Over the last weekend the TSA (Transportation Security Administration) has updated its policy on their “What Can I Bring?” page, specifically regarding hemp-derived CBD. Previous to this there had been no distinction made but since hemp was legalised in the Farm Bill last December special exemptions have to be made.
The Transportation Security Administration is an agency of the U.S. Department of Homeland Security that has authority over the security of the traveling public in the United States.
On their web page devoted to Medical Marijuana, it now says “Yes (Special Instructions)” in relation to bringing Medical Marijuana on flights in Carry-On and Checked luggage . More specifically it gives further details saying:
“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.”
This is great news for those wishing to carry CBD on their flights but it begs the question, how exactly will TSA agents enforce their policy? Will agents be trained in how to test CBD for the presence of THC and will they keep an ongoing list of products approved by the FDA? As yet, the TSA has not released any information that would clarify these issues.
Over the last few years, as more states are legalizing cannabis and hemp products, the TSA has been in a state of flux, to say the least, with regard to its own policies. At one point a couple of years ago, the TSA officially stated on their website that their “security officers do not search for marijuana or other drugs” but once this started gaining widespread media attention they removed the medical cannabis section entirely and tweeted that a “mistake had been made.”
At the moment, both the FDA and the U.S. Department of Agriculture are developing their regulatory guidelines for hemp and its derivatives. In fact, the first public hearing by the FDA will take place this Friday.