CBD is still a schedule 1 drug under federal law?
Yes, for all intensive purposes CBD is still a Schedule 1 Drug and is therefore an illegal substance under federal law. However, the 2018 Farm Bill really changed the scene for hemp growers. So, does this mean you no longer need to hide your CBD eliquid in a poison ring? Maybe not, but it depends on which state you are living in.
Prior to 2018 federal law didn’t differentiate between hemp and marijuana plants. The 2018 Farm Bill changed this. Now, under this new law farmers are able to grow hemp when, where, and how much they want. The Farm Bill made the distinction that hemp is any cannabis plant with less than 3% THC. Once the THC content reaches 3% it is now a non-hemp cannabis or marijuana plant, which isn’t protected by the freedoms created in the Farm Bill. However, you still need a license to grow the hemp from the state.
What is the TSA Policy Change?
The Transportation Security Agency is tasked with keeping your flights safe and secure. Because they are focused on safety and not necessarily drug enforcement there has been a lot of questions of whether you can take CBD on a plane or if you need to hide your CBD eliquid in a poison ring. After the Farm Bill was passed the TSA re-evaluated its stance on CBD and marijuana.
First, the TSA has stated that they are not a drug enforcement agency. “TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. 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.”
Second, the TSA has also stated that products derived from legally grown hemp could in fact be brought through the federal gate and on a plane as long as it complies with the Farm Bill. “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 percent THC on a dry weight basis or that are approved by FDA.” (LINK)
So can you bring CBD eliquid on a plane?
Based on the information provided by the TSA it does seem that there has been a monumental shift in TSA policies regarding both marijuana and CBD. For a federal agency to come out and vocally acknowledge CBD and marijuana in a legal not illegal manner is massive. If you take the TSA at their word it truly doesn’t seem like you need to hide your CBD eliquid in a poison ring anymore. You can take your quality products in your carryon without fear that you will be handed over to federal authorities. This is an evolving topic and constantly subject to change based on the administration and the opinions of the people in charge.