CBD Oil – Travel Rules Relaxed (Slightly)

CBD Oil – Travel Rules Relaxed (Slightly)

While the federal government still prohibits possession of the psychoactive ingredient in marijuana, rules on traveling with CBD oil, a hemp derivative, were loosened in a limited fashion for travelers in late May.

The policy change posted on the Transportation Security Administration (TSA) website said that the agency would allow travelers to carry Epidiolex, an anti-seizure drug that contains CBD oil, which was approved by the Food and Drug Administration in June of 2018.

The TSA said any CBD oil carried onto airplanes has to be produced. “within the regulations defined by law.” The statutes are spelled out in the 2018 Farm Bill, technically the Agriculture Improvement Act of 2028.

TSA agents are still required to report any illegal product containing THC to regional authorities


Hemp oil has little to none of marijuana’s psychoactive ingredient, which is tetrahydrocannabinol, better known as THC.  This is still illegal in anything larger than trace amounts under federal law, even though 33 states have relaxed their marijuana laws in recent years.

Federal law prohibits any product that is more than 0.3 percent TCH on a dry weight basis unless it is approved by the FDA. However, Epidiolex, which is prescribed for children, is the first and only drug with hemp oil approved by the FDA. Further, travelers beware: TSA agents are still required to report any illegal product containing THC to regional authorities.

However, the TSA posted a message on their Instagram account that said, “Let us be blunt: TSA officers DO NOT search for marijuana or other illegal drugs. Our screening procedures are focused on security and detecting potential threats. But in the event a substance appears to be marijuana or a cannabis-infused product, we’re required by federal law to notify law enforcement.”

One bit of sage advise from the marijuana industry instructs CBD oil users to take the appropriate dose before they travel, but not to travel with any of the drugs in their possession. Instead, take the right dose, travel, then buy more CBD oil at your destination, provided it is legal there.

Arrests Make Headlines

The medical community, meanwhile, seems to embrace new uses for hemp derivatives or THC every day, pushed by either their patients, the marijuana industry or both. However, this has led to some headline-worthy incidents of late.

In one incident, a 71-year old woman was arrested at the Dallas Fort Worth International Airport in May for trying to bring a hemp oil product onto an airplane. In another publicized incident, a woman was arrested at Disney World for carrying a hemp-oil product she said she used to treat her arthritis.

Marijuana has been by millions as a recreational drug and as a pain killer and many states have loosened laws to accommodate both of those uses. However, traveling with either THC or hemp-oil based products has always been risky as crossing state lines with an illegal substance is a federal crime.

However, travel is not the only way to get into trouble under various state laws, because many states have their own stand on the issue, and that stand could change from year to year. Wyoming is one such state. “Last year, Wyoming viewed CBD as a controlled substance, even though it is not the psycho-active ingredient produced by the marijuana plant. This year, that changed.


Your best bet is to make sure you are aware of the laws in whatever jurisdiction you are in. Meanwhile, crossing state lines with any illegal substance puts you at risk under federal law. It is recommended, therefore, you don’t cross state lines with CBD oil, but simply leave your supply behind and buy a new supply when you get to your destination.


Do you have questions about the use of CBD oil or medical marijuana? Call the Sorrento Valley Pain Relief Center in San Diego at 858-215-5349 for more information or to book an appointment.

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