Delta-8-THC’s federal legal status means you can buy it almost anywhere, but can you take it anywhere? Whether you’re considering flying with Delta-8-THC to help ease your pre-flight nerves or you just want to take your legal buzz on vacation, you should verify that local laws and airline rules are in your favor.
Is it legal to fly with Delta-8-THC? Can you take Delta-8 gummies on a plane? And if so, is there anything you need to know about how to store them in a TSA-approved fashion?
We checked with the TSA and with leading airlines to find out. Here’s what you need to know:
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws across the country, but Delta-8 laws are subject to change at any time. We advise that you do your own research to verify the information you find in this article. This information is not intended to be used as legal advice or as a substitute for legal aid.
Before packing your bags to hop on a flight, you need to check with your local regulations and your chosen airline to determine what you can and can’t pack. This is true even for products that aren’t Delta-8, and you may be surprised at what you can’t legally carry on a plane (like batteries).
Where you are travelling to also plays a heavy role in what you can carry with you since you’ll need to mind the local regulations of your final destination. Can you fly with Delta-8 nationally? What about internationally?
Here’s what we know.
Delta-8-THC is federally legal, but that doesn’t necessarily clarify the rules on flying with Delta-8. The TSA doesn’t address Delta-8 specifically, but does clarify that they aren’t exactly looking for it:
In other words, the TSA isn’t looking for your Delta-8 products or any other hemp products you may stash away in your luggage, but does that mean it’s safe to carry them with you?
Maybe so, depending on how you interpret the TSA’s cannabis regulations.
The TSA updated their rules in 2019 in response to the 2018 Farm Bill’s legalization of hemp and hemp products.
The previous rules banned all “marijuana and cannabis-infused products,” but the new rule makes an exception for “products that contain no more than 0.3 percent THC on a dry weight basis or are approved by the FDA,” referencing the Agricultural Improvement Act of 2018 for clarification.
Here, federal law specifies that hemp products, including cannabinoids, isomers, and other extracts that contain less than 0.3% Delta-9-THC, are federally legal. The new laws also removed tetrahydrocannabinols in hemp from the Controlled Substances Act.
That means that Delta-8 is not a Controlled Substance and is instead a legal hemp product, and there’s nothing specifically barring you from carrying Delta-8 on the plane. In fact, TSA is not exactly concerned with sniffing out cannabis products. If they do happen to find illicit substances while searching your bags, however, their policy is to turn it over to local law enforcement.
Of course, even if your Delta-8 products are flagged as Delta-9-THC products by mistake, you’re going to be subject to interrogation while the products are being tested.
It may be handy to carry documentation of your purchase (and any relevant test results) that prove that your Delta-8 is, in fact, a legal hemp product. Worst case scenario, your hemp products may be confiscated, but you’re unlikely to be arrested or prosecuted.
This is one reason that it's incredibly important to only buy Delta-8 from a reputable, trustworthy source. If you happen to be carrying Delta-8 products that have more than the legally allowed amount of Delta-9, you may find yourself in a much stickier situation.
Even if you find that it’s legal to carry your Delta-8 products on the plane, you need to check to make sure that it’s legal to carry them off the plane, too. In other words, make sure that Delta-8-THC is legal to possess and use in the state you’re traveling to. This is unlike to cause you any issues with TSA, but could definitely be cause for an unpleasant run in with local law enforcement.
To see if Delta-8 is legal in your destination state, read “Where is Delta-8-THC Legal? A State by State Guide to Delta-8 Laws.”
While you may be able to take Delta-8 onto a local flight, flying internationally with Delta-8-THC is a different story entirely.
The majority of countries around the globe (including the U.S.) consider cannabis to be an illicit substance, and some countries have incredibly harsh penalties for cannabis possession. Unlike the U.S, unfortunately, many areas make no exception for hemp-derived products.
That means that cannabis and hemp products, including oils, vapes, and other concentrate products may be subject to harsh restrictions and penalties in place. Even in some areas where cannabis is legal, there may still be penalties for products purchased outside of the local area or for possession of paraphernalia.
If you’re flying with medical cannabis products, it may be worth researching the laws in your destination area. In most cases, carrying any sort of cannabis product on an international flight is risky to say the least and is likely to end in a run-in with customs or local law enforcement. If you’re flying to a country that has legalized cannabis, it may be a better idea to just purchase your products after you arrive.
If you decide to fly with your Delta-8 products, whether in your carry-on or in your checked luggage, you need to make sure you store them in a manner that protects the product and meets TSA guidelines.
Here are some storage recommendations for popular Delta-8 products:
Hemp gummies may be the easiest type of product to carry on a plane. You can generally just leave gummies or other edibles in their original packaging. Gummies, hard candies, and other food items can usually be carried in your carry-on or in your checked luggage, but check with your chosen airline to verify that you’re allowed to bring food and snacks on the plane.
Any hemp product that is in liquid form will generally be subject to the same rules as other liquids when carried in a carry-on or personal bag. According to the TSA, you’re allowed to carry one quart-sized bag filled with containers that hold 3.5 oz (100 mL) of liquid or less.
Other liquids, oils, aerosols, or creams should be packed in your checked luggage before your flight.
Airline rules on vaporizers are pretty consistent around the globe. According to Delta Air Lines, “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.”
In other words, if you choose to bring a Delta-8-THC vaporizer, it needs to be packed in your carry-on or personal bag and not in your checked luggage. You should only pack the amount necessary for personal use and you need to abide by the airlines rules for carry-on liquids concerning any extra vape oil or oil-filled cartridges.
Don’t plan on using the vape while in the airport or on the plane. In fact, Delta recommends placing your vaporizer in a special carry case or other secure container to prevent leaks or accidental activation, and the airline also prohibits passengers from charging vape devices while on the plane.
After you’ve checked with your airline and verified local regulations, here are some tips for flying with Delta-8 that can help make the process go smoothly:
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