The legality of travelling with CBD products will be dependant on the laws of the origin and destination locations. Our guide will help you to find out whether you will be able to take CBD oil with you when you fly between destinations mentioned below.
Despite the 2018 Farm Bill making hemp and CBD legal on Federal Level, individual states can elect to make the sale and possession of CBD illegal.
Statement from TSA website:
“Possession of marijuana and cannabis infused products, such as Cannabidiol (CBD) oil, is illegal under federal law…. TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana or a cannabis infused product is observed during security screening, TSA will refer the matter to a law enforcement officer.”
At federal level, the following applies:
- Anything with more than a 0.3% THC level is classified as marijuana (illegal at a federal level, no matter the state)
- If the product does not explicitly state its THC content, it will be seized
- If a bottle is already open it may be confiscated by TSA due to the risk that the contents may have been substituted for more potent contents
Make sure that you do your research ahead of time to know the laws of the state you are travelling to - and with regards to travelling with CBD oil, we’ve done the research for you.
Note: The information on this page is about CBD. If you would like to know more about travelling with cannabis, please see our Flying with Marijuana guide.
| STATE | LEGAL? | NOTE |
|---|---|---|
| Alabama | Yes - conditional | Legal since 2014 for epilepsy and clinical trials. Now legal across the state when derived from hemp plant according to state Attorney General. |
| Alaska | Yes - conditional | Cannot be shipped across state lines according to USPS. Still widely available as a health supplement across the state. |
| Arizona | Yes | Legal and available in health stores across the state when derived from hemp containing less than .3% THC. A bill passed in June of 2019 allows for growing of industrial hemp within the state. |
| Arkansas | Yes - conditional | The state passed legislation to allow CBD purchasing throughout the state in 2017. Farmers should soon be able to grow industrial hemp to extract products like CBD oil, though it is currently not permitted under law. All civil and criminal penalties for hemp-based CBD have been eliminated as of 2019. |
| California | Yes - conditional | CBD derived from cannabis is regulated within California as a cannabis product and subject to marijuana laws. CBD derived from industrial hemp is not an approved food additive it cannot be added to human or animal foods. |
| Colorado | Yes | CBD oil is legal in Colorado, with limited dispensaries offering “medical-grade” |
| Connecticut | Yes | Legal as of July 1, 2018, when derived from hemp plants. |
| Delaware | Yes - conditional | Under Rylie’s Law, passed in 2015, Delaware registered residents can purchase CBD products for qualifying medical disorders and conditions from medical marijuana dispensaries within the state. Legal for purchase when derived from hemp plant. |
| Florida | Yes - conditional | CBD oil can be used under law by patients in the medical marijuana program if it is derived from the marijuana plant. If derived from the hemp plant, the law is less clear and falls under federal guidelines. |
| Georgia | Yes - conditional | Legal when derived from marijuana plants for specific medical conditions, providing it contains less than 5% THC. Legal when derived from hemp plants. |
| Hawaii | Yes - conditional | Legal when derived from hemp plants. Illegal when derived from marijuana plants except for specific medical conditions. |
| Idaho | No | Illegal when derived from marijuana plant. Multiple legislation attempts have failed. |
| Illinois | Yes - conditional | When derived from hemp plants: legal. Only legal when derived from marijuana plants for registered patients with qualifying conditions. |
| Indiana | Yes - conditional | Legal when containing less than .3% THC for registered epilepsy patients. Legal when derived from hemp plants, containing less than 0.3% THC for widespread use. |
| Iowa | Yes - conditional | Illegal when derived from marijuana plants except for registered epileptic patients, providing it contains less than 0.3% THC. Legal when derived from hemp plants. |
| Kansas | Yes - conditional | Illegal when derived from marijuana plant. Legal only when containing 0% THC and derived from hemp plant. |
| Kentucky | Yes - conditional | Only legal when derived from marijuana plant for patients in clinical trials. Legal when derived from hemp plant. |
| Louisiana | Yes | Legal as of June 6, 2019 when derived from hemp plant and containing less than 0.3% THC. |
| Maine | Yes - conditional | Legal for purchase for adults 21 and over. Cannot be sold as a "food" or edibles, or infused in commercial food products. |
| Maryland | Yes - conditional | Illegal for recreational use when derived from marijuana plant. Legal when derived from hemp plant. |
| Massachusetts | Yes | CBD is legal in all forms. |
| Michigan | Yes | Legal for adults 21 and over. |
| Minnesota | Yes - conditional | Legal when derived from marijuana for only registered patients. Legal when derived from hemp. |
| Mississippi | Yes - conditional | Legal when derived from marijuana plant only for medical research and patients with a qualifying, intractable epilepsy diagnosis. Legal when derived from hemp plant. |
| Missouri | Yes - conditional | Legal when derived from hemp plant with less than 0.3% THC for registered patients carrying a card under the state’s Hemp Extract program. |
| Montana | Yes - conditional | Legal for patients with specific conditions when derived from marijuana plant. Legal for all when derived from hemp. |
| Nebraska | Questionable | Illegal when derived from marijuana plant. Unclear when derived from hemp plant. |
| Nevada | Yes | Fully legal for adults 21 and over. Legal for minors with qualifying marijuana cards for specific conditions. |
| New Hampshire | Yes - conditional | Legal when derived from marijuana for patients with registered cards from physicians. Legal when derived from hemp. |
