Article written by
Ruth LemonVP of Operations
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When traveling with any cannabis product, it’s essential to be careful. Rules can differ from state to state and internationally, too, and the rules within a certain location can also change from time to time.
You may be able to fly with Delta-8 cannabis across state lines, as long as it’s legal in the areas you’re traveling to and from and the airline you’re flying on allows it.
(Remember, discussing your concerns with a lawyer for any specific legal matters is always best.)
The Legality of Flying with Delta-8 Cannabis
Delta-8 tetrahydrocannabinol (Delta-8 THC) is a psychoactive cannabinoid in small amounts of cannabis, and it can also be derived from hemp. Delta-8 is chemically similar to Delta-9 THC (more commonly known as simply “THC“), although it’s a lot less potent and is found in smaller quantities.
As of 2018, Delta-8 is currently legal at the federal level in the United States. The Agricultural Improvement Act, also known as the Farm Bill, legalized hemp products and derivatives of cannabis that contain less than 0.3% Delta-9 THC on a dry weight basis.
The Transportation Security Administration (TSA) updated its rules for traveling with cannabis at the airport. Citing the Farm Bill, the TSA allows people to travel with products that contain less than 0.3% Delta-9 THC or products that the FDA has approved.
Although Delta-8 is federally legal, states have their own laws, and legality varies from state to state. The following states have banned Delta-8:
- New York
- North Dakota
- Rhode Island
Delta-8 THC is currently legal in other states, but remember that it may be more tightly regulated in some states.
Ultimately, the legality of flying with Delta-8 depends on where you’re traveling from and where your destination is. If it’s legal in both of these states, you’ll likely be able to bring it to the airport and fly with it. You can’t use it inside the airport, though.
In addition to federal laws, the TSA, and state laws, a fourth factor you must consider before flying with Delta-8 is the airline you’re flying on. Some airlines do not allow it, so it’s best to check with your airline before packing those Delta-8 gummies into your carry-on.
It’s also a good idea to bring documentation to the airport to prove that what you’re carrying is Delta-8, that you’ve legally purchased it, and that it meets the TSA and federal requirements of containing less than 0.3% Delta-9 THC.
Download Our Guide To Your Cannabis Rights
Types of Delta-8 Allowed on Planes
Regardless of the type of Delta-8 you bring onto the plane, it can’t exceed 0.3% Delta-9 THC. Because of this, it’s essential to get it from a reliable source to know it’s been derived from hemp and that you’re allowed to fly with it.
You can bring gummies and other edibles, vapes, oils, and liquids onto the plane with the correct storage.
Where to Store Delta-8 While Flying
Your Delta-8 products need to be stored in secure and sealed packaging. This helps to prevent leakages, but it can also be a useful identification tool if you’re pulled aside by a TSA agent and need to explain what you have.
In all cases, you should leave your Delta-8 products in their original packaging and not use Delta-8 during your flight.
It’s best to check with your airline for specific guidance on how to store Delta-8 when flying. The way you should store it also depends on the type of Delta-8 product you’re using:
- Edibles: Edibles such as gummies can easily be brought onto the plane and left in your carry-on or checked bags.
- Vapes: If you smoke Delta-8 with a vaporizer, the cartridge must be packed in your carry-on luggage, and this is a TSA requirement for any vaping product.
- Liquids: Liquids, such as oils or tinctures, can be stored in your carry-on bag. The TSA states that for any liquid, you can bring one quart-sized bag with bottles that hold 100 mL of liquid or less. If you want to bring more, you’ll need to store them in your checked luggage.
Can You Take Delta-8 on International Flights?
Traveling internationally with Delta-8 is more complicated than traveling inside the United States.
Although some countries have legalized cannabis and/or hemp products, many still have strict border controls and don’t allow outside cannabis products to be brought in.
Cannabis and even hemp-derived products are still illegal in many countries. This means that carrying Delta-8 could come with potentially harsh penalties. For these reasons, it’s not a good idea to take Delta-8 on international flights, especially if you have any concerns or uncertainty about the repercussions.
The Bottom Line
Before trying to fly with Delta-8 THC, it’s essential to research the laws of your departure state, destination state, and specific airline rules. Just because Delta-8 is federally legal doesn’t mean you can take it anywhere.
Above all, follow the TSA’s rules by getting your Delta-8 from a reputable source and ensuring it contains less than 0.3% dry-weight Delta-9 THC.
Frequently Asked Questions
Can you fly with Delta-8 to Mexico?
In 2021, the recreational use of cannabis was decriminalized in Mexico. However, this only applies to the possession and use of cannabis within the country, and it doesn’t apply to bringing Delta-8 into the country. Because of this, it’s not advised to take Delta-8 or any other cannabis or hemp-derived product — including CBD products with 0% THC — across an international border, including Mexico.
Is Delta-8 legal in airports?
The TSA’s rules describe how Delta-8 can be brought through airports as long as the Delta-9 THC content is less than 0.3% and that it is legal in both the departure and destination states. So, while the TSA allows you to bring it from point A to point B, you should not use Delta-8 at the airport.