With the rising popularity of Delta-8 THC comes many concerns as well. The problem is that the cannabinoid industry is still largely a grey area.
Although the federal laws make it clear what constitutes legal and what doesn’t, several states continue to have their individual regulations in place, making things even more complicated for consumers. What’s legal in one state of the USA may not necessarily be in another. And, if you are not aware of the laws of your state of residence or to the place you wish to fly, you may well find yourself in the soup.
So, many regular Delta-8 consumers and frequent fliers often have asked these valid questions:
“Can I fly with Delta-8 THC products?” Will I be breaking any laws if I do?”
“Can I land in prison if I get caught carrying Delta-8 on a flight?”
Besides, many people may like to consume a dose of Delta-8 on the flight itself to ease their fear of flying. Can you do that? Can you keep your Delta-8 vape or gummies in your carry-on luggage?
That’s a lot of questions to answer in two seconds or one word. That is why we decided to address this issue head-on. In this article, we will try to answer these questions and more.
Is It Legal To Fly With Delta-8 THC?
Flying Within The US
The answer would depend on whether the states where you are flying from and flying to have legalized Delta-8 THC.
Currently, 16 US states do not recognize Delta-8 THC as legal and, hence, it is likely to be illegal to fly with the compound from or to those states. These states are:
- New York
- North Dakota
- Rhode Island
So, before you embark on your journey, find out the laws for both the state you are flying out from and your destination.
Airlines & TSA
Second, you must check with the airline whether you can carry cannabinoids with you. Airlines may have their own rules, and it’s better to find them out in advance rather than getting into trouble before boarding your flight.
The Transportation Security Administration (TSA) may not bother to detain you even if you are flying from or to a state where Delta-8 is illegal. First, TSA officials do not look for contraband in your luggage. They are rather concerned about passengers’ safety. So, they will look for objects that are likely to threaten the security of passengers. Your little pouch of gummies won’t belong to that category.
However, that does not mean that you will let your guard down.
As of now, you are safe from the TSA’s rules, although before the 2018 Farm Bill, the TSA had banned the sale and use of all “marijuana and cannabis-infused products”. The rules have since been updated in keeping with the Farm Bill. So now, all products containing less than 0.3% of Delta-9 THC are legally approved.
The new law has also removed hemp-extracted THC from the Controlled Substances Act. So, if your Delta-8 THC product contains less than 0.3% THC and the cannabinoid was derived from hemp, there is no law, as such, barring you from boarding your flight with such a product.
Just in case the airline does not allow cannabis products or the airport is located in a state that considers Delta-8 as illegal, you are not likely to get arrested. At most, your product may be confiscated, and you may be detained for questioning.
Also, your Delta-8 may be mistaken for Delta-9. So, it would be wise to carry any documentation to prove otherwise. You could print the third-party lab-test report from the website of the brand you purchased the product. All reputable brands display downloadable and printable lab reports on their site. If you are a medical cannabis user, do carry your MM card.
International flying with cannabis is a different ball game altogether. Many countries around the world consider cannabis illicit. If you get caught with cannabis products, you may face a jail term or even worse.
Some nations have extremely stringent laws that severely penalize people carrying contraband on flights. You really don’t want to be caught with any “illegal substances” there.
So, do your research well before you embark on your journey and then decide on carrying your Delta-8 vape device, gummies, or oil.
Some countries may allow the use of cannabis products within their borders but may not allow you to enter with a product. They may have their set of stringent rules, just like we have the ‘below-0.3%-THC’ rule here in the US.
So, it’s best to leave your own products at home and buy cannabis products in that country, i.e., if they are legal. That way, you can taste some exotic cannabis products, too!
But what if you are a medical cannabis user?
Well, your medical cannabis card may be honored within the boundaries of the US. But it’s a different story in numerous other parts of the world. They might consider that card as invalid, or worse, phony, and you, a drug dealer or an addict. So, do not take a risk while flying internationally.
How Should You Pack Your Delta-8 Products?
So, if you are flying from a state where Delta-8 is legal, and your destination state has legalized it too, you can carry your favorite vape pen or vape oil on the flight.
But where should you pack it? Is it safe to pack it in your carry-on bag, or should you put it away in your check-in luggage?
Well, the rules would differ depending on the product.
You are usually allowed to carry gummies, cookies, hard candies, and other foodstuffs in either your carry-on luggage or your check-in bag.
