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THC-O is federally legal, but can you bring THCO on a plane? If flying with THC-O has been on your brain lately, you may be wondering what the law (and airline guidelines) has to say about flying with hemp THC products.
Is it legal to fly with THC-O? And if so, what's the best way to carry these products with you?
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 hemp laws across the country, but hemp 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.
Table of ContentsBefore we dig into the details, let's tackle this head in. Flying with THCO may be legal in some cases, but it is not recommended. The same is true for other hemp THC products like Delta-8 or Delta-10.
Regulations for hemp THC products are constantly subject to change both at the federal and state level. Many products are still poorly regulated, meaning they could be illegally made or contain more Delta-9 (a federally prohibited cannabinoid) than legally allowed.
Airline employees and TSA are not well-versed in dealing with hemp THC products are could flag them as illegal marijuana products. At the least, this could cause an inconvenience and a missed flight. Worst case scenario, you could end up needing a lawyer to fight a legal battle.
Still, THCO is legal in many states, and TSA has updated their hemp laws to match federal regulations. This has led many people to test their luck and fly with THCO. If you want to play it safe and avoid trouble, we recommend simply having THCO discreetly shipped to your destination.
Now, let's dig into the facts about flying with THCO and other hemp THC products:
Before packing up for a flight, it's always a good idea to check with your chosen airline to see what you can and can't pack. This is true even for items that aren't THC products. Remember that you'll likely have to forfeit anything you accidentally pack that's unapproved (and nobody wants to have to throw away that whole bottle of expensive face cream because it's just over the limit for liquids on the flight). You may be surprised what you can and can’t legally carry on a plane (like batteries).
Where you are travelling is also important, so be sure to look into the local regulations of your target destination.
Now, let's dig into the most important questions–Can you fly with THC-O nationally? What about internationally?
Here’s what we know:
THC-O is federally legal, but that doesn’t necessarily clarify the rules on flying with THC-O. The TSA doesn’t address THC-O specifically, but does clarify that they aren’t exactly looking for it:
In other words, the TSA isn’t looking for your THC-O 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?
Possibly, but it depends 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 THC-O is not a Controlled Substance and is instead a legal hemp product, and there’s nothing specifically barring you from carrying THC-O 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 THC-O products are flagged as Delta-9-THC products by mistake, you’re going to be subject to interrogation while the products are being tested.
This is one reason that it's incredibly important to only buy THC-O from a reputable, trustworthy source. If you happen to be carrying THC-O products that have more than the legally allowed amount of Delta-9, you may find yourself in a much stickier situation.
We mentioned earlier that checking local legislation at your final destination is important. Just because carrying THC-O is unlikely to cause you any issues with TSA doesn’t mean you won’t have issued with local law enforcement if you’re caught with your products after you arrive.
To see if THC-O is legal in your destination state, read “Where is THC-O Legal?”
Don't risk it. Flying with hemp or cannabis on international flights is almost always illegal.
Even if you’ve never taken an international flight, you probably realize that U.S. laws don’t matter once you leave the country. Unfortunately, the U.S. is one of the first areas to legalize hemp and hemp products, so you may have a harder time taking THC-O on international flights than on local ones.
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 do not separate hemp and cannabis 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.
The penalty for the possession of cannabis is harsh in some areas and may even result in imprisonment. In almost all cases, travelling internationally with THC-O is not worth the risk.
If you decide to fly with your THC-O 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 THCO products:
After you’ve checked with your airline and verified local regulations, here are some tips for flying with THC-O that can help make the process go smoothly:
It is not recommended to take THCO on a plane thanks to varying laws and unclear regulations. While THCO may be legal in your departure state, it's not necessarily going to be legal in every state you cross. Plus, TSA may not be able to tell it apart from traditional marijuana products and may get local law enforcement involved.
Luckily, you can order high-quality hemp THC products online and have them shipped discreetly to your destination, even your hotel. Buying online gives you a good opportunity to gauge to quality of THCO products before you buy to ensure that are federally compliant.
If you're looking for premium, fan bill compliant hemp THC, check out our Elev8 Delta-8 Collection and Cloud9 Delta-9/THCa Collection.
While Delta-8 is federally legal if it is derived from hemp and contains less than 0.3% Delta-9 THC, we do not recommend flying with it without explicit permission from TSA. TSA agents may not be familiar with Delta-8, and state laws can vary, so it's wise to check local regulations at your destination.
Although HHC (Hexahydrocannabinol) may be federally legal, we do not recommend flying with it without explicit permission from TSA. Given its relatively new status, regulations and TSA policies may vary. Always check the specific regulations of your departure and arrival locations.
Despite THC-O (THC-O Acetate) potentially being federally legal, we advise against flying with it without explicit permission from TSA. The legal status of THC-O is ambiguous, and TSA policies may vary. Check state regulations of both your departure and destination locations.
Even though THCP (Tetrahydrocannabiphorol) might be federally legal, we do not recommend flying with it without explicit permission from TSA. Its potent psychoactive effects and unclear legal status make it advisable to check regulations and consider the potential risks involved.
While airplane security, including TSA, is not specifically looking for edibles, they can be detected during screening if they appear suspicious. Drug-sniffing dogs trained to detect cannabis can also alert handlers to the presence of cannabis-infused products. Always follow legal guidelines and be aware of local laws regarding cannabis products.
Yes, drug dogs can be trained to smell edibles if they contain detectable amounts of cannabinoids like THC. While not all security dogs are trained for this purpose, those that are can alert handlers to the presence of cannabis-infused products.
If TSA finds drugs in checked luggage, they will notify local law enforcement. The consequences can vary widely depending on the type and amount of drugs, as well as the laws of the state you are in. Potential outcomes include confiscation of the substances, fines, or arrest and legal charges. Always seek explicit permission from TSA before traveling with any federally legal cannabinoids.
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