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Can You Fly with Delta 8?

Delta 8 THC is a minor cannabinoid derived from the hemp plant. It has recently surged in popularity due to its psychoactive properties that are somewhat milder than those of Delta 9 THC, the most widely known form of THC found in marijuana. Given its legal ambiguity in the United States—where it is federally legal under the Farm Bill but banned or restricted in several states—travelers often find themselves in a gray area, unsure if they can legally bring Delta 8 products on flights, especially when traveling across state lines. So, can you fly with Delta 8?


In this blog post, we’ll shed light on the intricacies of flying with Delta 8 and other hemp products, including its legal status, considerations for travelers, and tips on how to stay compliant with laws while keeping the benefits of Delta 8 accessible. By the end, you will know whether or not you can safely stow Delta 8 in your carry-on. Let’s begin!


Understanding Delta 8 THC

Delta 8 THC is a less common cannabinoid found in cannabis, known scientifically as delta-8-tetrahydrocannabinol. It’s similar to Delta 9 THC, the main psychoactive ingredient in a cannabis product that gives the “high” feeling, but it’s not as strong. Delta 8 THC offers a milder and more clear-headed high, which makes it a popular choice for those who want to avoid the anxiety or paranoia that can come with higher doses of Delta 9 THC.


When comparing Delta 8 THC, Delta 9 THC, and CBD (cannabidiol), there are key differences in their chemical makeup, legal status, and effects on the body. CBD is non-psychoactive and known for its potential health benefits, without the high. Delta 9 THC is more potent and psychoactive, and its legal status varies across the US—it’s federally illegal, but some states allow it for medical or recreational use.


Delta 8 THC’s legal situation in the US is complicated because it’s similar to Delta 9 THC. According to the 2018 Farm Bill, hemp-derived cannabinoids are legal federally if they have less than 0.3% Delta 9 THC, which technically makes Delta 8 THC legal at the federal level if it’s from hemp and meets this condition. However, its psychoactive nature has led some states to ban or limit Delta 8 products, resulting in a mixed legal landscape.


Federal Laws and Delta 8

The 2018 Farm Bill was a game-changer for hemp and products like Delta 8 THC in the US. It defined hemp as different from marijuana if it has less than 0.3% Delta 9 THC, making hemp-derived Delta 8 THC federally legal.


However, the DEA complicates things a bit. They say that if Delta 8 THC is made synthetically, it’s still a controlled substance, which creates some legal gray areas, especially about how it’s made.


This situation makes the legalities of moving and selling Delta 8 THC quite complex. Even though the Farm Bill seems to make hemp-derived Delta 8 THC legal at the federal level, the DEA’s view could limit some Delta 8 products, affecting their transport and sale. It’s vital for anyone working with Delta 8 THC to keep up with both federal and state laws to avoid legal trouble.


hemp tablets


TSA Policies on Cannabis Products

When it comes to traveling with cannabis products, the Transportation Security Administration (TSA) has clear guidelines.


Their focus is primarily on ensuring passenger safety and detecting potential threats, rather than actively searching for drugs. However, if illegal substances are discovered during security screenings, TSA agents will refer the matter to local law enforcement officers.


General Rules and Guidelines

The TSA adheres to federal law, under which marijuana and certain cannabis-infused products, including some CBD oils, remain illegal. This includes products that exceed the 0.3% THC threshold.


Travelers are advised to familiarize themselves with the laws pertaining to their departure state, destination state, and any states they may transit through.


Specific Policy on Delta 8 and Other Cannabis Derivatives

Regarding Delta 8 THC and other hemp-derived products, the rules are less straightforward. Since Delta 8 is federally legal under the Farm Bill, provided it contains less than 0.3% Delta 9 THC, it falls into a grey area for TSA.


However, the agency’s primary concern is not Delta 8 but rather ensuring products comply with the 0.3% THC rule. It’s crucial for travelers to have their products clearly labeled and possibly have lab reports on hand to demonstrate compliance with federal law.


Tips for Packing and Declaring These Products

For those choosing to travel with Delta 8 or CBD products, packing them in carry-on luggage or checked bags with clear, unambiguous labeling is wise. This can help expedite the screening process if questions arise.


If you’re carrying oils or creams, remember TSA’s liquid rules—these products should comply with the 3-1-1 liquids rule for carry-on bags. While there’s no requirement to declare these products upfront, being prepared to explain them if asked during a security check is a good practice.


Remember, the ultimate decision rests with the TSA officer on whether an item is allowed through the checkpoint.


not pot CBD oil


Can You Fly with Delta 8? – Flying Domestically with Delta 8

Traveling within the US with Delta 8 THC can be tricky due to different state laws. It may be legal where you start your journey, but the places you pass through or arrive at might have strict rules or even bans on Delta 8.


Before flying, it’s crucial to check the laws of your destination and any states you might stop in. For flights, keep Delta 8 products in their original packaging with clear labels and any lab reports to show they meet the federal legality limit of 0.3% Delta 9 THC.


Since the TSA focuses on safety over drug laws, making sure your Delta 8 doesn’t look suspicious can help you get through security checks more easily.


International Travel with Delta 8

Navigating international travel with Delta 8 THC involves a complex understanding of international laws on cannabinoids, which can be drastically different from the US.


Many countries have stringent drug regulations, and the penalties for possessing substances considered illegal can be severe. Countries like Japan, Singapore, and the United Arab Emirates, for example, have zero-tolerance policies on drugs, including strict regulations against cannabinoids.


Before planning international travel with Delta 8, verify the destination country’s stance on cannabinoids to avoid unintentional legal issues. For international travelers carrying Delta 8, the safest approach is to research extensively, consider leaving your products at home, and purchase legally at your destination if possible.


