As you probably already know, cannabidiol (CBD) is a substance found in industrial hemp – a variety of the Cannabis sativa plant species and it is grown and processed for many purposes such as production of rope, textiles, food, bioplastic, biofuel, paper, building materials, etc. Also, it contains a wide range of cannabinoids with CBD being in higher concentrations than TCH – the psychoactive component of marijuana. In Europe, the allowed content of TCH in industrial hemp is limited to 0.2 percent as THC is an illegal substance in many European countries.
After the so called Farm Bill was passed in 2018 on a federal level in the USA (the Agriculture Improvement Act of 2018), industrial hemp is no longer a controlled substance under federal law only if it contains less than 0.3 percent on a dry weight basis. Therefore, the CBD oil which derives from this plant will not contain TCH over that threshold and would not be illegal. With this, both marketing and sale of such CBD products is now allowed.
Vape pens are practical as the CBD enters you bloodstream directly through your lungs. If you haven’t found the right one for you, make sure you visit vaporsolo.com.
So, if you are wondering whether it is illegal to travel with your (hemp!) CBD vape pen, below, we will try to provide some guidance. The main issue wouldn’t be with the pen, but with the CBD oil (or an e-liquid) that is vaped through it.
You should know that when traveling with an airplane, your CBD oil might be tested for THC, or it can be sniffed by dogs that are trained to smell compounds called terpenes commonly found in marijuana which are actually very low in hemp, so probably the dogs wouldn’t even react to them (unless they are potentially trained to that in countries where even CBD is banned).
You should carefully review the contents of the CBD product you will be taking with you, and especially pay attention if it contains TCH at all and in what quantity, and then check the local laws just to be sure that you won’t get into trouble because of this. Another thing you should not forget, is the amount of the liquid you can store in your carry-on bag, as the usual restriction is 3.4 oz or 100ml.
Put your e-liquids in a zip locked bag for extra safety. Even though broad-spectrum oils are better, when flying, it might be wiser to get a TCH-free product, an isolate, since many tests used at airports are sensitive enough to detect it, but will not quantify it.
Since the laws around cannabis are constantly changing, it is hard to keep up with the newest information. Below, we will try to give you an updated answer, but as this is not intended to be legal advice, so you should check again on the government websites right before traveling, in case come additional changes have been introduced. Also, make sure to check the airline’s policies on vape pens and never charge the device, or vape during a flight.
USA
As we have mentioned before, with the passing of the “Farm Bill 2018”, growing industrial (medicinal) hemp, has become legal under federal law only under the condition that it doesn’t contain more than 0.3% of THC on a dry weight basis. Therefore, the CBD oil which derives from this plant will not contain TCH over that threshold. With this, both marketing and sale of hemp-derived products is now allowed.
Therefore, you travel with CBD products, they are allowed in both the carry-on bags or the checked luggage on a plane. However, as explained on the website of the Transportation Security Administration (TSA), if the officers discover something suspicious during their regular security screening, they must report so that further measures can be taken. If you are a worried about TCH, even if it is in the permitted quantities less than 0.3%, it might be a good idea to get a CBD isolate as they do not contain any TCH whatsoever, and therefore would not be illegal. Still, as they mention on their website, you will be the mercy of a TSA officer who gets to decide if an item can go through the checkpoint, or not.
When it comes to vaping devices, as a vaping pen, you can bring onboard only in your carry-on luggage, as the cabins are pressurized, and the cargo compartment isn’t.
It would be smart to read the newest updates on the website of the TSA and the state law before actually travelling with a CBD product.
Europe
Even though cannabis is legal in some European countries such as the Netherlands, it is still prohibited in many of them. As not all countries that are on the European continent are part of the European Union, different laws may apply. Countries have their own rules and restrictions and you shouldn’t rely only on this information if you will be traveling there.
As seen above, the threshold for the amount of TCH in a hemp-derived product differs between the USA and Europe, with it being higher in the States. However, travelling with a CBD product is legally acceptable only if it contains TCH is less than 0.2%, but this amount can vary among the countries.
Canada
When talking about Canada, where both medical and recreational cannabis are permitted, the amount of THC that a particular CBD product can contain is not regulated, unlike USA and Europe. Still, the limit on liquids applies, so have that in mind when packing your carry-on luggage.
Australia
Apparently, CBD is legal in Australia. However, it is advisable that you have a prescription for it (or a doctor’s letter specifying the dose) and you can carry a maximum 3 month supply of it. Or you can email the Australian government and inform them about your plans to bring this substance with you.
The Rest of the World
Be particularly careful when thinking of traveling with a CBD vape pen in the Arab countries, Japan, South Korea, Malaysia and Thailand. It is not advisable and this list is not definitive.
