Delta 8 THC is federally legal. You can buy it just about anywhere, but does that mean you can fly with it on a local or international flight?
Whether you’re considering taking delta 8 on a plane to help with pre-flight anxiety or just want your legal buzz to accompany you during vacation, you should check with your local laws and airline regulations to see whether or not they’re in your favor.
Does TSA approve flying with delta 8 THC? Can you take delta 8 gummies or vapes on a plane?
Fortunately, yes! Most of the time, it’s completely okay to fly with delta 8, but you may need to keep certain rules in mind regarding delta 8 storage during your flight.
We looked at the TSA regulations and checked with leading airlines to provide you with a complete and relevant guide to flying with delta 8 THC.
Important Note: We’re doing our best to stay on top of the latest delta 8 THC laws across the country, but the legal landscape for individual cannabinoids is dynamic, so regulations may change quickly. We don’t provide legal advice in this article; it’s best to do your own research to verify the information we present below.
Most of the time, yes! It’s legal to fly with delta 8 when you’re flying between two areas where delta 8 is legal, provided that the airline you’re flying with doesn’t specifically ban delta 8 products.
Before hopping on a flight with delta 8, you need to check with your local laws and your selected airline to learn what you can and can’t take on a plane. This applies even to products that aren’t derived from cannabis.
Sometimes, you might be surprised at what you can’t legally take on a plane (like batteries or fresh food).
Your destination also plays an essential role in what you can carry with you since you’ll need to respect the local regulations of that place.
Let’s focus on domestic flights for now.
Here’s what you need to know.
Delta 8 THC is legal at the federal level, but that doesn’t mean it’s 100% legal to fly with delta 8 THC.
The TSA doesn’t have any regulations surrounding delta 8 specifically, but the agency does make it clear what they’re not looking for:
“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs…”
Simply put, the TSA isn’t interested in your delta 8 THC products or other hemp derivatives you may keep in your luggage, but does that mean you can legally fly with them?
To answer that question, we need to dive deeper into TSA’s rules.
The TSA changed its rules in 2019, responding to the 2018 Farm Bill’s legalization of hemp and hemp-derived products.
Prior to the new law, TSA banned all “marijuana and cannabis-infused products,” but the new regulations make an exception for “products that contain no more than 0.3 percent THC on a dry weight basis or are approved by the FDA,” asking passengers to refer to the Agricultural Improvement Act of 2018 for further details.
The new federal law specifies that hemp products, including cannabinoids, isomers, and other extracts containing no more than 0.3% delta-9 THC, are federally legal. The Farm Bill also removed tetrahydrocannabinols other than delta-9 from the list of controlled substances.
Delta 8 isn’t a controlled substance. Instead, the federal law considers it a legal hemp product, so in theory, you shouldn’t have any problems flying with delta 8 THC.
As mentioned earlier, TSA isn’t interested in sniffing out cannabis products. However, if they find illegal substances while searching your bags, their policy requires them to turn them over to local authorities.
Even if your delta 8 products are mistakenly flagged as delta 9 THC, you’re going to be subject to interrogation while the products undergo a lab analysis.
It’s all the better if you have documentation of your purchase, with relevant lab reports to prove that your delta 8 product actually comes from hemp. The worst that can happen to you is that you’ll have your products confiscated, but you’re unlikely to be prosecuted.
That’s one of the main reasons you should only buy delta 8 from a reputable source. If you’re caught with products containing more than the legally allowed amount of delta 9 THC, you may find yourself in serious trouble.
Even if you find that you can legally fly with delta 8 products, you need to check with your local state laws to make sure you can carry them with you when you’re off the plane.
Make sure that delta 8 THC is legal to possess and use in the state you’re headed to. The TSA will have nothing against it, but we can’t say the same about accidentally running into local law enforcement with delta 8.
While you can legally fly with delta 8 THC on domestic flights, flying internationally with such products is a completely different story.
