exception.)
While it can be very easy to transport the tincture on any mode of transport, this does not mean that it is allowed. As with the Disney World woman, she may have been able to bring her tincture from her North Carolina home to Florida, but she still obeyed Florida’s cannabis laws for recreational purposes. You should study all the conditions in which you are traveling and be aware of the consequences of carrying cannabis in advance.
How not to get into trouble
- When traveling with hemp-derived CBD , review your product’s Certificate of Analysis and print a lab report that confirms its THC content. If you have any problems, you can report it to a TSA agent or employee.
- If you travel between states and drive through a state where cannabis use is not legal, you are still subject to that state’s criminal law.
- If you are traveling overseas, it is generally not advisable to bring CBD oil. Both cannabis and marijuana may be subject to stricter regulation at the destination, which could lead to stricter fines.
And if you want CBD oil to ease your anxiety during flight, try taking it ahead of time. Or find and research a dispensary at your destination where your favorite oil may be in stock.
This story was originally published on 5/9/19 and updated on 5/29/19 to reflect the recent TSA policy change.