| New Jersey | Yes - conditional | Legal only for specific patients when derived from marijuana. Legal when derived from hemp. |
| New Mexico | Yes - conditional | Only legal when derived from marijuana for registered patients. Legal when derived from hemp. Dispensaries are urged to purchase only through New Mexico growers. |
| New York | Yes - conditional | Legal when derived from marijuana only for registered, card-carrying patients. Legal when derived from hemp plant. |
| North Carolina | Yes - conditional | Legal when derived from marijuana plant when containing less than .3% THC and over 10% CBD when prescribed by neurologist for epileptic patients only. Legal when derived from hemp. |
| North Dakota | Questionable | Marijuana derived CBD is only available to qualifying CBD patients. Hemp-derived CBD is considered controversial and sales are enforced on a city-by-city basis. |
| Ohio | Yes - conditional | Marijuana-derived CBD is legal for patients with qualifying conditions. Hemp-derived is widely considered legal. UPDATE: Ohio legislators have signed a bill in July, 2019 to make CBD legal "officially." It is waiting on the governor's signature. |
| Oklahoma | Yes - conditional | CBD oils are legal only for pediatric epilepsy patients. |
| Oregon | x | Fully legal |
| Pennsylvania | Yes - conditional | CBD derived from marijuana is legal only for patients with 17 qualifying conditions. CBD derived from hemp is considered legal. |
| Rhode Island | Yes - conditional | Legal for registered patients only when derived from marijuana. CBD derived from hemp is widely considered legal. |
| South Carolina | Yes - conditional | Illegal when derived from marijuana plant. Considered legal when derived from hemp. |
| South Dakota | Yes - conditional | Only legal if FDA approved. |
| Tennessee | Yes - conditional | Marijuana-derived CBD is available only to registered epileptic patients. |
| Texas | Yes | Hemp-based CBD is legal as of June 2019, as long as it contains less than .3% THC. Additional regulations and details are forthcoming |
| Utah | Yes - conditional | Marijuana-derived CBD is legal for epileptic patients meeting specific qualifications. Hemp-derived is questionable. |
| Vermont | Yes - conditional | Marijuana-derived CBD is legal for patients with qualifying medical conditions. Hemp-based CBD is widely considered legal. |
| Virginia | Yes - conditional | Marijuana-derived CBD is legal for qualifying patients. Hemp-derived CBD is widely considered legal. |
| Washington | Yes | Legal for adults and qualifying minors |
| West Virginia | Yes - conditional | Marijuana-derived CBD is legal for qualifying patients. Hemp-derived CBD is widely considered legal. |
| Wisconsin | Yes - conditional | Marijuana-derived CBD is legal for qualifying epileptic patients. Hemp-based CBD is considered questionable. |
| Wyoming | Yes - conditional | Hemp-derived products with less than .3% THC and over 5% CBD are legal only to qualifying epileptic patients. |
Travellers should not face any issues passing customs in the following countries as they either allow for 0.2% THC content or lower, have no laws at all regarding CBD extracts, or allow for the medical/recreational use of cannabis:
| COUNTRY | LEGAL? | LIMITS | NOTE |
|---|---|---|---|
| France | Yes | 0.2% maximum THC level | -- |
| Spain | Yes | No limits legally enforced. 0.2% THC maximum for domestic hemp cultivation. | -- |
| The Netherlands | Yes | No limits legally enforced. | Cannabis is decriminalised thanks to the famous Tolerance Policy |
| Italy | Yes | 0.6% maximum THC level | -- |
| Belgium | Yes | No limits legally enforced. | Decriminalised cannabis for personal use, no limits |
| Poland | Yes | No limits legally enforced. | No policy in place so CBD is entirely legal for the time being. |
| Switzerland | Yes | No limits legally enforced. | No policy in place so CBD is entirely legal for the time being. |
| Sweden | Yes | No limits legally enforced. | Hemp is not considered cannabis so entirely legal |
| Croatia | Yes | No limits legally enforced. | -- |
| Ireland | Yes | 0.2% maximum THC level | -- |
| Cyprus | Yes | 0.2% maximum THC level | -- |
| Greece | Yes | 0.2% maximum THC level | -- |
| Slovenia | Yes | 0.2% maximum THC level | -- |
| Bulgaria | Yes | 0.2% maximum THC level | -- |
| Hungary | Yes | 0.2% maximum THC level | -- |
| Czech Republic | Yes | 0.3% maximum THC level | -- |
| Estonia | Yes | -- | CBD not considered psychotropic so entirely legal |
| Latvia | Yes | -- | No regulation so entirely legal. |
| Lithuania | Yes | -- | No regulation so entirely legal. |
| Romania | Yes | -- | No regulation so entirely legal. |
| Germany | No | -- | All CBD supplements must be prescribed by a medical professional. |
| Austria | No | -- | All CBD supplements must be prescribed by a medical professional. |
| Denmark | No | -- | All CBD supplements must be prescribed by a medical professional. |
| Finland | No | -- | All CBD supplements must be prescribed by a medical professional. |
| Portugal | No | -- | All CBD supplements must be prescribed by a medical professional. |
| Slovakia | No | -- | CBD is illegal and listed as a ‘group 2’ psychoactive narcotic. |
| United Kingdom | Yes | 0.2% maximum THC level | -- |
The following countries have legalized CBD products:
Argentina, Austria, Belgium, Belize, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Guam, Guatemala, Hong Kong, Hungary, Iceland, India, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Paraguay, Peru, Poland, Portugal, Puerto Rico, Romania, Russia, Republic of Slovenia, South Africa, Sweden, Switzerland, Virgin Islands, United Kingdom, Uruguay.
Important:
Please note that the information on this page does not constitute as legal advice.
The content of this page was correct at time of writing, but the laws and regulations of the countries and states listed on this page may have changed since the content on this page was written/updated.
We strongly advise that you do your own research into the laws of the country you visit - most airlines will be able to advise you on the most up-to-date information on CBD rules for the countries and states that you will be flying to and from.
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