There’s no question that CBD oil is having gaining a great reputation, yet federal regulations pertaining to CBD products are confusing. Last month, the Transportation Security Administration (TSA) announced a change to their rules regarding traveling with CBD products.

CBD is most certainly gaining popularity in health and wellness industries. And for good reason – CBD helps combat pain, insomnia, anxiety, and can even benefit your skin.

Though it sounds like a miracle drug, the U.S. government isn’t yet on board. Rules surrounding CBD production, sale, and transportation on planes remains a bit confusing, despite the legalization of medical marijuana across 33 states. Here’s everything you need to know about the new TSA rule, and if you really can board a plane with CBD products stashed in your carry-on.

Is CBD even legal in the United States?

Kind of! In 2018, President Donald Trump signed the new Farm Bill, which took CBD products off the list of Schedule I narcotics. This means that hemp can now be legally grown in the United States and CBD oil can be extracted from it. However, it has not yet been cleared with the Food and Drug Administration (FDA).

The legality gets even more confusing on the state level. While the Farm Bill states hemp may contain up to 0.03% THC, some states have outlawed it altogether, such as in Texas where CBD products must contain 0.00% THC to be considered legal.

While hopefully nobody is likely to give you a hard time for carrying CBD products, it is not yet 100% legal. Even the TSA states that “possession of marijuana and certain cannabis-infused products remain illegal under federal law.”

What does the new TSA rule really say?

The new TSA rule states “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.”

That really means that Epidiolex, the single CBD drug approved by the FDA, is safe to fly with. You can only get Epidiolex with a prescription, and it’s reserved for children with severe seizure disorders. If you’re traveling with Epidiolex, make sure to bring along a note from your doctor for good measure. All other CBD products consumers buy at their nearest mom and pop shop or over the internet are exempt from this rule.

However, the TSA also makes it abundantly clear that they really don’t have time to be looking at your CBD gummies. “TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers,” the TSA says. “Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”

How much CBD can I fly with?

If the CBD is in liquid form (like a tincture or oil), you must abide by the TSA rules on liquids. That means no more than 3oz in your carry-on bag.

So, should I take my CBD with me on a plane?

It’s up to you! If you want to risk having your CBD seized, facing a fine, or possible prosecution, then go ahead. If you can go without CBD for the duration of your travels, it’s probably best to just leave the substance at home.