Where in the world can I use CBD safely?
When it comes to the self-care industry, there are few things more buzzy than cannabidiol, otherwise known as CBD. The derivative of the cannabis plant, specifically hemp, is widely touted as an elixir that can, among other things, clear skin, relieve pain, and treat anxiety. The latter benefit, in particular, makes CBD — in its various forms, which range from serums to edibles — particularly attractive to nervous travelers, an increasing number of whom are turning to the plant-based product for anxiety when travelling. But Cannabis and Hemp Derived CBD is not “yet” legal everywhere.
What is a world traveller to do when your anxiety kicks up a notch?
To be clear, we do not recommend travelling with CBD but instead acquiring your CBD product in the destination where legal. Though Canada has legalized cannabis and CBD, and most US states have legalized hemp-derived CBD, travelling across the border is still illegal.
Firstly, let’s talk about our Yankee friends.
Even if cannabis is legal in the US state you’re flying from or to (or both), the Transportation Security Administration (TSA) is a federal agency — and, as its website states, possessing any marijuana or cannabis-infused products is illegal under federal law. That said, as per the TSA’s Twitter, the agency itself doesn’t have regulations about transporting or possessing marijuana products; and they’ve made it pretty clear that their officers aren’t exactly actively looking to bust people for weed or its derivatives. “TSA officers DO NOT search for marijuana or other illegal drugs,” the agency wrote in an Instagram post on, fittingly, 4/20. “Our screening procedures are focused on security and detecting potential threats.”
But what about hemp-derived CBD? Isn’t that legal across the US?
On May 29th, 2018, the TSA updated their website with much-needed clarification:
“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.”
Based on the TSA’s adjusted excerpt, it is confirmed that you can bring CBD on a plane as long as it’s derived from hemp and meets the highest standards. While this update confirmed that travellers can bring hemp-derived CBD on a flight, marijuana-derived CBD is still considered as an illegal substance that is prohibited on flights.
So, what’s the difference between hemp-derived and marijuana-derived, CBD?
Hemp and marijuana are both varieties of the cannabis plant; however, they are classified differently under the law due to their concentration of tetrahydrocannabinol (THC), the psychoactive compound found in cannabis.
Under US federal law, marijuana is still considered an illegal substance because of its THC-content and ability to induce psychoactive effects. Hemp contains no more than 0.3% THC, while marijuana can contain over 30% THC-content.
In 2018, Hemp was reclassified as an agricultural commodity under the Agricultural Improvement Act and is no longer considered a controlled substance, which means that products using hemp-derived CBD are legal under US federal law.
Ok, so I can’t travel with marijuana and THC across the US, but I can travel with hemp-derived CBD while travelling local to the US?
Technically, yes. In actuality, you are at the mercy of each state’s law enforcement’s implementation of laws around CBD due to the challenges in identifying CBD vs THC products. The TSA may allow you to fly with CBD, your destination state may still have stricter laws that could get you in hot water, and who wants that when away from home.
Clear as mud?
Although it may seem like CBD is being sold and used everywhere, the legality of it varies from state to state — only 17 states have laws specifically relating to the substance, according to ProCon.org — as do the penalties associated with it. In February 2019, both New York City and the state of Maine cracked down on the sale of food products containing CBD. And in May 2019, a 69-year-old woman was arrested for possession of Hashish after security officers at a Disney World checkpoint found CBD oil — which, she told local news, was prescribed by a doctor for her arthritis. (The charges were eventually dropped.)
What about using CBD internationally?
As we stated earlier, you should not cross our borders with any form of Cannabis product, regardless of being hemp or marijuana derived.
Though you may not be able to bring your favourite Canadian CBD products on your next international trip, below is a list of countries that have legalized CBD products. It’s important to understand that looking into the laws of each country is important, as there are different regulations pertaining to the source of CBD and the amount of THC permitted in the products you carry. We recommend investing the time to research your destination country and what are their current laws around cannabis.
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Argentina
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Austria
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Belgium
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Belize
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Bulgaria
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Canada
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Chile
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China
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Colombia
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Costa Rica
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Croatia
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Cyprus
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Czech Republic
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Denmark
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Estonia
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Finland
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France
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Georgia
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Germany
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Greece
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Guam
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Guatemala
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Hong Kong
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Hungary
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Iceland
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India
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Ireland
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Italy
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Latvia
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Lithuania
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Luxembourg
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Malta
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Netherlands
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Antilles
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Norway
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Paraguay
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Peru
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Poland
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Portugal
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Puerto Rico
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Romania
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Russia
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Slovakia
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Republic of Slovenia
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South Africa
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Sweden
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Switzerland
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Virgin Islands
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United Kingdom
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Uruguay
So, you’re saying NOT to travel with ANY cannabis product?
Yes! Do Not Travel with any cannabis product.
In conclusion, though you cannot travel with your Birch + Fog CBD product, with evolving laws and changing perspective, you can still get your form of CBD products from local vendors during our trip to tie you over until you’re back home.
As a best practice, always obtain your CBD products from a reputable source in the local region wherever around the globe while staying abreast of the constantly changing international and local laws. Happy Travels!
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