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Traveling with Cannabis in the USA and Canada

The industry surrounding cannabis and CBD has exponentially grown by leaps and bounds over the last few years. Of course, the legalities of cannabis and CBD are changing in both the United States and Canada, and indeed, around the world.

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This means that the laws around traveling with CBD and cannabis are going to be discussed as more places decide what they want to do with cannabis. There are many places that don’t exactly know what CBD actually is. Then, you have to deal with airport security, who also struggle to identify what CBD is, and they also might not have the means to test properly, for now, anyway.

So, how do you navigate traveling with CBD? We are going to focus on the United States and Canada. The rest of the world is still working out how they are going to classify cannabis and CBD. A slew of countries in Europe have legalized (or at the very least, decriminalized) CBD, as long as it has a THC percentage of no more than 0.2%. However, there are still a list of counties where it is illegal, except when prescribed by a doctor. And we wouldn’t recommend flying through Asia, Australia or South and Central America with CBD, either. You should definitely do some thorough research and get familiar with the laws of even buying CBD and cannabis in those parts of the world.

The United States

Of course, with 50 states, there are going to be a lot of moving parts when it comes to traveling with CBD and cannabis. It is fully legal in 12 states, likely going to be completely legal in seven states and medically legal in 12 states. However, it is fully illegal in 19 states. So what do you do when you are traveling with CBD and cannabis?

The Transportation Security Administration (TSA) is the authority of traveling throughout the United States, and their official website states the following:

“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. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.)  TSA officers are required to report any suspected violations of law to local, state or federal authorities. 

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.”

In layman’s terms, anything over 0.3% THC is officially marijuana, which is different from CBD. And if there is nothing that says what the THC content is on the container, TSA can take it from you. Also, the container has to be sealed.

Canada

Canada, as a country, is far more simple to deal with when it comes to traveling with CBD and cannabis. They have fully legalized marijuana throughout the country, and in some provinces, such as Ontario and Nova Scotia, it is sold out of government-run stores (although there are still dispensaries that are in service).

Therefore, traveling with CBD and cannabis is much easier to decipher in Canada. The Canadian Air Transport Security Authority states that you can have cannabis in both your carry-on bag and checked luggage. It also states that you can bring up to 30 grams of cannabis with you, while CBD oil has to adhere to the liquid limit of 100 ml.

However, if you are a medical marijuana user and you have the official documentation that you need, you are allowed to take 30 times your daily amount, up to 150 grams.

You should also know that, if you are traveling with CBD and cannabis within Canada, but you are diverted to the United States for some reason, your cannabis is now illegal. So, it is recommended that you do not have it on you. Also, you cannot bring cannabis back to Canada, even if you were in a place where CBD and cannabis is legal.  This is also true when flying internationally, and there are some countries in which cannabis is extremely illegal (from fines to prison to the death penalty) and the situation could get very serious.

DISCLAIMER: THIS IS NOT LEGAL ADVICE.

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