Can You Fly With CBD or Cannabis? TSA and Federal Law

Hemp-derived CBD with 0.3 percent THC or less and FDA-approved products are federally legal; marijuana is not, and TSA refers it to police.

As of September 30, 2026

Key figuresAs of September 30, 2026
Federal status by product
ProductFederal status per TSABag
Hemp CBD, no more than 0.3% THC (dry weight)Legal under federal lawCarry-on or checked; liquids follow 3.4 oz rule in carry-on
FDA-approved cannabis-based productsLegal under federal lawCarry-on or checked, with special instructions
Marijuana and products above 0.3% THCIllegal under federal lawTSA will refer to law enforcement if found
How TSA handles it
PointWhat TSA says
Searching for drugsOfficers do not search for marijuana or other illegal drugs
If foundTSA refers the matter to a law enforcement officer
ReportingSuspected violations of law are reported to local, state or federal authorities

Sources

Where these numbers come from

TSA's role is aviation security, not drug enforcement, and its cannabis page says so directly: officers do not go looking for marijuana or other illegal drugs. The catch is that if screening turns something up, TSA refers it to a law enforcement officer, and officers must report suspected violations to local, state or federal authorities. So the fact that a bag is not searched for cannabis does not mean the contents are cleared.

What is legal depends on federal law, because every commercial flight is under federal jurisdiction, even between two states where cannabis is legal. TSA states that marijuana and certain cannabis-infused products, including some CBD oil, remain illegal under federal law, with two exceptions: products containing no more than 0.3 percent THC on a dry weight basis, and products approved by the FDA. A hemp CBD tincture that meets the 0.3 percent line sits on the legal side. A dispensary product above that line does not, whatever the state says.

A labeled example helps. A 30 ml hemp CBD oil bottle rated 0.3 percent THC or less is federally legal, and because 30 ml is under the 100 ml limit it fits in the quart bag for a carry-on. A 120 ml bottle of the same oil must go in a checked bag. Keep the product in its original package with the lab report or certificate of analysis so you can show the THC content if asked. A gummy, vape cartridge or topical has its own status, but the THC percentage and the origin still decide the legal side.

State and destination laws add another layer. A product that is fine in your departure state can be illegal where you land, and some countries treat CBD as a controlled drug, so check the destination before you fly. TSA does not confirm your THC percentage at the checkpoint. If you use cannabis-related vape devices, also review the e-cigarette and vape rules, which prohibit them in checked bags, and the medications page for prescription items. This page is general information, not legal advice. For the current TSA status of anything else, use the Can I bring it? TSA finder.

Sources

Figures checked on September 30, 2026.

This page is general information, not legal, insurance or travel-agent advice. Fees, rules and limits change, so confirm the figures with the official sources listed above before you book or travel.

Frequently asked questions

Is CBD oil allowed through TSA?

TSA says CBD products are federally legal only if they contain no more than 0.3 percent THC on a dry weight basis or are FDA-approved. Carry-on liquids still follow the 3.4 oz (100 ml) limit.

Will TSA confiscate marijuana?

TSA officers do not search for marijuana, but if they find it during screening they refer the matter to law enforcement. It remains illegal under federal law, even for travel between legal states.

Can I fly with medical marijuana?

The TSA listing is titled medical marijuana, and it carries special instructions, but the federal rule is the same: only hemp with 0.3 percent THC or less and FDA-approved products are legal. A state card does not change federal law.

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