This is a very valid and important question. Since CBD and THC are legal in Canada and certain states, people are under the impression they can take them on a plane to other destinations. This is definitely not the case as some users have found out the hard way.
When I first read these headlines: “Canadian woman faces a lifetime ban after getting caught with CBD oil at U.S. border,” my initial reaction was one of anger–as in really? And my second reaction was… sorrow for the woman.
The Law
But here’s the thing! She broke the law… and the law is the law. Even though cannabis is legal in Canada, that does not entitle you to take it across the border.
Even admitting that you have smoked marijuana in the past could put you at risk of being denied entry into the U.S., as thousands of Canadians have already found out. This may seem rather harsh, but it is reality.
Schedule 1
Cannabis is still a Schedule 1 substance (controlled) in the United States and therefore, at the federal level, it is a criminal offence. The ruling states:
Schedule I defines substances, or chemicals as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
This woman was slapped with a fine of $500 for not declaring the CBD oil, had her fingerprints taken and denied entry in the United States and if she wishes to enter again, it will not be a straightforward process.
Travel.gc.ca states the following:
Even though Cannabis is now legal in Canada, it does not change Canada’s border rules and taking any cannabis or cannabis product into Canada or leaving Canada is illegal and can result in serious criminal penalties at home and abroad.
Travel.gc.ca further states:
Do not attempt to cross the Canada-U.S. border with any amount of cannabis in any form, even if you are travelling to a U.S. state that has legalized possession of cannabis. If you do so, you can expect legal prosecution and fines and possibly jail time.
So to answering the question “Can I take CBD on a plane?” the answer is a resounding NO! Taking cannabis across the border is illegal.
Since 1994, I have suffered on and off with chronic pain as a result of degenerative joint changes in both my hips and knees. After refusing traditional pharmaceutical prescriptions as I felt they were invasive to my body, I started researching CBD products, specifically oils and medical marijuana products. I am happy to say that I have been taking them for over 3 years with tremendous success!
