In May 2022, the Court of Appeals confirmed that Delta 8 THC is federally legal.
But, as with most Hemp products, the confusion now sits mainly at the state level and issues with local law enforcement.
Below we will dive in to answer if you can fly with Delta 8 THC on your next flight and what you need to know to be best equipped to deal with any potential questions that may arise.
Is it Legal to Fly with Delta-8 THC?
When it comes to Federal law, the answer is yes, you can fly with Delta 8 legally across the United States.
The Court of Appeals confirmed the legality of Delta 8 THC in the recent trademark infringement case around Delta 8 THC Hemp products.
However, this only applies when you are flying to a state where Delta 8 is also legal. As an example, Delta 8 is still illegal in Nevada, and there are also a few remaining ambiguities in Texas law as well.
Nonetheless, before you pack up and head off to the airport, you need to determine the local laws that exist in your destination regarding Delta 8.
You should also check the company policy of the airline you have selected to determine their individual regulations regarding what items are not allowed to be taken along by passengers on their flights.
These general airline policies also commonly apply to items such as batteries, sharp objects, and flammable fluids.
Flying With Delta 8 Nationally
It is improbable that anyone on a domestic flight will have their luggage rummaged through by airport staff who are in search of contraband substances.
The most important thing to check is the legality of Delta 8 in the locale where you are planning to land.
But, even if you happen to be flying to Nevada, where Delta 8 is still prohibited despite the fact that cannabis itself is legal, your Delta 8 products, whether they be gummies, tinctures, or vapes, are generally compact and can be easily concealed in your luggage if you wish.
TSA Delta 8 Policy
Pursuant to the 2018 Federal Farm Bill, hemp-derived products containing 0.3% or less Delta-9 THC on a dry weight basis are completely legal at the federal level and are in line with adjustments in the Controlled Substances Act.
When it comes to domestic flights, the TSA does not specifically address the issue of transporting Delta-8 and other cannabinoids.
Their screening procedures are directly focused on security and detecting potential threats to the airlines and passengers both in the airport and aboard all of the planes.
As a matter of course, TSA security officers do not go out of their way to search for substances such as marijuana or cannabinoid extracts.
However, this does not mean that it is not a good idea to carefully pack away such items to avoid any potential issues that might arise from their detection.
No matter whether you are flying or being transported in a private vehicle, traveling while in possession of medical marijuana is only legal when doing so within the borders of a state where medical or recreational marijuana is legal.
Carrying cannabis across state lines, even if they are contiguous states that both allow for the legal use and possession of marijuana, the substance is still totally illegal under Federal laws.
This applies even if you have an MMJ card from the state you are leaving and are within the possession limits that are provided for therein.
From a federal perspective, carrying marijuana across state lines is a felony that will likely cause you to be arrested if apprehended.
One way to avoid this problem is to check with the state you are traveling to before departure.
If they have a Medical Marijuana program in force, chances are that they might also have an MMJ reciprocity program, which simply means that it will recognize an MMJ card from another state.
Even if they do not have a reciprocity program, many states will allow you to obtain an MMJ card in their state after displaying a card issued to you in the state you are traveling from.
Be sure to check in advance because certain states, like Hawaii, require you to sign up for a medical marijuana card before your arrival.
You should also be aware of the fact that legal possession limits may vary significantly from state to state. As an example, Oregon allows you to possess 24 ounces of medical marijuana, whereas Virginia only allows the possession of 4 ounces.
In the end, however, discretion is always the better part of valor and you might consider more low profile, easily concealed options such as concentrates, vapes, or edibles in lieu of transporting the flower itself.
Taking Delta 8 THC on an International Flight
Flying internationally with Delta-8-THC and other cannabis derivatives, however, is an entirely different story.
The fact is that, even in the 21st Century, a vast majority of countries still consider cannabis an illicit substance.
Further, some countries can dish out ruthlessly harsh penalties for even simple cannabis possession. Unfortunately, many of these countries also make no exception for non-psychoactive hemp-derived products, as is the case in the U.S.
Even in some countries where cannabis is legal, there may still be penalties for products purchased outside of the local area or for possession of paraphernalia.
If you are planning on flying internationally with any medical cannabis products, it may be well worth your while to research the laws that apply in the country of your destination.
You should be aware that carrying any type of cannabis product on an international flight is risky business, to say the least; and may likely put you at odds with customs, local law enforcement, or both.
If you happen to be flying to a country that has already legalized cannabis, it is probably a better idea to simply purchase what you need after your arrival.
So, next time you head to the airport for an international flight and think to ask “can you fly with Delta 8” we’d suggest you avoid doing so and stay on the right side of local law enforcement in your destination.
Packing Delta 8 For Flying
Irrespective of whether you carry your Delta-8 products as a carry-on or in your checked luggage, you will need to make sure that they are stored in a manner that meets and conforms to all TSA guidelines.
After you have verified that both local laws and airline policies allow you to transport Delta-8, there are a few other bases that you might want to cover in order to assure that everything will go smoothly.
