If you're going to fly anytime soon, you might wonder how to approach taking CBD capsules or oil through TSA screening. After all, CBD is in a weird regulatory space where it's totally legal, but it's closely related to stuff that is not, and some people just really don't know a darn thing about it.
And are there some weird rules about taking liquid on board a plane?
If you were wondering about that sort of thing, wonder no more. We're going to go over what you can do to make sure getting through airport security with CBD - we can't speak for anything else! - is a little easier or, if something should go awry, much more easily managed.
Bear in mind of course that this isn't legal advice. If you want actual legal advice, you should speak to actual legal counsel and of course, asking the TSA to get their take on it is always a good idea. We're just dealing here in publicly-available information.
First of all, CBD capsules and CBD oil are completely legal nationwide with the exception of the state of Virginia. While that state may be for lovers it is not, however, for CBD lovers as the state of Virginia requires anyone that wants to use CBD to have a prescription for it.
Every other state in the union does not thusly regulate CBD products, and neither does the federal government insofar as personal possession and consumption is concerned. It's a little different when it comes to companies that make CBD products and how they can be made and marketed, but for the private citizen...you're good to go.
The 2018 Farm Bill made hemp and CBD products totally legal, so long as they contain less than 0.3 percent by weight of THC. As long as a CBD product meets that requirement, it is totally legal as far as the FDA is concerned as well as the states, with the exception of Virginia which - again - has no problem with CBD products, but does require a prescription for purchase, possession or use.
So, what this means is that any CBD oil or CBD capsules are completely legal to fly with. Therefore, you should have no problems whatsoever with the TSA.
But what if you did?
It's not so much that small operations making and selling CBD capsules or oil are bad, that's not it. All businesses have to start somewhere, and entrepreneurial spirit is downright good old fashioned American spirit.
It's more like this:
The TSA reports any suspicious substances to law enforcement if they feel it's warranted. The TSA and police departments are government institutions, but they're made up of people. Not all people know anything about CBD or about how much it really does help some people. Some people think it's made from the heathen devil mar-a-juh-wanna and just gets people high, when in fact that is anything BUT the case.
How, then, can you make sure that your CBD capsules or oil is above reproach or - failing that - easily vetted?
By buying it from a manufacturer with a large brand presence and is easily discoverable if you had to say "well, officer, it's made by"...and they or someone else has to look it up.
Again, it's not that smaller producers are unreputable or don't make a good product. A lot of them really do make a good product. It's more that "Hobby Shop CBD Oil From Clover's Mother's Basement" is not easily vetted, but a CBD product from a manufacturer that has product in stores nationwide and can be found in seconds with a Google search is going to be a heck of a lot easier to sell, so to speak.
If a TSA agent or LEO was to think something was suspicious, their concerns could be more easily allayed by buying from a large, reputable brand.
But with that said, let's say you had to take CBD capsules or oil through TSA. How do you do that?
The TSA, per their guidelines, doesn't limit the amount of pills you can take, so you can pack an entire bottle (or two or three) in your carry-on or checked baggage without issue. When it comes to liquids...that's a different story.
The TSA does have guidelines when it comes to medication in liquid form. Liquid medicines can be taken onto the flight in amounts greater than 3.4 ounces if needed, but bear in mind that CBD oil is not considered to be medicine by the FDA unless it's A.) in the form of Epidiolex and B.) has been prescribed to a child with either Lennox-Gastaut or Dravet syndrome.
Aside from that, the TSA does allow liquids to be taken on board the plane in checked or carry-on baggage. However, said liquid must be:
In a travel-size container of 3.4 ounces or less, and all liquids you are traveling with must be in a container no larger than a quart-sized bag. In other words, all liquid that you will take with you - with the exception of, say, a water bottle - have to be travel-sized and put in a one-quart Ziploc or similar bag.
So, if you're taking capsules, just put them in your bag and go. If you're taking CBD oil through TSA, put it in your bag containing other liquids or creams such as toothpaste, shaving cream and so on. You shouldn't have any problems.
but you can opt out at any time.