“To avoid confusion as to whether families can travel with this drug, TSA immediately updated TSA.gov once we became aware of the issue,“ the agency said in a statement to NBC News.
The TSA did not offer any other details on other CBD oil that its website says is allowed on flights now.
Hemp derivatives contain little to no tetrahydrocannabinol, or THC, the psychoactive chemical in marijuana that produces a high.
Epidiolex was approved by the FDA last June to treat severe, rare forms of pediatric epilepsy. The TSA spokesperson said the agency recently became aware of Epidiolex and updated its policy accordingly.
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. TSA officers are required to report any violations of that law. It is not clear how the TSA intends to check whether a product contains THC; a TSA spokesperson said that if there were questions of whether a substance was illegal under federal law, the issue would be referred to law enforcement for further adjudication, but that the TSA would not do the testing.
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 development was first reported by Marijuana Moment on Monday.
The change was prompted by the only Food and Drug Administration-approved drug that contains CBD oil, Epidiolex, which is used to treat seizures in children with epilepsy, the TSA said.
“ Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3% THC on a dry weight basis or that are approved by FDA.”
Here’s what that means:
When Did The Law Change?
There are a few exceptions we’ll get into further in this post, but the reality is that yes, you can fly throughout the US with CBD.
However, the TSA didn’t comment directly until 2019. That’s when they updated their policy to clarify that yes, you can bring CBD on carry-on or checked luggage.
Any such products can legally be carried through the TSA screenings you’ll find at US airports.
“Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.”
Quickly, travelers, does your CBD oil conform with that law? And, more to the point, how will TSA officers be able to recognize what does or does not adhere to the new law?
What has happened
Under TSA’s “What Can I Bring” answer program that lets passengers ask about items that may or may not be allowed on planes, its previous advice on medical marijuana, including CBD oil, was no and no for carry-on bags and checked bags.
But TSA’s own page is a kind of a wink and a nod to carrying such products: “TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers,” it says. “Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”
When TSA was asked about these questions, it was still consulting its attorneys for answers to these and other regulatory questions.