Remember that carrying any cannabis-derived product across international borders can lead to significant legal complications, including drug trafficking charges in some countries.


Legal Precautions and Delta 8

When dealing with Delta 8 THC laws, it’s really important to keep up with the latest state and country regulations. Always check your state’s laws because they can change fast. You can find specific information about Delta 8 THC on many state government websites under their cannabis laws section. If you’re traveling internationally, check the U.S. Department of State website or contact the embassy of the country you’re visiting for advice on cannabis products.


If you use Delta 8 THC for medical reasons, carrying your prescription and medical marijuana card can provide extra protection when dealing with police or travel officials. This proves that your possession is legal and for legitimate medical use.


Also, make sure your Delta 8 products are in their original packaging, with labels showing what’s inside, including THC levels. This is not just about following the rules; it helps officials quickly check that your products are legal. Labels are especially important to prove your products have less than 0.3% Delta 9 THC, meeting federal standards.


people lined up in an airport terminal


Flying with Delta 8: Practical Tips

When planning to travel with Delta 8 THC products, choosing the right items is essential for a smooth trip. Stick to products that are not only legal but also unlikely to raise eyebrows during a TSA check, such as tinctures or edibles in their original, clearly labeled packaging. Understanding TSA requirements and selecting products that comply with the 3-1-1 liquids rule can help you pack smarter for carry-on luggage.


Storage and discretion while traveling are key. Keep your Delta 8 in a part of your luggage that is easily accessible in case TSA needs to examine it closer (aka not in your checked luggage), but ensure it is secure and discreet. For added discretion, choose products that don’t emit strong odors or could be easily mistaken for prohibited substances to avoid unnecessary delays or inspections.


Know your rights and the legal protections you have when traveling with Delta 8 THC. If questioned by TSA or law enforcement, remain calm and polite. Have any relevant documentation, like lab reports or prescriptions, readily available to show that your products don’t violate federal law and the regulations of the states you’re flying to or through. While the TSA’s main goal is to ensure the safety of all passengers, understanding your rights can provide extra confidence during your travels.


Alternatives to Flying with Delta 8

Mailing Delta 8 to Your Destination

One practical solution to avoid the complications of flying with Delta 8 THC is to mail the products to your destination ahead of time. However, this requires thorough research into the laws of both the state from which you’re sending the products and the state to which they’re being sent.


Only proceed if it’s legal in both locations and use a carrier that permits the shipment of Delta 8 products.


Purchasing Delta 8 at Your Destination

Another approach is to purchase Delta 8 products upon arrival at your destination. This method ensures that the products you buy comply with the local laws, eliminating the risk of traveling with them.


It is essential to research ahead of time to find reputable local dispensaries or stores that offer the products you need.


Legal Alternatives to Delta 8 for Travel

For those looking for a hassle-free travel experience without giving up the benefits of cannabinoids, considering legal alternatives to Delta 8 THC might be wise.


CBD products, for example, are widely accepted and legal in many places. They can provide similar health benefits without the psychoactive effects associated with THC. Ensure any alternative products also comply with the federal limit of 0.3% THC to avoid any legal issues during your travels.


delta 8 gummies 



To sum up, if you’re thinking of traveling with Delta 8 THC, it’s crucial to keep up with the changing rules on cannabis.


Remember to check if Delta 8 is legal where you’re leaving from and going to, make sure your products are in their original packaging with clear labels, and be smart about what products you choose to bring along.


The rules around traveling with Delta 8 are still changing as laws around cannabis products evolve worldwide. But, as awareness grows and regulations become more uniform, it might get easier to deal with these challenges in the future.


Always stay informed about legal updates and prioritize safety and compliance for a hassle-free travel experience with Delta 8 THC.


pink and purple delta 8 gummies


Frequently Asked Questions

1. Is Delta-8 legal on a plane?

The legality of Delta-8 on a plane is complex because it’s subject to both federal law and the laws of the departure and arrival states. Federally, Delta-8 THC is legal under the 2018 Farm Bill as long as it is derived from hemp and contains less than 0.3% Delta-9 THC.


However, the Transportation Security Administration (TSA) is more concerned with safety and security than enforcing drug laws.


Despite this, if Delta-8 is illegal in any state you are flying from, to, or through, possessing it could lead to complications. Always verify the laws of all relevant locations before flying with Delta-8 products.


2. Can you go through TSA with a Delta-8 pen?

You can go through TSA with a Delta-8 pen in your carry-on luggage, provided it adheres to the liquid restrictions for carry-ons and is packaged appropriately. The TSA’s primary concern is flight safety, but they may refer any suspected illegal substances to law enforcement.


Ensure your Delta-8 pen is clearly labeled to show its compliance with federal law. Be prepared to explain its legality if questioned.


3. Can I fly out of Texas with Delta-8?

Flying out of Texas with Delta-8 can be legally risky. While Delta-8 is legal under Texas state law, airport security and federal law enforcement operate under federal law and airport regulations.


It’s critical to ensure that you comply with all relevant laws and regulations, understanding that legal interpretations can vary. Check the most current Texas state laws and consider contacting the airport for guidance before deciding to fly with Delta-8 THC products.


4. Is Delta-8 federally legal?

Yes, Delta-8 THC is federally legal under the 2018 Farm Bill, as long as it is derived from hemp and contains less than 0.3% Delta-9 THC.


However, this federal legality does not preempt state laws, where Delta-8 may be regulated differently or even banned.


Always check the current federal regulations and state laws where you reside or intend to travel with Delta-8 products to ensure compliance.