Washington DC and more than 30 states in the US have legalized medical cannabis and its derivatives, yet we are far from over with these movements. More states are taking initiatives and are laying plans to ensure CBD oil is legal, and we hope that this continues all over the world to make CBD oil accessible to people who need it. Yet, the legality of CBD oil is in the legal gray zone, where states have confusing CBD laws and restrictions. This is the case even after the Farm Bill of 2018 was passed to decriminalize industrial hemp and CBD oil with less than 0.3% THC. Traveling with CBD oil can put one in trouble, although the Transport Security Administration (TSA) laws and guidelines keep changing. Consider the following helpful traveling and flying mechanisms of CBD oil.

What Is CBD Oil, Is It Legal?

CBD oil is a chemical compound and one of the 113+ active components of the cannabis plants. It can be extracted from hemp and marijuana plants, but the Farm Bill considers hemp-derived CBD oil with less than 0.3% THC legal at federal levels. Unlike THC, CBD oil does not have psychoactive properties and will get the user ‘high’ or ‘stoned’. CBD legality is in the gray zone. The Farm Bill of 2018 was passed, decriminalizing growing CBD oil and industrial hemp at federal levels, provided the THC concentrations are kept lower than 0.3% THC. Yet, the same bill gave states the mandate to craft CBD laws that would govern them henceforth. State CBD laws vary extensively, with some states allowing CBD oil partially or wholly, while others creating strictest laws.

Is It Legal to Travel and Fly with CBD Oil?

The Farm Bill made industrial hemp and CBD oil with less than 0.3% THC legal, but the TSA did not change its stance on cannabis and its derivatives until recently. A recent update on the What Can I Bring page shows that it now allows medical cannabis on board, and this extends to CBD oil tinctures, vapes, and more. Still, it clearly states that each individual agent has the right to make the final decision, and while it technically allows CBD oil products and medical cannabis onboard, there is every possibility of having the goods confiscated. Besides, strict laws on the packaging and transporting accompany what seems like traveling with CBD leeway. State CBD laws vary, and while the TSA might allow CBD oil products onboard, one might be in trouble with the local authorities for having CBD oil, and you might suffer hefty fines or serve jail terms.  Tips to Traveling and Flying with CBD Oil and Its Products

Now that the TSA has legally allowed CBD oil on board, you may travel with your favorite hemp-derived product. Still, have the following tips in mind since they will act as guidelines to minimize trouble while traveling with CBD oil;

Have the Certificate of Analysis (CoA) Onboard

If you are traveling with any CBD oil product, have the CoA for the product onboard. This document reveals important details about the product in question, including its state, sources, and purity. Of importance is the cannabinoid profile that reveals the THC potency of the item and is critically important. The TSA has allowed CBD oil with less than 0.3% THC on board, and anything higher than this threshold will likely land an individual in problems. As such, having CBD oil CoA that shows the total THC concentration in the product to be less than 0.3% THC might free you up.

Apply TSA’s Packaging and Transportation Guidelines

Have TSA’s packaging and transportation guidelines in mind when traveling and flying with any CBD oil product to lessen your potential problems. The recent guidelines on the agent’s website show that you have to pack CBD oil tinctures on carry-on checked bags, and vapes must be packaged on the carry-on to avoid exposing them to high pressures for long. As such, packing CBD oil products with your clothes or stashing them will likely raise eyebrows and end you in trouble when the items are confiscated. Besides, the recent guidelines allow 3.4 oz as the maximum value for CBD oil products and having anything more than this will land you in problems with the local authorities.

Research State Laws on CBD Oil

As mentioned at the outset, CBD oil is in the legal gray zone, and state CBD laws vary widely. Some states allow CBD use, while others, like Florida and Texas, have stringent CBD oil restrictions. Consequently, research how the state you are traveling to or from views CBD oil. After all, the TSA clarifies that each individual agent makes the ultimate decision regarding having CBD oil, and most of these decisions are determined by the state CBD laws.

Carry Your Medical Cannabis Prescription along

The main reasons the TSA adjusted its CBD oil laws is the passing of the Farm Bill in 2018 and the approval of the FDA-infused drug, Epidiolex, for managing epilepsy in minors and adults. As such, having your medical cannabis prescription onboard might set you free when there is trouble. This only increases the chances of freeing you but is not the ultimate determinant.

Stay Calm and Composed, and Avoid Arguments with the TSA Representatives

Stay calm and composed no matter what. Whether your CBD oil is confiscated or not, be composed, if anything, be polite. Arguing with TSA reps will only worsen things, and we know that courtesy costs one nothing. Besides, staying calm places you in the best position to defend or explain yourself, yet arguing only robs you of your composure.


CBD oil is in the legal gray zone, where some states have stringent CBD laws despite the 2018 Farm Bill allowing CBD oil with less than 0.3% THC. The Transport Security Administration (TSA) recently adjusted its guidelines, allowing VBD oil in the ‘What Can I Bring’ list. However, many factors come into play, including state laws and packaging the products. Ultimately, the authority gives individual agents the mandate to decide what happens to CBD oil products onboard and the owners.

Mental health expert
MS, University of Latvia

I am deeply convinced that each patient needs a unique, individual approach. Therefore, I use different psychotherapy methods in my work. During my studies, I discovered an in-depth interest in people as a whole and the belief in the inseparability of mind and body, and the importance of emotional health in physical health. In my spare time, I enjoy reading (a big fan of thrillers) and going on hikes.

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