Part I of our CBD Beyond the Hype Series

Hardly a day goes by that we do not see a lead story about CBD. Many of these are misleading and the news cycle has turned from the benefits of CBD to more alarming and negative stories.  Recently, NBC ran a story on a grandmother getting arrested clearing customs at DFW Airport. This is a most unfortunate circumstance and highlights the dangers of traveling with CBD. It also highlights the need for states to legislate in accordance with the federal law that has now legalized hemp and CBD through the 2018 Farm Bill. Fortunately, we are starting to see governing bodies clarify rules that will allow more freedom of use for CBD users.

Over the weekend, TSA clarified that CBD is now legal to carry on domestic flights as long as it is legally produced under the 2018 Farm Bill. This is welcome news for travelers who use CBD daily. Please note that TSA currently has no way to test for levels of THC in CBD oil (testing). While the TSA clarification has likely shifted the burden of proof from travelers, it still could pose problems with their ability to detect legal products vs illegal. The 2018 Farm Bill made CBD oil legal as long as it is produced from a licensed grower and contains .3% THC or less. Law enforcement is unable to detect percentages of THC found in CBD oil which could make it difficult to differentiate a legal product from an illegal one. Travelers could still be hassled until testing gets more sophisticated.

There are other factors to consider when traveling with CBD. Some states are not yet on board with the 2018 Farm Bill. Texas has been one of those states due to its zero THC policies. Differences in federal vs state laws are causing significant confusion with consumers. States are acting to offer clarity in the laws and their enforcement but it takes some time for states to catch up. The Texas congress has sent a bill to the Governor for hemp legislation to be passed which will allow hemp farming in Texas and make CBD products legal if they contain less than .3% THC.  

One additional factor that you need to pay attention to is testing. Since almost all of the legal issues with CBD are related to THC, it is important to view third party lab results prior to making purchase decisions.  These should be available on the seller’s website. In addition to giving you piece of mind that you have a legal product, testing also provides verification of the cannabinoid(s) in the product. Here is a sample report for you to view. This report is for a CBD isolate with zero THC.