Also, remember that gummies are sensitive to heat and may melt on the way. To prevent that from happening, it’s best to carry them in their original packaging, which usually has some mechanism to prevent melting.
Gummies are also discreet in nature. Even if you pop in a gummy bear or two to deal with your flying anxiety or claustrophobia, no one would really know that it contains cannabinoids. But before you do so, check with the airline whether you are allowed to carry food items in your hand luggage.
Oils and Tinctures
All liquids will be subject to the same rules, whether you are carrying them in your check-in or carry-on luggage. The TSA allows you to take one quart-sized bag filled with containers holding up to 3.5 oz (100 ml) of liquid. So, your bottle should contain less hemp oil than that. And that goes for all other fluids and oils, whether cannabis-infused or not.
Vaporizers are not necessarily hemp products. And the rules on vaporizers are more or less the same around the world.
Most airlines allow battery-powered electronic smoking devices, such as e-cigarettes, as carry-on items only. Your vape device would fall in that category. However, it would be better for you to find out the rules of the particular airline you are flying to be sure. One odd airline may not allow your vape device on the plane.
However, if you are carrying extra vape oil, the rule on liquids will apply. So, be mindful of every regulation and pack accordingly.
However, you may not be able to use your vape device on the plane. Gummies are discreet but not vapes. So, it’s better to pack your vape device carefully to ensure that it doesn’t get damaged or doesn’t leak oil. Wait until the plane lands before you switch it on.
Things to Remember While Flying With Delta-8 THC
Here are a few points to remember while flying with Delta-8 THC products:
#1. Carry new products in their original packaging
Leave Delta-8 products in their original sealed packaging. Carry a new pack for your journey. Do not carry products whose packaging has been opened or are partially used. Gummies tend to melt, while tinctures and vapes tend to leak. The sealed packaging will prevent that from happening.
Also, if you get into trouble with the TSA or local law enforcement agencies, the authorities will be able to identify the product from its label.
#2. Carry documentation
If you are a medical marijuana user, keep your MM card close at hand. Carry receipts and printouts of third-party lab test reports as you got on the brand website. These documents will also help the authorities identify your hemp products as legal if any doubt arises about their legitimacy.
#3. Carry only legal Delta-8 products
Remember that only hemp-derived Delta-8 THC containing less than 0.3% Delta-9 is legal. But how would you be sure that your product meets these criteria? Only third-party lab test reports can authenticate that.
So—and we cannot stress this enough—buy ONLY from genuine and reputable brands to make sure that the Delta-8-THC products you buy meet the federal standards. They even get their products tested by independent labs and publish the results on the site so that you have valid documentation.
If you buy a dubious product from a phony brand, you would have no papers to prove their legality, and then you could land in trouble. If the authorities catch you and get your products tested and they turn out to be illegal, how would that go for you? Not very well, we’re sure.
#4. Pack your product well
Read the packing guidelines of the airline thoroughly. Make sure to seal the bottles of oils or vape liquids to prevent any leakage. Pack them in Ziplock bags to be extra careful. Also, make sure to find out which products you are allowed to carry in check-in luggage and which ones can go in your carry-on bags.
#5. Switch to CBD (for the time being)
Delta-8-THC is illegal in 16 US states, but CBD is not. CBD is legal in all 50 states of America. CBD offers a lot of the same benefits as Delta-8 THC, except the high. Part with the high for a few days and enjoy the other benefits while you’re traveling. At least, you won’t have to worry about the legal repercussions.
#6. Think about the next step (after entering a country)
This is especially true about international travel. You may get past the airport security authorities with your stash of Delta-8 THC. But what about using it in public? What if you get caught at a public place and are told that what you are doing is illegal? Consider all possibilities before you pack your D-8 product. As we have already said, it’s best to say goodbye to Delta-8 for a few days while you are on international travel.
The Final Word
Safety ALWAYS comes first.
So, while flying domestic, make sure that the states you are flying out of and flying to have legalized Delta-8 THC. Do not take an unnecessary risk if one or both of them prohibit its use.
While traveling abroad, it’s best NOT to carry any cannabinoid at all.
If it’s legal in that country, you can buy it locally. If you find that it’s safe to fly with cannabinoids, follow the packing rules of the airline.
Be responsible – for your safety and that of others around you.