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What to Know About Traveling With CBD

Dec, 2021
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It’s the holiday season, and with the season comes lots of travel, both interstate and international. Of course, you’d love to take your canna-products with you, but traveling with CBD isn't too straightforward. A lot of intricacies surround carrying CBD across local and international boundaries or getting on an airplane with it.

But, don't worry: we have the lowdown on all you need to know about traveling with CBD oil and other CBD products. If you’re wondering, “Can you travel with weed with your medical card?” the answers to this and other questions you may have about traveling with CBD are below.

We have to tell you, though, we’re not legal experts, and nothing in this article constitutes legal advice. If you want specific legal guidance, speak with a lawyer.

traveling with CBD

Traveling With CBD: The Basics

Generally, flying with CBD oil depends on a technical question: is your CBD product derived from hemp or marijuana? Hemp and marijuana come from the same plant species; the significant difference is THC content. Hemp is legally defined as a cannabis plant that contains 0.3 percent or less THC, while marijuana is a cannabis plant that contains more than 0.3 percent tetrahydrocannabinol (THC.)

If your CBD product is derived from hemp, it contains less than 0.3% THC and should be legal for you to carry it across state lines. On the other hand, CBD products that contain more than 0.3% THC are considered illegal substances.

Flying With CBD Oil in the U.S

On December 20, 2018, President Trump signed the Farm Bill into law; the bill legalized hemp in the United States but with specific guidelines and restrictions. According to the bill’s terms, you can carry CBD products that contain less than 0.3% THC across state lines. The bill covers CBD oil, CBD tinctures, CBD edibles, and other hemp-based items. 

If your CBD product comes from cannabis and contains more than 0.3% THC, you might find the law confusing. David Barnard, an attorney with Kaplan Kirsch & Rockwell LLP in Boston, has plenty of experience consulting with airports on marijuana and other regulatory issues.

He said: “We’ve got such a conflict right now between states that have legalized marijuana for either recreational or medicinal use and the federal requirements that continue to make it a Schedule I controlled substance.” So you could be flying into a state where marijuana is legal, but the TSA is a federal body bound by federal rules. Under the Controlled Substances Act of 1970, marijuana remains a Schedule I substance.” 

TSA Guidelines

The TSA may be a federal body, but they’re unlikely to search you for marijuana. They made this crystal clear in an Instagram post. The post read: 

“Are we cool? We like to think we’re cool. We want you to have a pleasant experience at the airport and arrive safely at your destination. But getting caught while trying to fly with marijuana or cannabis-infused products can really harsh your mellow. 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. This includes items that are used for medicinal purposes.”

TSAs response to traveling with CBD
Photo courtesy of TSA's Instagram account.

Simply put, the TSA won’t search you for weed, but if they spot anything that appears suspicious, they are obliged to report it to local authorities. The severity of punishment – if any – will depend on the legal status of marijuana in the state. If you’re lucky and it’s a legal state, you walk free. However, if you're caught in a state where cannabis is illegal, this could mean jail time — or at least a hefty fine. 

READ MORE: Possession of Marijuana Is Still Federally Illegal, Reminds Customs

Can I Travel With CBD Internationally?

Different countries have different CBD laws, plain and simple. It won’t be possible to cover the CBD laws of every single country, but we’ve highlighted some notable places and their CBD regulations for you to be aware of.  

Canada

Weed is legal for adults in Canada, but you can’t transport it across the border into the country. You can’t bring cannabis and products containing cannabis into the country, including edible cannabis, cannabis extracts, and cannabis topicals.

Even if you are permitted to use medical cannabis or travel from a country where cannabis is legal, it is illegal to enter Canada with weed. You must declare it to the Canada Border Services Agency if you have weed on you. If you fail to do so, you commit a serious criminal offense, and you could be arrested and prosecuted.

Mexico 

You are not allowed to fly into Mexico with CBD, but you can legally purchase CBD products once you are in the country. 

Europe

If your CBD products contain less than 0.2% THC, you can enter Europe with them. However, possession laws and other regulations vary across the continent. Read up on the law guiding CBD in your destination country before traveling. 

Australia 

You can enter Australia with CBD only if you have a prescription. 

Middle East

Middle Eastern countries have stringent laws against cannabis and CBD possession. Don’t let the party playground reputation of Dubai fool you: CBD could get you into trouble there. The UK’s Foreign and Commonwealth Office (FCO) has previously warned Brits not to carry CBD into Dubai. 

Tips for Flying With CBD

luggage, hat; traveling with CBD

If you intend to travel with CBD products, we have some helpful tips for you.

  • Research and understand the laws of your destination country.
  • Always keep your CBD products in their original packaging.
  • Ensure you are carrying genuine CBD and it doesn’t contain more than the allowed amount of THC that is 0.3% or less in some countries.
  • If you have an MMJ card, take it with you along with relevant prescription information.

Fly High With Elevate Holistics

Are you traveling with CBD? We know the questions you may have, and we’ve got answers to this and more. Weed is our thing, growing it, consuming it, buying it, possessing it, and traveling with it. We are strong believers in the healthful benefits of weed, and we want to bring these benefits to you. 

Information is a great place to start, and that’s why we have answers to any canna-related questions you may have. Contact us today for all your weed needs


Helpful Patient Resources:

Wondering how to get a medical card in your area? Check out our state how-to guides.

Read our latest blog post to learn about all things cannabis: Should I Take a Marijuana Tolerance Break?

Ready to get your own MMJ card? Find your state and book an appointment here.