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CBD in the USA: federal law, states, TSA and the border

How the United States treats CBD as of November 2026, including the hemp law change, TSA screening, border rules and state differences.

Facts checked 13 November 20265 min readHow we research

As of November 2026, the United States has no single, simple rule on CBD (cannabidiol). Federal law treats CBD made from hemp differently from marijuana, but the legal definition of hemp is in the middle of a major change, marijuana is still federally illegal for most purposes, and each state adds its own rules. For a traveller, the safest assumption is that a CBD product can cause problems at the border, in some states, or both.

This page is general information, not legal advice. US rules are changing quickly, so check the official sources in the footnotes before you travel.

What does US federal law say about CBD?

Since 2018, federal law has defined hemp as cannabis with no more than 0.3% delta-9 THC (tetrahydrocannabinol, the compound that causes a high) by dry weight.1 CBD from hemp that meets that test sits outside the federal definition of marijuana.

Separately, the Food and Drug Administration (FDA) says CBD products are excluded from the definition of a dietary supplement, and that adding CBD to food sold across state lines is prohibited.2 The FDA has approved one purified CBD medicine, Epidiolex, for seizures in certain rare epilepsy syndromes.2

Is the US hemp law changing?

Yes. A federal funding law signed on 12 November 2025 rewrites the definition of hemp.3 Once fully in force, it will:

  • measure total THC, including THCA (the acid form that turns into THC when heated), not just delta-9 THC
  • exclude from “hemp” any final hemp-derived cannabinoid product with more than 0.4 milligrams of total THC (and similar cannabinoids) per container
  • exclude products containing synthetic cannabinoids or cannabinoids made outside the plant.3

The change was meant to start on 12 November 2026. A later law, signed on 2 September 2026, split the start date. Only the ban on cannabinoids that the plant cannot naturally produce applies from 12 November 2026. The total-THC test and the 0.4 mg cap now start on 11 December 2026.4 The Congressional Research Service notes that Congress may consider delaying some or all of the changes again, and that bills to delay or repeal them have been introduced.5 We could not confirm any action after 28 October 2026, so check the current position before you travel.

The practical effect is that many products sold as hemp CBD, especially full-spectrum ones, may contain more THC per container than the new cap allows. See full spectrum vs broad spectrum vs isolate.

Mostly not. A federal order that took effect on 28 April 2026 moved FDA-approved medicines containing marijuana, and marijuana covered by a state medical marijuana licence, to Schedule III. All other marijuana remains in Schedule I, the most restricted category.6

A wider proposal to move all marijuana to Schedule III had not been finalised when we checked. According to a secondary source (a cannabis law reform group), the administrative hearing on it was paused in late September 2026.7 We could not confirm its status from the Drug Enforcement Administration’s own website.

What happens at the US border?

US Customs and Border Protection (CBP) says marijuana “is a controlled substance under United States federal law” and that bringing it into the country “may result in seizure, fines, and/or arrest, and may impact admissibility”.8 Admissibility means whether you are allowed to enter the country.

For medicines generally, CBP advises travellers to carry “a valid prescription or doctor’s note, written in English” and to bring no more than a 90-day supply.9 We could not find a CBP page that deals with CBD or hemp products specifically.

Smartraveller warns that some medicines available in Australia “are illegal or considered controlled substances in the US, even if prescribed by an Australian doctor”, and that drug penalties “can be severe and often include minimum mandatory sentences”.10

What does TSA allow on flights?

The Transportation Security Administration (TSA) screens passengers at US airports. Its “Medical Marijuana” page says: “TSA security officers do not search for illegal drugs, but if any illegal substance or evidence of criminal activity is discovered during security screening, TSA will refer the matter to a law enforcement officer.”11

Older versions of that page described when CBD and hemp products were allowed. The current page, updated 27 April 2026, no longer contains that wording, so we cannot tell you what TSA’s current position on CBD is.11

Do US states have different CBD laws?

Yes. States regulate cannabis and hemp products differently, and some restrict hemp-derived products more tightly than federal law. California, for example, allows adults aged 21 and over to buy cannabis, but its regulator warns that you cannot take cannabis across state lines because it is “still illegal under federal law”.12 Check the official regulator for each state you will visit, not what a shop says.

