Legality

Medically Reviewed By:

Nidra Sidhu, M.D. Integrative Medicine

Can You Bring Delta 8 On A Plane? What Is Currently Allowed?

It's time for a break from the work stress, you are all set for a vacation and want to take your “legal buzz” with you. It will make your vacation fun and your flight smoother, especially if you are a bit of a nervous flyer. 

Can you bring your cannabis products with you? Can you fly with delta 8 gummies? Can you travel with delta 8 on an international flight?

Delta 8 is federally legal in the US but not in all states and some other countries, which complicates flying with delta 8. 

This article aims to clear up any questions you might have about flying with delta 8 cannabis products.

What Is The Legal Status of Delta 8 THC?

The Agricultural Improvement Act (Farm Bill 2018) changed what federal law specifies regarding the status of hemp when it delisted it as a controlled substance.

Hemp products and hemp-derived products with no more than 0.3% of delta 9 THC became legal to possess and were also allowed to be transported across state lines including for wholesale orders.

What The Farm Bill Says

However, the 2018 Farm Bill did have some restrictions attached, the biggest being that there was shared power between federal and state authorities over the plant's legality. That is why federal and state laws on hemp differ in some cases.

While some state authorities argue that hemp is a synthesized product and ban it, others have accepted that it is a hemp-derived product, making it legal.

So, is delta 8 legal? Yes - on a federal level it is a legal hemp product but does not enjoy the same legal status in all 50 states.

Can You Bring Delta 8 on a Plane? Is It Legal To Fly With Delta 8 THC?

Although delta 8 THC is a federally legal hemp product, the question remains about whether you can bring delta 8 on a plane or not.

Other factors like the TSA (Transport Security Administration) and state line regulations determine if you can have delta 8 edibles in checked luggage or your carry-on bag.

How State Lines Work

Most state lines are privately owned and have rules they work with and so does the TSA. 

So, can you bring delta 8 on a plane? YES - but you have to check the rules of your chosen airline first to verify if they allow cannabis products on their planes as well as TSA regulations. 

Flying With Delta 8 THC Between States And Intrastate

Can you fly with delta 8 THC gummies? Traveling in the same state is not much of a problem if it is legal in your state but before you consider taking your gummies to another state, check its legality in that state. 

If it is, check with your airline if they allow legal hemp products on board or if they are considered to be illegal drugs.

After ticking those boxes, there is still airport security to get through. The TSA doesn’t look for hemp products or cannabis products during normal security screening.

What Could Happen

However, if it's found in your possession, you will be subject to interrogation, which is why you may need to carry documentation showing that your product passes as a hemp product. We will go into more detail about this later in the article.

States You Can’t Fly To With Delta 8 THC

Although the majority of states in the US have legalized hemp and hemp-derived products and they are legal by federal law - though some have their own local laws and rules regarding cannabis possession, there are still some who ban and restrict the use of delta 8.

States That Don't Allow Delta 8 THC

Currently, the states of Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Nevada, Utah, Rhode Island, and Vermont have strict restrictions on the use of THC products hence, it is impossible to fly with delta 8 to these states because they may be considered to be delta 9 THC or other illegal drugs.

So if any of these states is your destination, you should leave your hemp products at home as local law enforcement identify these products as illegal.

Can You Travel With Delta 8 Internationally?

Delta 8 is not legal in every country and some countries have harsh penalties for people caught with marijuana possession. For instance, Singapore doesn’t differentiate between hemp and cannabis, they classify it as controlled substances and punishment can be up to 10 years imprisonment plus a hefty fine.

In other countries where it is legal, the THC legally allowed in hemp products needs to be lower than 0.3% or they may not allow you to bring it from a different country.

What To Know Before Flying Internationally

Before flying internationally with your delta 8 THC, find out your destination country's cannabis laws and restrictions to make an informed decision. If it is illegal or the federal laws are unclear, you may have to leave your THC products behind because the consequence is not worth it.

How To Store Your Delta 8 During Your Flight - Can Delta 8 Be In Your Carry-on?

As we have already confirmed, yes, you can. However, you must abide by restrictions concerning what you can have in your carry-on or checked luggage, so you need to know your airline rules.  So the question now is, where should you store it?

This will depend on what products you want to take on -board with you.

Delta 8 Gummies

Can you fly with delta 8 gummies? Yes, you can and they are simple to store during your flight. If your airline allows food and snacks on the plane, keep them in their original packaging in your bag or carry-on.

