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Delta-8-THC is rising in popularity for both its recreational and therapeutic effects and legal accessibility—but can you legally have Delta-8 in your car? What happens if you get pulled over with Delta-8 in your vehicle? Can you carry a Delta-8 dab pen or cart without getting into trouble?
The answer depends on where you are and how you store it. In this guide, we’ll break down everything you need to know about driving with Delta-8, including key legal risks, transportation tips, and what to do if the police stop you.
Let's jump in:
First and foremost, you need to check your local state laws regarding Delta-8-THC. It probably goes without saying, but it's illegal to carry Delta-8 in your car in any state where Delta-8-THC is not legal. You should also make sure that Delta-8-THC is legal in any state you plan to travel to if you're planning on crossing state lines with Delta-8 products in your car.
Otherwise, there are no federal laws about traveling with Delta-8 in your vehicle, but it is presumed to be legal in any area where Delta-8 is legal as long as you follow some basic storage guidelines.
After you've verified that Delta-8 is legal in your state, you can also check state law to see if there are any transportation regulations. To date, we're not aware of any state that has specific transportation laws regarding Delta-8-THC products, but hemp laws are evolving rapidly across the country, so it's definitely worth a check.
In lieu of Delta-8 transportation laws, we'll take a look at the laws regarding how to travel with cannabis products in states where high-THC cannabis is legal. Again, there are no federal laws here, so you'll notice that there are some discrepancies in cannabis transportation laws from state to state.
Still, these laws can give you a basic idea of how to safely carry Delta-8 in your car. Most cannabis transportation laws are similar and involve storing cannabis in its original container in a place that is out of the driver's reach.
For instance, Illinois state law allows the transportation of cannabis in a motor vehicle providing it is stored in an odorless, childproof container that is completely sealed and is placed in an area that is out of the driver's reach. Storing cannabis in any other type of container, having it in an unsealed container, or in an area that is directly accessible by the driver is considered a class A misdemeanor.
Colorado has similar laws. In Colorado, however, cannabis can be stored in the passenger area of the car as long as it is in a sealed container. Travelling with cannabis in an open container is considered a traffic violation.
California also has a closed container law, and breaking the law can be grounds for a fine of up to $100.
In Massachusetts, cannabis cannot be stored in any area of the car designed to carry passengers. That means that cannabis cannot be stored in the cab of the car, including in the glove compartment. Instead, you must carry cannabis in a closed container in the trunk or equivalent area of the vehicle.
It's important to note a few things:
As you can see, most cannabis transportation laws are similar from state to state. The primary difference between states are the penalties associated with breaking the laws. With that said, let's look at how these cannabis transportation laws compare to Delta-8 laws:
As we mentioned previously, we aren't aware of any state laws regarding the transportation of Delta-8 in a motor vehicle. In a state where cannabis is legal, it's safe to assume that Delta-8 is subject to the same storage and transportation laws.
In all other areas, we recommend combining the strictest regulations in order to cover all bases. The primary difference in Delta-8 vs cannabis transportation is that it is always illegal to transport high-THC cannabis products across state lines or to carry it on any federally owned land.
Because Delta-8 is federally legal, the same restrictions may not apply, but you should make sure that you are not breaking any state laws while transporting Delta-8-THC products.
If you're still confused on how to carry Delta-8-THC products in your car, here is what we recommend:
First, if you live in a state where it's legal to carry high-THC cannabis products in your car, follow the same state regulations when carrying Delta-8-THC products.
If you live in a state where cannabis is illegal but Delta-8-THC products are legal, we recommend the following:
If you're pulled over with Delta-8 in your car, the situation depends on local laws and whether Delta-8 is legal in your state. While it’s federally legal, some states have specific regulations or restrictions regarding Delta-8. If Delta-8 is prohibited in your state, you could face fines or legal consequences, similar to being caught with THC.
It depends on the contents of the pen and your state’s laws. If the pen contains Delta-8 or THC oil, you may be subject to cannabis possession laws. In states where THC is illegal, even a small amount in a vape pen can lead to legal trouble.
If the pen contains Delta-8 and you're in a state where it's legal, store it:
In its original packaging
In the trunk or a locked glove compartment
With lab results or a receipt if possible
Remember:Open container laws can apply to vape pens if they are accessible and have been used.
