Is It Legal to Travel in the United States With CBD?

by | May 4, 2023 | Latest News | 0 comments

Cannabidiol education is on the rise. With the supplement gaining popularity, more and more questions about the legality of traveling with the product have been raised. The simple answer is yes, you can travel with CBD, but there are some things you need to know first.

Traveling By Airplane With CBD

You can legally travel with your cannabidiol supplements as long as it is hemp-derived and contains less than 0.3% THC. TSA still has other guidelines that need to be followed as well. You may travel with CBD in a liquid of less than 3 ounces. This goes for lotions, tinctures, and oils.

You must be positive that your CBD contains less than 0.3% THC if you plan to travel with it. According to TSA, CBD remains illegal under federal law. While different states may have more relaxed laws regarding medical cannabis, you must comply with federal law while traveling by airplane.

CBD and Airports

The rules regarding where to store your CBD supplements when traveling on an airplane are a bit gray. Some sources say you can bring CBD supplements in your carry-on, while others state you should only get them in a checked bag. According to the TSA, you can travel with CBD in your carry-on bag if you show the supplement is derived from hemp and contains less than 0.3% THC.

Traveling By Car Over State Lines With CBD

In 2018, Americans gained the right to grow hemp plants. The 2018 Farm Bill removed hemp from the Controlled Substances Act. As long as CBD is derived from hemp and contains less than 0.3% THC, it is legal to possess in the U.S. under federal law.

When it comes to traveling across state lines with CBD, it is important to be educated on the state laws regarding cannabidiol. In 2019, a 69-year-old woman was arrested in Florida for possessing CBD. She attempted to enter Disney World with her family with the cannabidiol supplement in her bag.

This woman used CBD to treat her arthritis and figured she should bring it on her Disney trip. The supplement stated on the label that it contained less than 0.3% THC and the woman even had a doctor’s note allowing her to have it.

Traveling With CBD By Car

Unfortunately, the deputy felt obligated to push this matter to the point of testing the product, which resulted in this 69-year-old woman spending 12 hours in jail. Despite CBD being federally legal, this Florida officer felt it was necessary to enforce Florida’s strict rules at the time. Eventually, the woman was released after spending 12 unnecessary hours in jail.

It is essential to consider all possibilities when traveling with supplements that are newly legalized in the U.S. While the 69-year-old woman at Disney did not deserve the treatment she received, this, unfortunately, can be the reality for some as they travel with medical marijuana supplements. Reading up on state laws before you begin your journey is crucial.

Additionally, it is crucial to know where your CBD supplements have been derived from and how much THC they contain. While it is not always necessary, it may be a good idea to print out your doctor’s note or recommendation for CBD to have it handy.

The same goes for state laws regarding CBD – it may be helpful to have a printed version of the state’s laws regarding CBD in the event of any authority questioning. You may also consider bringing your supplement’s COA (Certificate of Analysis) with you on your trip. Better safe than sorry!

The Difference Between Federal Law And State Law

Federal laws apply to everyone in the United States of America. State and local laws only apply to citizens who live or work in the aforementioned state.

Federal law will always supersede state or local laws. The Constitution states that federal laws are “the supreme law of the land.” Federal law establishes rights for United States citizens, while state laws add to those rights.

hemp plants

The Difference Between Hemp and Marijuana

The key difference between hemp plants and marijuana plants is simply THC content. Tetrahydrocannabinol, or THC, is the chemical found in the cannabis plant that puts off that “high” or “stoned” feeling.

Hemp Plants

Hemp plants contain little to no THC, making them perfect for deriving CBD products. Hemp plants can only contain less than 0.3% to be legally grown in the U.S. The 2018 Farm Bill allowed Americans to grow hemp legally.

Marijuana Plants

Marijuana refers to a cannabis plant that has more than 0.3% THC. Some strains of marijuana can be manipulated and bred to contain higher levels of THC percentages. THC percentages can vary greatly depending on strains. Marijuana plants can also be manipulated to produce indica, sativa, and hybrid strains.

Can I Travel Outside Of The U.S. With CBD?

If traveling inside the U.S. with CBD wasn’t already tricky enough – wait until you hear about traveling outside the country with CBD. We do not recommend traveling outside the U.S. with CBD supplements – even if it is legal in both countries.

The unfortunate reality is that too many things can go wrong with traveling with cannabidiol. It is recommended to leave your CBD at home and locate legal CBD in the country you are traveling to. Some countries cannot differentiate between hemp and marijuana – so the possibility of trouble arises if customs were to locate your supplements.

CBD In Europe

Many European countries have legalized CBD, but there are many counties where it is still illegal. Countries like Sweden, Germany, and France classify CBD as an unrestricted compound. Other countries, such as Belarus, Lithuania, and Ireland, consider CBD an outright illegal substance.

Furthermore, the rules for THC content differ in Europe and America. In America, CBD can contain up to 0.3% THC to be federally legal. In Europe, the THC threshold must be 0.1% or lower to be considered compliant with the law. This means that even though you bring your legal American CBD with all its proper documents, you may still run into legal issues. It is not recommended to travel into Europe with CBD from America.

CBD In Mexico

Mexico is a bit more lenient when it comes to CBD in comparison to other countries. As long as your CBD is labeled, derived from hemp, and contains less than 0.3% THC, there’s a good chance you won’t run into issues in Mexico. However, just because Mexico is a bit more relaxed does not mean you will not encounter problems with TSA. You still must comply with federal law while traveling on an airplane.

CBD In Australia

Cannabis products are 100% illegal in Australia. Currently, Australians can possess CBD if they have a prescription and medical license. CBD is considered a Schedule 4 substance in Australia, meaning you can face stringent punishment if you are found with CBD without the proper permits. It is not recommended to travel to Australia with American CBD products.

The Bottom Line

The bottom line is that you must be careful when traveling to other states and countries with CBD supplements. It is essential to know your rights, know where your products are from, and plan accordingly. You will likely be able to purchase CBD products in most states after arriving at your destination, as CBD is legal across the entire U.S.

DocCBD offers a line of quality CBD products that you can order online and has shipped to your destination. By sending your CBD to your destination, you can avoid the hassle and anxiety of traveling with your medication.

If you have any questions, please get in touch with our office at (888) 316-6659 or email us at [email protected].

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