What is the safest approach?

  • Check the US embassy’s guidance and Smartraveller’s United States page before you travel.10
  • If you take a prescribed medicine, carry it in its original pack with your prescription and a doctor’s letter, as the Australian Government advises.13
  • Remember that coming home, CBD bought over the counter in the US does not meet Australia’s traveller’s exemption. See travelling with CBD.

For other countries, see CBD laws overseas.

Footnotes

  1. Legal Information Institute (reproducing the US Code). 7 U.S.C. 1639o, definition of hemp. https://www.law.cornell.edu/uscode/text/7/1639o ↩

  2. US Food and Drug Administration. FDA regulation of cannabis and cannabis-derived products, including cannabidiol (CBD), content current as of 16 July 2024. https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd ↩ ↩2

  3. US Government Publishing Office. Public Law 119-37, section 781 (Division B), 12 November 2025. https://www.govinfo.gov/content/pkg/PLAW-119publ37/html/PLAW-119publ37.htm ↩ ↩2

  4. US Government Publishing Office. Public Law 119-103, Continuing Appropriations and Extensions Act, 2027, section 2019, 2 September 2026. https://www.govinfo.gov/content/pkg/PLAW-119publ103/html/PLAW-119publ103.htm ↩

  5. Congressional Research Service (via EveryCRSReport). Legal Sidebar LSB11496, 28 October 2026. https://www.everycrsreport.com/reports/LSB11496.html ↩

  6. Federal Register. Rescheduling of Food and Drug Administration approved products containing marijuana from Schedule I to Schedule III, 28 April 2026. https://govinfo.gov/content/pkg/FR-2026-04-28/html/2026-08176.htm ↩

  7. NORML (secondary source, advocacy group). Administrative law judge temporarily stays cannabis rescheduling proceedings, 1 October 2026. https://norml.org/news/2026/10/01/administrative-law-judge-temporarily-stays-cannabis-rescheduling-proceedings/ ↩

  8. US Customs and Border Protection. CBP reminds travelers from Canada that marijuana remains illegal in the United States, last modified 23 August 2023. https://www.cbp.gov/travel/clearing-cbp/cbp-reminds-travelers-canada-marijuana-remains-illegal-united-states ↩

  9. US Customs and Border Protection. Prohibited and restricted items, last modified 14 March 2025. https://www.cbp.gov/travel/us-citizens/know-before-you-go/prohibited-and-restricted-items ↩

  10. Smartraveller (DFAT). United States of America travel advice, updated 6 November 2026. https://www.smartraveller.gov.au/destinations/americas/united-states-america ↩ ↩2

  11. Transportation Security Administration. What can I bring? Medical marijuana, last updated 27 April 2026. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana ↩ ↩2

  12. California Department of Cannabis Control. What’s legal. https://cannabis.ca.gov/consumers/whats-legal/ ↩

  13. Smartraveller (DFAT). Taking medicine and medical devices overseas, updated 18 August 2026. https://www.smartraveller.gov.au/before-you-go/health/medications ↩

Common questions

Can I take CBD oil to the United States?

There is no simple yes. Federal law treats hemp-derived CBD differently from marijuana, but the hemp definition is tightening in late 2026, the border agency treats marijuana as a controlled substance, and states set their own rules. Check the US embassy and the official sources listed on this page before you travel.

Does TSA check for CBD?

TSA says its officers do not search for illegal drugs. It also says that if an illegal substance is found during screening, it refers the matter to a law enforcement officer.

Is CBD legal in every US state?

No single answer covers all states. Each state regulates cannabis and hemp products in its own way, and the federal government says cannabis cannot be taken across state lines. Check the official website of each state you will visit.

Is a medical marijuana card or Australian prescription accepted at the US border?

The US border agency says marijuana is a controlled substance under federal law and that bringing it in may result in seizure, fines or arrest and may affect your admission. It does not describe any exemption for foreign medical cannabis prescriptions.

This page is general information, not medical or legal advice. Laws and evidence change; we show the date we last checked the facts at the top of every page. Talk to your doctor or pharmacist before starting, stopping or changing any medicine.

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