When it comes to flying with Delta-8 products, D8 gummies are easily the safest and most convenient item to take aboard an airplane with you.
Gummies, hard candies, and other foods are generally permitted to be carried on board or in your checked luggage.
Just be sure to check with the airline to verify that passengers are allowed to bring their own food and snacks aboard.
According to TSA regulations, passengers are allowed to carry on 1 quart-sized bag filled with containers that hold 3.5 oz (100 mL) of liquid or less.
However, any other types of creams, aerosol products, or liquids should be packed in your checked luggage before your flight.
Any certified hemp products that are either in oil or liquid form are generally subject to the same rules as other liquids when carried aboard.
Most airline rules regarding the carrying of vaporizers are fairly consistent internationally.
In most cases, battery-powered electronic smoking devices, which include personal vaporizers, e-cigarettes, e-pipes, e-hookahs, and other vapor delivery systems, can be brought along as carry-on items only rather than being packed in your luggage.
It is advised that you only pack the amount necessary for your personal use and that it abides with your airlines’ rules regarding carry-on liquids.
You should never plan on using your D8 vape carts while you are in the airport or on the plane. Most airlines recommend placing your vaporizer in an individual carrying case to prevent leaks or inadvertent activation.
Most airlines also prohibit passengers from charging their vape devices while on the plane.
Tips For Taking Delta 8 On A Plane
Keep Documentation Handy
Always be sure to carry some sort of documentation you may have, such as receipts or any relevant test results provided by the brand.
These documents may be helpful if, for whatever reason, your hemp-derived product should happen to get flagged by security.
Keep In Orginal Packaging
if possible, leave the item(s) in the original packing that it came in rather than repackaging it. This will assist the TSA as well as local law enforcement in quickly identifying and verifying the integrity of the product.
Ensure You Buy Third Party Tested Delta 8 THC Only
These days, virtually all manufacturers of cannabinoid extracts employ rigorous third-party laboratories to verify the purity and efficacy of their products.
The primary reason for this is to assure that their customers are purchasing an item that is totally free of contaminants such as insecticides, chemicals, and heavy metals.
However, in the case of traveling on an airline, the TSA and local authorities are not as concerned with health issues as they are with questions involving legality.
Wrapping Up – Flying with Delta-8-THC
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.
In 2019, the TSA updated its rules regarding hemp and hemp-derived products pursuant to the 2018 Farm Bill. Previously, their rules banned all marijuana and cannabis-infused products.
However, the new ruling provides an exception for products that contain no more than 0.3 percent THC on a dry weight basis and are approved by the FDA.
In this case, the 2018 Farm Bill declares that all hemp products, including those containing cannabinoids, isomers, and other extracts containing less than 0.3% Delta-9 THC, are federally legal.
This new ruling also removes the non-psychoactive tetrahydrocannabinol found in hemp from being subject to the Controlled Substances Act.
As a result, Delta 8 THC is no longer defined as a Controlled Substance but instead is considered a legal hemp product; and as such means that there is no legal barrier that specifically restricts you from carrying Delta-8 on an airplane.
In reality, the TSA is not particularly focused on detecting any cannabis products that a passenger may be carrying.
On the other hand, if they do happen to stumble onto any illegal substances while examining your carry-on luggage, it is their policy is to confiscate it and turn it over to local authorities.
Being able to provide them with test results, which are generally available on the company’s website, is the best way to verify that the hemp-derived substance that you are carrying on board does not contain more than .03% THC-9, which would be in violation of federal laws, and sometimes local law.
Frequently Asked Questions
Can You Take Delta 8 Gummies on a Plane?
Because they are so low-profile and can be discreetly carried and enjoyed, passengers rarely have a problem taking Delta 8 THC gummies along with them on domestic flights.
They are generally viewed much the same way as candies, chocolate, and other snack foods. However, it is generally a good idea to check with the airline upon which you are traveling first just to make sure that they will allow you to bring food with you on the plane.
It also happens to be much easier to pop an infused gummy in your mouth to help alleviate any pre-flight anxiety that you might have as opposed to actually vaping on the plane, which is definitely not recommended.
Nonetheless, in the final analysis, how would any casual observer ever be able to detect whether the gummy you just ate was infused with a cannabinoid extract or just a normal confection.
Can You Fly with Delta 8 Carts?
Carrying vaporizers and vape carts on board may be a bit more problematic than flying with edibles. From an international perspective, Around the world, there is a much stricter stigma against vaping, as opposed to having other cannabis products that might pass scrutiny more easily.
However, most airlines currently allow passengers to carry on e-cigarettes that are electronic or battery-powered. and domestically, vapes containing Delta-8 THC distillates are also covered under this umbrella.
Once again, it is crucial to recognize that all airlines are individually owned businesses that set their own policies.
It is for this reason that it is a good idea to make a quick check with the carrier that you have selected to make sure that there will be no problem in bringing along your Delta-8 vape before heading off to the airport.
It is better to be safe than sorry if you happen to be dealing with a particularly strict airline, because they always have the option of refusing your request, and if this type of thing should occur shortly before your flight departs, it could ruin your whole trip.