If you’re driving out of the state for vacation or to visit family, it’s only natural to want to bring your CBD products with you. But while hemp-derived CBD products like the ones made by Lazarus Naturals have been descheduled from the Controlled Substances Act, it’s important to be aware of individual state regulations around CBD when taking your products across state lines.
Federal Law vs. State Law
State and federal laws regarding CBD are at times in direct conflict with each other. The 2018 Farm Bill contains a preemption provision which mandates that states allow interstate transportation of hemp if it’s produced under a federal or state regulatory program. However, because the hemp-derived CBD products most consumers purchase don’t fall under this criteria, a handful of states have argued that transporting hemp or certain types of hemp into their state lines is still against the law.
Some states have also yet to make a distinction between marijuana and CBD due to the trace amounts of THC in many CBD products. In other words, a hemp-derived CBD product with less than 0.3% THC, the requirement for it to receive this classification, could still lead to a marijuana classification in select states.
Which States Does This Affect?
Idaho: The state has outlined that the transport of hemp across state lines is against the law. Furthermore, their state law notes that any “evidence” of THC "shall create a presumption that such material is 'marijuana' as defined and prohibited herein.”
Nebraska: State Attorney General Doug Peterson has stated that CBD may not travel into state lines. The only two exceptions he has outlined are the FDA-approved drug Epidiolex and the University of Nebraska Medical Center study that has been authorized by the state legislature.
Kansas: CBD products with no THC whatsoever may travel into state lines. However, this does not apply to products with trace amounts of THC.
South Dakota: State Attorney General Jason Ravnsborg released a statement this month that all forms of CBD oil and industrial hemp may not travel into state lines. The only exception is the FDA-approved drug Epidiolex.
Plan Ahead: If your final destination is a state that has no restrictions on hemp-derived CBD, you can always to wait to purchase new products once you arrive there.
Alternate Traveling: Although this may not always be feasible, you could consider taking a route that avoids these states if you wish to travel with CBD.