I’ve had many questions in the past few months about cannabidiol (CBD) and immigration. For now, CBD needs to be treated the same as cannabis. At least, that seems to be the way the U.S. immigration authorities are dealing with it.
Suddenly, it seems CBD is everywhere. Local pharmacies sell it. Cannabis retailers sell it. Some grocery stores. It comes in many forms: oils, skincare products, chocolates, pills, drops, bath salts, creams–the list seems endless. The market is booming. I hear that elderly persons like these products for pain relief and sleep. I’ve spoken with physicians, who have no problem recommending its use. The science is playing catch up, as is the law. Its a very odd situation, from a legal standpoint.
The U.S. Food and Drug Administration says it “recognizes the significant public interest in cannabis and cannabis-derived compounds, particularly CBD.” However, the agency is still studying CBD, and other than one prescription product for epilepsy, it has not approved CBD products. In a recent statement, the FDA said, “We are aware that there may be some products on the market that add CBD to a food or label CBD as a dietary supplement. Under federal law, it is currently illegal to market CBD this way.”
The 2018 Farm Bill removed hemp from the definition of marijuana in the Controlled Substances Act. Hemp is defined as cannabis and cannabis derivatives with .3% or less concentrations of THC, the psychoactive component of cannabis. The chemistry gets interesting here, as CBD is often a “hemp-oil” or hemp-derived product. It is possible that a manufacturer can produce CBD products from hemp–and it happens all the time. However, the FDA has not caught up the manufacturing sector to implement a regulatory system to do this in compliance with the Controlled Substances Act. The Drug Enforcement Agency has in the past found that CBD products do violate the CSA, and so until the FDA approves such products, CBD products are going to be considered illegal, if push ever comes to shove.
However, the Federal Government seems to look the other way. CBD sales are enabled by state legalization, and intrastate marketing of the products does not seem to run into any federal law issues. Of course, right now, more than half the states have some form of legalization. At least 15 states now have medical only legalization, which would include CBD.
Our interest here is immigration. I don’t have anything favorable to report. From what I’ve seen, immigration authorities are still treating CBD the same as marijuana. I’ve seen individuals lose their visas to come to the U.S. where they have products which have “the attributes of marijuana”. I’ve seen persons denied trusted traveler status for admitting to using CBD. I’ve inquired with the Department of State about foreign investment in CBD-related businesses, and the government will only say it takes each case on its merits.
I think it is risky to cross the border with a CBD product in a vehicle, or luggage, as applicable. Marijuana confiscation at the border typically leads to a $500 Customs fine. Admissions can be more problematic, as some admissions can lead to a life-time bar. Similarly, persons working in the U.S. industry are at serious risk for future admissibility.
In the face of adverse consequence, the best legal recourse will depend on the facts. Sometimes legal arguments can be presented. Sometimes waivers are available.
The point of this post is to stress that CBD is not a safe or legal substance for noncitizens, at least at this time. In time, I expect adequate regulation will come into existence for hemp-derived products, but right now it seems the immigration authorities are taking a dim view of CBD.