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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 have Delta-8-THC in your car? And what happens if you get pulled over with Delta-8?
These are important questions, especially as Delta-8 grows in popularity. However, the answers depend on where you are. While Delta-8 is generally legal under federal law, transportation rules can vary by state.
Here’s what you need to know when it comes to carrying Delta-8 in your car.
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
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:
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.
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.
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.
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