No—just like traditional cannabis, Delta-8 can impair reaction time, motor skills, and judgment. Driving under its influence is not only dangerous but also illegal in many states, even if Delta-8 itself is legal.
You can be charged with a DUI if you appear impaired, and many field sobriety tests don’t differentiate between cannabinoids.
Yes. Drug-sniffing dogs can detect cannabis compounds, including those found in Delta-8 carts and dab pens—especially if they contain any Delta-9-THC or residue. Even small traces can trigger alerts, which may escalate the situation during a traffic stop.
One of the most important parts of traveling with Delta-8-THC is ensuring that your Delta-8 products are legal to begin with. In other words, you need to make sure that the Delta-8 products you buy are made by responsible manufacturers who follow all federal and state hemp laws. For the purposes of traveling with Delta-8, you may also want to look for a hemp brand that has various Delta-8 options that are individually packaged.
At Vida Optima, our Elev8 Collection includes a variety of different individually packaged Delta-8-THC edibles, including our unique sublingual style edibles that offer fast acting effects. Or, check out our Delta-8-THC pre-rolls or collection of fragrant Delta-8 flowers.
All Vida Optima products are 100% Farm Bill compliant, third-party tested, and made from premium, U.S. grown hemp.
Delta-8 may be legal at the federal level, but transporting it in your car carries real risks—especially in states where it’s restricted. Keep it sealed, out of reach, and accompanied by proof of legality. Never use Delta-8 behind the wheel or in your car to avoid confusion or DUI charges.
When in doubt, research your state’s laws and treat Delta-8 like high-THC cannabis. Responsible storage and cautious travel can help ensure you stay safe and compliant.
The Delta-8 "loophole" refers to the fact that Delta-8-THC is not explicitly mentioned in the 2018 Farm Bill, which legalized hemp-derived cannabinoids. This allowed manufacturers to produce and sell Delta-8 products legally, as long as they contained less than 0.3% Delta-9-THC. However, states have begun introducing laws to regulate or ban Delta-8, narrowing this loophole.
In most cases, smoking Delta-8 is not illegal on a federal level, and you are unlikely to go to jail for using it. However, the legality of Delta-8 varies by state, and if you are in a state where it's banned, you could face legal penalties or fines, but jail time is unlikely unless other factors are involved.
Delta-8 is illegal in several states, including but not limited to:
Driving while under the influence of Delta-8 is not recommended, just like any other cannabinoid. While Delta-8 might not be as potent as Delta-9-THC, it can still impair motor skills and reaction time. Driving under the influence could lead to legal penalties, including fines or arrest, and is a safety risk.
States are trying to ban Delta-8 due to concerns about its safety, lack of regulation, and its similarity to Delta-9-THC. Some believe that the absence of strict manufacturing standards leads to inconsistent products and potential health risks. Additionally, the growing popularity of Delta-8 has prompted regulatory bodies to act in an effort to control and monitor its use more closely.
Yes, drug dogs can potentially detect weed pens, especially if they contain THC. While some weed pens use vape oil with a low THC content, drug dogs are trained to sniff out the specific compounds associated with cannabis, including THC. The scent might be less potent than traditional marijuana, but it’s still detectable by highly trained dogs.
Whether or not it’s illegal to have a dab pen in your car depends on your location and the legal status of THC in your state. In states where cannabis is legal for medical or recreational use, it’s usually permissible to carry a dab pen in your car, as long as you’re following the guidelines for personal possession and use.
However, in states where cannabis is illegal, carrying a dab pen with THC oil could lead to legal consequences. Always check local laws to stay informed.
No, Delta-8 will not appear on a breathalyzer, which only detects alcohol. However, law enforcement may use other methods (like field sobriety tests or blood samples) to determine impairment.
Flying with Delta-8 within the U.S. is legal in most cases if both departure and arrival states allow it. Always carry products in their original packaging and include COAs if possible. Avoid packing Delta-8 in checked baggage without checking airline/TSA guidelines.
Yes, it’s possible. Many drug tests can't differentiate between Delta-8 and Delta-9 THC, so testing positive may violate your employer’s drug policy—even if Delta-8 is legal in your state.
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