As of Sunday, certain products containing Cannabidiol, also known as CBD, and select forms of medical marijuana are permitted on flights by the TSA. From NBC News:
“All forms of marijuana were previously prohibited in both checked and carry-on bags. But Sunday, the agency updated TSA.gov to reflect new regulations that allow FDA-approved medical marijuana and products that contain hemp-derived CBD oil. The CBD oil is allowed ‘as long as it is produced within the regulations defined by the law’ under the 2018 Farm Bill, which federally legalized hemp and hemp derivatives.”
The rule change was inspired by the FDA’s approval last June of Epidiolex, an epilepsy drug that contains CBD. Enforcement of the new policy is likely to favor those in medical need, but what exactly it will look like is still unknown. The updated TSA.gov page on medical marijuana clarifies that “possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.” And as NBA News writes, “The TSA’s new rules still ban other forms of marijuana, including certain cannabis-infused products and CBD oils that have THC, which are still illegal under federal law…[and]…it is not clear how the TSA intends to check whether a product contains THC.”
Additionally, though federal law takes precedent in the skies, states have their own laws related to purchase and possession of these items that await on the ground. Make sure you know the laws in your home, your destination and any layover locations before flying with CBD or medical marijuana.
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