Each individual state (and there are 50 of them!) has its own take on the rules. In Utah, for example, it is legal to use CBD oil with less that 0.3% THC, but CBD edibles are illegal with the exception of gelatin cubes (similar to CBD gummies).³
Travelling with CBD isn’t straightforward, but there are things you can do to mitigate the risk, including being able to prove the THC content of your products, or having your prescription with you and the original packaging for your drugs.
Marijuana is illegal under federal law. Although, the TSA makes it clear that their focus is on security, and they are not there to search for marijuana, if they do find an illegal substance on you during routine screening, they will refer it to law enforcement.
What about medical marijuana?
If you’re planning on passing through more than one state during your trip, then we recommend making a note of the rules for each state.
Tetrahydrocannabinol is an organic compound found in some species of cannabis plants. It’s similar to CBD but with one big difference – it can get you ‘high’.
Travelling with CBD products
CBD oil with small amounts of THC (under 0.3%) is legal in the US at a federal level, but don’t get caught out by the differing rules in each state. Before you travel, check the local laws in the states where you will be staying as they could be different.
The FDA has only licensed one product for use in the United States – Epidiolex. This prescription drug is used to treat seizures in two rare and serious forms of epilepsy, Lennox-Gastaut syndrome (LGS) and Dravet syndrome (DS)².
For maximum confidence, make sure the product was obtained from industrial hemp and contains less than 0.3% of THC; that generally covers you on the more stringent federal level, and no state will bust you for a hemp-based product. Now that the USDA is monitoring THC content, labeling accuracy for trace amounts of THC should improve, too, so you’ll be much less likely to get caught out.
We’ll be honest: The legality of CBD is still muddy. The government has done a terrible job making standards clear, leaving the door wide open for local law enforcement to put everyday people through a legal wringer with no outcome. If you run across a security officer who’s in a bad mood, there aren’t many cut-and-dry regulations that will spare you grief.
It’s all so confusing and needlessly stressful that we could use a good anti-anxiety treatment. Anyone know of something that would work?