The Transportation Security Administration (TSA) has recently shared a great news with fliers who were previously unable to carry their CBD Oil products. TSA revised its medical marijuana policy. It now gives fliers the freedom to bring FDA-approved products and medications that contain hemp-derived cannabidiol or CBD when they fly.
Previously all forms of marijuana were prohibited in carry-on bags and checked luggage. This week, the TSA updated its “What Can I bring?” guidelines under medical marijuana. The FDA also legalized a drug called Epidiolex, which is used to treat epilepsy in children.
Previous TSA Policy on CBD
Transportation Security Administration (TSA), a federal agency of the U.S. Department of Homeland Security regulates public transportation, including the airport. The TSA strictly prohibits certain items from being brought on board an aircraft, one of which is “medical marijuana,” including its derived products.
The TSA had previously, on its website, listed CBD as a prohibited item that they claimed was illegal under federal law. This policy applied to CBD derived from marijuana, and it did not apply to CBD derived from hemp, which was federally legalized last December under the Agricultural Improvement Act of 2018.
In the last few years, the demand for CBD products has spread like wildfire across the nation. Some think its a wonder medicine, while others are still apprehensive about its use. Both hemp and marijuana are derived from the plant cannabis sativa. CBD is then extracted from industrial hemp. The Agriculture Improvement Act of 2018 excluded FDA-approved hemp and cannabis derivatives with “very low” levels of tetrahydrocannabinol or THC, from the Controlled Substances Act. These excluded hemp and cannabis derivatives contain less than 0.3% of THC. Hence, it doesn’t get you high. This Act enabled TSA to allow fliers to fly with their medicinal CBD products. Proponents argue that CBD offers an array of health benefits, both mental and physical. Research to verify such claims is ongoing.
A CBD product cannot be considered an illegal substance under federal law if, it meets the THC threshold. It is now legal to own, manufacture, and sell CBD products. However, it is essential to note that the possession of marijuana, some CBD oils, and a few cannabis-infused products are still illegal under federal law. It is mandatory for TSA officers to report any suspicions of legal violations.
Usually, it’s not the job of TSA officers to search for marijuana or other illegal drugs during screening. Their primary responsibility is to detect potential threats to passengers. If illegal substances are found during a security screening, the matter is immediately referred to law enforcement.
CBD derived from hemp; however, is federally legal and is allowed to bring on a plane. With this in consideration, it’s also important to be cautious when traveling with CBD because of shifting legal regulations and the unclear distinction between hemp-derived and marijuana-derived CBD amongst the general public.
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