Who gets the final word? The TSA website posts: The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
The TSA’s updated regulations allow passengers to legally bring these products on board:
At the Airport
In addition, the FDA recently warned companies that adding CBD to foods or dietary supplements is illegal because it has not been declared to be GRAS, or generally recognized as safe.
Citizen Truth: “What is a CBD Certificate of Analysis (COA) (And How to Read It).”
Another option is to shop online or at a store before the trip, then ship the CBD to your destination, Avetisyan says.
Hemp derivatives contain little to no tetrahydrocannabinol, or THC, the psychoactive chemical in marijuana that produces a high.
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 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.
The TSA did not offer any other details on other CBD oil that its website says is allowed on flights now.
“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.