Most countries in the world (including the USA) consider cannabis to be an illegal drug, and some countries have unbelievably heavy penalties for cannabis possession. Unfortunately, unlike the U.S., many areas don’t make an exception for hemp-derived products.
That means flying with cannabis and hemp products, such as oils, vapes, and gummies may be subject to harsh penalties. Even in some countries where cannabis is legal, you may still be punished for purchasing these products outside of the local area or for buying paraphernalia.
Medical cannabis products are subject to different regulations. Whether or not you can fly with medical cannabis depends on the laws in the place you take off and your destination.
Most of the time, you’ll need to fill out a lot of paperwork to be allowed to carry medical cannabis on a plane, so if you’re flying to a country that has legalized cannabis, it may be a better idea to wait until you arrive at your destination.
If you decide to fly with delta 8 THC, you need to make sure to store them in a way that protects the product and abides by TSA guidelines.
Here are some storage tips for popular delta 8 products:
Delta 8 THC gummies are legal to carry on the plane; they’re actually the easiest type of product to take on a flight. You can leave them in their original packaging.
Gummies and other food products can usually be carried in your hand or checked luggage, but confirm with your chosen airline to make sure you’re allowed to bring your own snacks on the plane.
Any liquid hemp product such as Delta 8 tinctures is generally subject to the same regulations as other liquids when you take them in a personal bag. As stated by the TSA, you’re allowed to carry one quart-sized bag filled with bottles that hold 100 mL of liquid or less.
Other liquids, oils, creams, or aerosols should be packed in your checked luggage before departure.
Can you fly with delta 8 cartridges?
This is a simple question to answer because airline rules on vaporizers and electronic cigarettes are quite consistent around the world.
Here’s what Delta Air Lines says about flying with vapes:
“Battery-powered electronic smoking devices, such as ‘e-cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers, electronic nicotine delivery systems,’ can be brought as carry-on items only.”
Long story short, if you decide to take a delta 8 THC vape pen on the plane, it needs to be stored in your personal bag and not in your checked luggage. You should only pack the necessary amount for personal use.
While you may be tempted to use the vape while in the airport or on the plane, we wouldn’t recommend it. In fact, Delta Air Lines recommends carrying your vaporizer in a special case or another secure container to prevent leakage or accidental activation – prohibiting passengers from using their devices during the flight.
Okay, let’s say you’ve checked with your airlines and looked into local regulations for flying with delta 8 THC. This section will help you make the process even smoother.
If possible, always carry your products in sealed packaging. The product label will help TSA or local law enforcement identify the content of the product.
The Certificate of Analysis (CoA) is a document that lists all substances in your product, including the levels of delta 9 THC. Most of the time, having a relevant CoA will help you avoid trouble with the law.
Check the packing guidelines provided by your chosen airline. Make sure to seal any open vape liquids or oils with tape to keep them from leaking. Place extra oils inside a leak-proof, plastic bag before packing them in your checked bags to keep the other luggage safe.
Always check if your delta 8 product is derived from hemp and produced according to federal standards. Look for the lab reports to confirm the delta 9 THC content.
If you’re worried about flying with delta 8 THC, consider taking CBD on the plane. If you compare CBD to delta 8 THC, hemp-derived CBD is legal in most countries in the world, so it’s a safer option most of the time.
It’s better to err on the side of caution when flying with delta 8 THC product. You almost need to become a legal expert in marijuana because the laws are dynamic and different rules are at play depending on where you fly, where you’re starting from, and how your airlines treat delta 8.
You have to abide by the federal and state laws in the USA when traveling with delta 8 locally. For international flights, it’s essential to research the laws in your destination country.
Have you flown with delta 8 THC? Share your story so that other users can better prepare for taking delta 8 products on the plane!
Livvy is a registered nurse (RN) and board-certified nurse midwife (CNM) in the state of New Jersey. After giving birth to her newborn daughter, Livvy stepped down from her full-time position at the Children’s Hospital of New Jersey. This gave her the opportunity to spend more time writing articles on all topics related to pregnancy and prenatal care.
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