Cannabis (hemp and marijuana) laws vary dramatically from state to state and even more so country to country. Travelers should ALWAYS use the utmost caution when traveling with any cannabis product. Be prepared for a conversation and always avoid conflict.
"I learned this lesson the hard way carrying an infused topical product through Canadian customs into the United States. It did not matter much to the Canadian Border Patrol that the product was not pyschoactive and could not be ingested. The presence of a cannabis derivative ingredient was sufficient on its own to capture their attention." -Garrett Perdue, CEO and Founder of Naternal
With that experience in mind, here are a few tips on how to travel safely with CBD and THC products and when to leave them at home. Continue reading to learn:
- What’s Legal at The Federal Level
- How Different Cannabis Products Are Treated
- What Happens If a TSA Agent Finds Your Edibles or Other Marijuana Products
- Where to Find 100% legal CBD and THC Products Before Your Next Flight
Since the passage of the Farm Bill in 2018, hemp-derived products containing less than 0.3% THC are federally legal. However, some states have placed local restrictions on other cannabis derivates such as Delta 8. Moreover, state laws allowing for higher THC products have no application because those products cannot be legally transported out of that state even to a state that has similiar or more lenient regulations.
That means traveling with certain cannabis-infused products containing more than “0.3 percent THC on a dry weight basis” is a federal and state offense. And rules regarding air travel with cannabis to and from international destinations are even more strict.
How Are Different Cannabis Products Treated?
It is illegal to fly in the U.S. with any type of cannabis product containing more than 0.3% Delta 9 THC. This includes edibles, oils, concentrates and medical marijuana.
Which Products are Best for Travel?
There are five primary cannabis product types: flower, concentrates, edibles, tinctures and topicals. As a general rule of thumb, just don't take anything intend to smoke. And, if you do, lean towards concentrates and buy your battery at your destination. Gummies are a better choice as they greatly reduce any negative smells and could be carried in combination with other non-cannabis gummies. Tinctures can be problematic especially if they exceed carry on volume restrictions and because they sometimes draw question. Topicals, especially unlabeled, typically cause no issues.
What Happens if TSA Finds My Edibles?
According to the TSA, its officers are not explicitly searching for marijuana or other illegal drugs on your person, in your carry-on bag, or checked luggage. However, if illegal controlled substances are found during screening procedures, TSA agents may refer the case to a law enforcement officer. While the TSA officer could still allow you to board your flight or ask you to throw the product away, generally, it’s not worth the risk, even if you’re in a legal state. Delta 8 THC is also restricted in some states, so please be sure to check your local laws and understand that a TSA officer may not know or understand the difference.
Traveling With Medical Marijuana
Unfortunately, the federal government treats medical marijuana products the same as all others. If it contains more than 0.3% THC, airport security officers can refer the incident to an applicable law enforcement agency. Read more about Medical Marijuana from the TSA site here.
Travel Safely With Naternal CBD Products
If you’re considering travel (within the U.S.) with your favorite THC or CBD gummies, oils, or topicals, it’s in your best interest to ensure they comply with state and federal laws.
Be careful and check the laws if you do decide to travel with cannabis products of any kind. TSA officers may not understand the differences and still question it. Delta 8 THC carries state-specific restrictions and is currently considered illegal in the following states: Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.
Make sure to have your certificate of analysis handy, just in case. This should show the matching batch number and concentrations of each cannabinoid in the formulation you are traveling with.