Are CBD capsules legal to travel with? Since hemp and CBD products are still viewed with a jaundiced eye by some, including some people in government, can you face any legal hassles if you travel across state lines by car, train or possibly by air?
Good news; yes, you can. There is no restriction on traveling with CBD capsules. There is no law, federal or otherwise, that prevents you from possessing, purchasing, taking or transporting CBD capsules.
But what if you want to fly with your CBD capsules? We'll go over that.
Rest easy knowing that CBD capsules are completely legal to buy. They're legal to possess. They're legal to take, and they're legal for you to travel with.
The body that regulates any and all interstate travel is, of course, the federal government. As far as the federal government is concerned, they don't care if you have CBD.
Hemp products, including hemp CBD products, were made legal by the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill. In that law, the federal government completely decriminalized any and all hemp products so long as they contained 0.3 percent THC by weight or less. Since hemp CBD products meet this restriction, that means that the federal government really doesn't care if you have it.
As far as states are concerned, no state has recriminalized hemp products or otherwise forbid use of CBD products, with the exception of Virginia. In that state, CBD requires a prescription for anyone to use it.
A few states have, it should be said, prohibited the production or sale of any foods or beverages with CBD added to them. Likewise, the federal government (by way of the Food and Drug Administration) has not declared food or beverages containing CBD to be Generally Recognized As Safe or GRAS, which is required for sale of any food or beverage across state lines.
As long as you aren't traveling to or through Virginia, which as mentioned requires a prescription to buy, possess or take CBD, you're totally fine.
You absolutely can fly with CBD capsules.
Airport security, of course, is regulated by the Transportation Security Administration, which is part of the Department of Homeland Security. The TSA is, of course, well aware that the 2018 Farm Bill decriminalized the purchase, possession and consumption of hemp products and/or CBD products that contain 0.3 percent THC (by weight) or less, so you have nothing to fear...for the most part.
The TSA has at least once (in 2019) had a traveler arrested for possessing CBD oil, an elderly woman in Los Angeles, who spent a couple of days in jail before being released.
So what does that mean?
While the TSA for the most part is not going to hassle you, they will alert law enforcement if they find what they believe might be illegal substances. Even though CBD capsules are totally legal, is there a way to keep that from happening?
Yes there is. Make sure that your CBD products are made by a reputable manufacturer with an easily-discoverable presence. Homemade CBD capsules are likely to be viewed with more suspicion than, say, CBD capsules from a brand of CBD products that is easily looked up and is available nationwide.
That will quickly decrease the chances that your CBD capsules will be suspected and - even if flagged during an inspection - you'll be able to demonstrate that much more quickly that your CBD was licitly obtained and is otherwise perfectly legal and above-board.
The same, of course, is true for other instances of interstate travel. If taking a road trip in your car, or taking a trip by train or bus, having CBD products is totally legal but the closer the product is to a nationwide brand, the better.
While not everyone may be a believer in CBD, or hasn't had the experience with it yet to make them one, national brand presence is universally understood.
but you can opt out at any time.