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Legal Considerations when Traveling with CBD

Legal Considerations when Traveling with CBD

By Sawan & SawanIn Criminal Defense, Regulatory AffairsPosted
Traveling with CBD, Personal Injury Lawyers | Sawan and Sawan

Traveling with CBD? Here's what you need to know.

In 2020, CBD sales are estimated to exceed 1 billion dollars. With all of the focus on CBD and CBD related products, many people are wondering about the legality of traveling with them. Here are some important things to be aware of when traveling with CBD.
Traveling with CBD, Personal Injury Lawyers | Sawan and Sawan

Are you allowed to fly domestically with CBD in the U.S.?

According to the Transportation Security Administration – the answer is yes, but with a caveat. Per a recent post on TSA’s website, “Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA.”  Practically, knowing what falls under the category of “some Cannabidiol (CBD) oil” is fraught. We have seen many scenarios where people were charged with a crime because the CBD they purchased had over a .3 percent THC on a dry weight basis unbeknownst to them. As with all early stage industries, the rapid proliferation of CBD products has created some issues in this regard. While most producers are responsible and professional, there are a great many that lack the level of control and sophistication to meet rigorous guidelines for legality. It’s also worth noting that, per the TSA’s statement:

“TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.” 

Is CBD Legal in Ohio? | Personal Injury Lawyers | Sawan & Sawan LLC | 419-900-0955

A New Legal Frontier CBD, a non-psychoactive cannabinoid found in cannabis, has had a surge in popularity over the past couple of years. Unlike THC, the chemical compound that gives marijuana its signature effect, CBD has been shown to help with a variety of illnesses and conditions - without the typical intoxicating effects of marijuana.

Are you allowed to fly internationally with CBD?

It depends. For anyone traveling internationally with CBD products, it is incumbent upon them to know both the laws in the country of origin, as well as the destination country. Understand that many countries in the world have severe and brutal drug laws, so understanding the law is even more important if you are traveling to certain parts of the world. Many companies have specific polices on this. For example Royal Caribbean  specifically prohibits CBD products.

Are you allowed to travel via bus/car across state lines with CBD?

Again, this depends. CBD products are derived from one of two sources – hemp or marijuana. Marijuana derived CBD typically has THC in it – a psychoactive compound that is still illegal federally, and in many states. As a result, it is critical to know where the CBD product you have derived from in order to confidently transport it between states. Reputable CBD brands will often provide a certificate of analysis that can help consumers understand what is in the product. It also matters whether the transportation is personal or commercial. The Farm Bill granted authority to the FDA to regulate any products containing cannabis or cannabis-derived compounds, including CBD, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act. So, if a product is intended for use as a drug, food, dietary supplement, or cosmetic product – and it is sold over State lines – then it is subject to FDA regulation. 

What happens if you're found traveling with CBD by law enforcement?

The worst possible outcome is that an officer mistakes a CBD product for an illegal THC product, or subsequent testing shows THC levels in excess of legal limits. Even if you are ultimately found to be in compliance with the law, the process often involves some pre-trial detention, attorney fees, and bond costs. Seeking compensation for these expenses – even in the context of a mistaken arrest – can be difficult or impossible.

Is there a limit on how much CBD you can travel with?

Not exactly. The only limitation is State by State and relates to the allowable percentage of THC by weight. However, it should be noted that moving certain quantities for commercial purposes from one state to another may be subject to additional rules related to interstate commerce, importation and distribution.

Are there restrictions on the forms of CBD you can travel with e.g. tinctures, pills, gummies, creams, etc

TSA and most State law do not seem to focus on the delivery mechanism of CBD, but rather are concerned with the THC concentration. The Farm Bill granted authority to the FDA to regulate any products containing cannabis or cannabis-derived compounds, including CBD, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act. So, if a product is intended for use as a drug, food, dietary supplement, or cosmetic product – and it is sold over State lines – then it is subject to FDA regulation.

What about non-ingestible beauty products with CBD?

The same rule as to THC concentration applies – with some additional regulations. The Food, Drug and Cosmetics Act, for example, states that companies marketing beauty products cannot claim that those products are intended to treat, cure or prevent a disease. Additionally, every State has it’s own set of rules and regulations governing CBD products that have varying effects on the sale and production of CBD beauty products.  

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