It is federally legal and you can likely have a gummy or two on board to help you manage the stress of traveling. The delta 8 THC feeling can help put you to sleep or keep you in a relaxed mood throughout your flight.

If it is not allowed on the plane by your airline, then store your edibles in checked luggage. 

Oils

According to TSA regulations, 3.4 ounces (100 ml) or smaller-sized containers that can fit in one quart-sized bag may be in your carry-on items through the checkpoint. Other containers larger than 3.4 ounces must be in checked luggage regardless of the quantity inside.

Vape Cartridges

Battery-powered devices like electronic cigarettes and electronic nicotine delivery system devices can be brought on board only in your carry-on bag. The Federal Aviation Administration and state lines advise that you carry your vapes in a secure container to prevent accidental activation of the device.

Unlike edibles that you can snack on, you cannot use your vape cartridges on the plane. Both state lines and the TSA prohibit it. 

TSA Restrictions On Delta 8

Your airline rules may permit you to bring your delta 8 on board but you still have to follow the TSA’s regulations. Can you bring delta 8 on a plane? The answer to this question sometimes rests on the TSA’s screening process.

What The TSA Says

According to TSA, they are not at the airport to sniff out delta 8, their focus is to identify potential threats to aviation and passengers.

Since delta 8 is federally legal, they don’t have many restrictions on it. They might permit you to take it on a plane provided your delta 8 products contain the legal limits of delta 9 THC or has been approved by the FDA.

The Worst Case

The worst-case scenario with TSA is that your delta 8 will be confiscated if the TSA security officers don't allow you to carry it on board but it is unlikely you will be prosecuted, but if it is illicit substances, the TSA will hand it over to the local law enforcement.

Tips For Flying With Delta 8 THC

Being able to fly with delta 8 doesn’t only depend on federal and state laws, your chosen airline and the TSA security officers at the airport play a role in it. Here are some tips to make flying with delta 8 a smooth one.

Don’t Repackage

Leave the delta 8 products in their original package. This makes for easy identification with the TSA, especially if your delta 8 products are flagged as illegal. 

Pack Carefully

Ensure you follow the TSA and your chosen airline’s packing guidelines when packing your delta 8 edibles in checked luggage or your carry-on.

Carry Documentation

Without a lab test, delta 8 can be mistaken for delta 9, which is illegal on a federal level.

It is therefore advisable to print a copy of the Certificate of Analysis from the manufacturer indicating the legal limit of delta 9 THC available in the products you are carrying and a receipt from your delta 8 purchase.

Buy Authentic Legal Hemp Products

Buy delta 8 online with the legal limit of delta 9 THC from trusted sources to avoid getting in trouble with local law enforcement.

If you are traveling outside your state or country, you should plan past your flight. Can you carry your delta 8 on public transport?

Can you use vapes in public? Find out your destination’s local laws regarding delta 8 and make plans for it.

Is Flying With Delta 8 Different From Flying With Other Cannabis Products

Can you bring weed on a plane? The answer is NO! Marijuana and some other cannabis-infused products still remain illegal on a federal level unless the product contains less than 0.3% delta 9 THC.

However, medical cannabis might be allowed on the plane depending on the TSA security officers at the airport.

If you carry along your physician's prescription and medical card, it is more likely that the TSA security officers will allow you to take your medical marijuana on the plane, following the laid down regulations.

Flying With Delta 8 THC: Takeaways

Can you fly with delta 8? Yes, you can if your chosen airline allows it, but can you bring weed on a plane? No, weed is illegal; as such, it is not permitted on an aircraft unless it is medical marijuana.

Can you travel with delta 8 internationally? That depends on your travel destination. Before you pack your delta 8 THC or hemp products, make sure your airline allows them on the plane. And also ensure you have done your own research about delta 8 local laws in your destination state or country. 

Note that delta 8 THC can sometimes be flagged as delta 9 THC. Without lab testing, it is difficult to tell the difference and when your delta 8 gets flagged, you will be subject to interrogation by the TSA. This is why you should buy your delta 8 products at trusted sources with third-party lab results showing that the products contain the legal limit of delta 9 THC.

We recommend you try our delta 8 gummies which have been lab tested and contain the legal limit of delta 9 THC.

Legal Disclaimer: Always consult an attorney for the best legal advice regarding THC and other edibles in your state and local regulations, as the material shared here, is for informational purposes only. 

Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.