Can You Fly With Delta 8?

So, you are packing for a trip. As you’re running down your list, frantically checking the bag one final time, you ask that familiar yet crucial question, ‘Can you fly with Delta 8?’ It’s no different from packing for a vacation and figuring out if you need those extra shoes. But this time, it’s your Delta 8 Products on the line. Why should you care? Well, if you’re into Delta 8 THC, as everyone should be in today's day and age, you certainly should. Are you a team vape, gummies, or disposable pens? Wherever you land, here’s what you need to know when it comes to flying with Delta 8, served up in a modern style so you can chew it.

• Yes, you can legitimately fly with Delta 8. You’ll clear both TSA guidelines and federal law if you’re carrying only hemp-derived Delta 8 with well under 0.3 percent Delta 9 THC. Again, though, with Delta 8, check both TSA guidelines and state law before you board.
  
  
• State laws differ. Although Delta 8 is legal nationwide, it is prohibited in some states, including Alaska, Colorado, and California. Do not bring your Delta 8 if you are going to or from one of these states.
  
  
• The TSA is focused on security and is not specifically looking for Delta 8 products; however, if a product contains more than 0.3% Delta 9 THC, it may be flagged, and local law enforcement may become involved. In their eyes, all Delta 8 products look the same as Delta 9.

• To help avoid confusion at airport security, pack smart. Store your Delta 8 in its original packaging and bring documentation (such as receipts or lab reports) to prove its compliance with the 2018 Farm Bill.

What makes it even more puzzling is that US airlines allow you to legally fly with those products because the 2018 Farm Bill gave the green light to all cannabinoids derived from hemp as long as the plants they come from don’t contain more than 0.3 percent Delta 9 THC. The rule of thumb seems to be: If you live in a state where marijuana is illegal, you probably can’t fly with your favorite Delta 8 (or CBD) product just because it was made with hemp. But, as we just witnessed, things aren’t that simple. Although it’s legal in one place, you can’t bring it or use it elsewhere. Different states have different rules of thumb.

Chances are good that you’ve heard of marijuana before – whether you refer to it as pot, weed, ganja, chronic, or a thousand other monikers. The reality is that legality on the federal front is still a hot mess. In the US, marijuana is still prohibited by federal law as a controlled substance. Only a few states have hopped on the modernization bandwagon so far.

The interesting part is that hemp is its legally recognized counterpart on the federal level.

Both plants derive from the same cannabis family of plants – there are more than 113 naturally occurring compounds in cannabis, known as cannabinoids, that include compounds such as Delta-9 THC, CBD, and our favorite, Delta-8 THC. The bottom line is that any cannabis product is either legal or illegal per the 2018 Farm Bill, depending on its Delta-9 THC content.

It classifies hemp as cannabis, meeting the regulatory definition of having less than 0.3 percent Delta-9 THC; that makes anything above that threshold marijuana. And while marijuana remains illegal at the federal level, the green light is on for the production, sale, and purchase of hemp and its derivatives – with a few catches.

To keep it compliant with the 2018 Farm Bill, any product must stick to that 0.3% Delta-9 THC limit based on its dry weight. If it crosses that line, it’s no longer considered hemp. There is no federal restriction on the concentrations of other cannabinoids, such as Delta-8 THC or HHC, so be sure to check your local laws!

Therefore, it is legal for you to use Delta-8 Gummies, marijuana, or vaporizers—and even bring them on a plane! As long as you stay within those legal bounds, you are fine because airspace is governed by federal law.

The brave men and women of the civilian Transportation Security Administration (TSA) are tasked with keeping everyone who boards a flight airborne and is not personally vigilante search-dogging your Delta 8 stash. TSA’s broader task is to prevent unlawful materials from entering the passenger and freight travel stream on commercial aircraft. Despite this imperative, TSA must still follow some general rules. Their published line on cannabis is succinct: cannabis products containing more than 0.3 percent Delta 9 THC are not allowed. If one of their routine screenings should yield an illicit smirk of doom-to-be, belongings will be turned over to local law enforcement.

