Ask a Stoner: We Can Fly With CBD Now...So We Couldn't Before?

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Dear Stoner: TSA says we can fly with CBD now. We couldn't before? Have I been breaking the law?
High Class

Dear High Class: Ask ten different hemp companies and their lawyers about the legality of CBD, and you're likely to get ten different answers. Law enforcement's inability to immediately tell the difference between marijuana and hemp plants, not to mention the products derived from them, continues to create legal issues for hemp consumers when they travel — like the now-legendary grandmother who was arrested at Disney World for possessing CBD oil.

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Despite its commercial explosion, laws surrounding CBD at the federal level remain unclear.

Jacqueline Collins

To be honest, we weren't exactly sure how TSA approached hemp-derived CBD, either. The agency was clear on the prohibition of medical and recreational marijuana, but never said anything specific about CBD until a recent public-policy update. If you flew with hemp-derived CBD products before the Farm Bill federally legalized hemp on December 20, 2018, you were apparently breaking the law. But now, flying with CBD products is okay, as long as they're made “within the regulations defined by the law,” which is legal talk for regulated and state-approved products. Still, I'd pack them discreetly, just to avoid any confusion.

Send questions to [email protected].