November 05, 2021 5 min read

Just like traditional THC, Delta-8-THC has proven itself useful for both therapeutic and recreational purposes. In other words, it's a great choice for toking behind closed doors, but it's also a popular choice for social outings.

And, it's incredibly accessible! You can legally buy Delta-8-THC products in stores and online according to federal law. The question is—can you transport it? Can you have Delta-8-THC in your car?

It's a tough question to answer. It's really a matter of state regulations since transportation isn't really addressed by federal law. In all honesty, there aren't many hard and fast rules about carrying Delta-8 in your car.

Here we'll take a look at state regulations and draw from transportation laws in the states where cannabis is legal to get an idea of the best methods for carrying Delta-8 in your car. Whether you're planning to carry Delta-8 products to a party, on a camping trip, or just to a friend's house, here's what you should know:

Table of Contents
Laws About Travelling With Delta-8-THC
State Laws for Travelling With Cannabis
Delta-8 vs Cannabis Transportation Laws
How to Carry Delta-8-THC in Your Car
Where to Get Delta-8-THC Products
Resources

Key Takeaways

  • There are generally no specific state laws regarding how to transport Delta-8-THC.
  • It's best to transport Delta-8 and its original, sealed container, in an area that is out of the driver's reach.
  • If your state has laws regarding cannabis transportation, apply them to transporting Delta-8-THC as well.
  • Individually packaged Delta-8-THC products may be the most convenient option for traveling with Delta-8.

Laws About Travelling With Delta-8

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.

State Laws for Cannabis Transportation

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.

Delta-8-THC flower that is properly stored in a sealed, odorless, childproof container

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:

  • In all states it is illegal to consume cannabis in a motor vehicle. This usually includes when it is stationary. Signs that cannabis has been consumed in the vehicle can be grounds for arrest.
  • It is illegal and unsafe to drive while under the influence of cannabis, including Delta-8-THC. Doing so can result in a DUI.
  • An "open container" generally refers to any container that has had its original seal broken. Having the lid on does not make the container a "closed container." It must be properly sealed.

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:

Delta-8 vs Cannabis Transportation 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.

How to Carry Delta-8-THC in Your Car

If you're still confused on how to carry Delta-8-THC products in your car, here is what we recommend:

Vida Optima Elev8 Dleta-8-THC Flower Preroll

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:

  • Carry Delta-8-THC products in their original, sealed container.
  • Also carry any receipts or lab results that came with the product that prove it's THC content.
  • Place the container and documentation in the trunk of your car.
  • Consider travelling with individually packaged products, like certain Delta-8-THC edibles or Delta-8 pre-rolls. If you travel with other products, like any amount of Delta-8 flower, you should plan on consuming all of it or disposing of the leftovers before travelling again.
  • Do not consume Delta-8-THC products in your vehicle and do not drive while under the influence.

Where to Get Delta-8-THC Products

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.

Vida Optima Elev8 Delta-8-THC Hard Candies

Resources

  1. “Illinois Information for Purchasers” https://www.idfpr.com/FAQ/AUC/FAQ%20-%20Information%20for%20purchasers.pdf
  2. “Reisch Law Firm LLC: Is It Legal to Drive With Marijuana in the Car?” https://reischlawfirm.com/legal-drive-marijuana-car/
  3. “Colorado Legal Defense Group: Driving With an Open Marijuana Container in Colorado CRS 42–4–1305.5” https://www.shouselaw.com/co/defense/laws/driving-with-open-marijuana-container/
  4. “Cannabis Law Group: Cannabis in Your Car – California Vehicle Code” https://www.marijuanalawyerblog.com/cannabis-in-your-car-california-vehicle-code/
  5. “Cannabis in Massachusetts: Recreation Use of Cannabis by Adults is Legal” https://www.visit-massachusetts.com/state/cannabis-marijuana-in-massachusetts/

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