The tricky part? This rule applies no matter what state you're flying from or to, even if your home state is cool with cannabis. As for Delta 8? Nearly all of it falls under the hemp umbrella for less than 0.3 percent THC, so technically, you’d be allowed to fly with it. But airport security checks are inherently something of a crapshoot, and not every TSA agent will be well-versed in the subtle difference between hemp and marijuana. So, you’ll be within your rights, but ultimately, what the TSA agent decides to do with you is up to them.

The 2018 Farm Bill made Delta 8 legal on a federal level, but some states are not having it. Delta 8 is not recommended in a few states, which include:

• Arkansas
• Alaska
• Arizona
• Delaware
• Colorado
• California
• Rhode Island
• Mississippi
• Hawaii (through an administrative rule)
• Idaho
• Iowa
• Montana
• North Dakota
• Washington

Since many of the same states notoriously allow recreational marijuana, this largely boils down to the fact that Delta 8 is harder to regulate than traditional marijuana and easier to illegalize than functioning bans on cannabis have been. 

If you are traveling through one of these Delta-8-unfriendly states, leave your products behind. However, if both your point of departure and destination state have indicated that Delta 8, despite being from a local bank, you should be able to bring it with you on your journey, as long as you check your local laws to avoid any surprises.

When it comes to packing your favorite Delta 8 goodies for your flight, here's what typically works:

Yes, you can Delta 8 gummies on a plane, assuming they pass TSA regulations (less than 0.3 percent Delta 9 THC) – just put them into their original packaging and maybe stuff a photocopy of your receipt if they ask.

Absolutely! If you're bringing along some Delta 8 Carts, make sure they fit within the legal limits and are packed securely in your carry-on or checked luggage.

Yes! As long as it complies with TSA regulations, a Delta 8 Pen should be OK. Just remember that some airlines might have their own restrictions regarding vaping devices.

This is where things get tricky – yes, you can fly internationally with Delta 8 if you’re sure about the laws of your destination country. (Spoiler alert: many, if not most, countries have cannabis laws stricter than those in the U.S., so definitely do your homework before you pack those edibles.)

Here are some pointers if you are determined to travel with your Delta 8:

Keep receipts or lab reports (COAs) handy to prove that your product is legal and compliant with federal regulations.

This helps avoid confusion at TSA security checkpoints and shows that your product is legit.

To stay within legal limits, make sure your product contains less than 0.3% Delta 9 THC. By supplying the COA it shows the THC percentage and show that it is Farm Bill compliant.

If you’re unsure about flying with Delta 8, consider using hemp-derived products that are more widely accepted across states.

You’ll find that many states allow flying with Delta 8; however, states like Alaska, Colorado, and California have restrictions or bans in place. Always verify before packing!

Nope! Flying with Delta-9 THC products is still illegal under federal law unless you're in a state where it's fully legalized.

No, unless they are hemp-derived, as you would face severe penalties for carrying a controlled substance into the area and onto the plane as they exceed the federal legal limit of THC (0.3 percent). If you are 100 percent sure your products are hemp-derived and follow the 2018 Farm Bill’s guidelines (hemp products are not CBD products, but rather products made with CBD and other cannabinoids), then you are fine. Of course, the prevailing rule is to check with the airlines’ regulations and the laws of the country you are flying to.

Got more questions about flying with cannabis products? Check out our blog section for more insights, or drop us an email at hello@thehempcollect.com for personalized advice! Our expert support team is ready to help you navigate this wild world of cannabis travel regulations!

If you’re headed off on vacation and are just as eager to fly off with your supply of Delta 8 as you are with your tickets, know that there are ways to ensure you can bring it with you without a lot of effort. You simply need to plan ahead, knowing exactly what you will face, and determine whether your airline even allows hemp products aboard in the first place. Follow the advice provided above, and you will be ready for a relaxing getaway with your best travel buddy. Safe travels!