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Table of contents
Curious about taking Delta-8 on your next flight? You’re not alone. Since these products are now federally legal thanks to the 2018 Farm Bill,1 you might wonder if taking Delta 8 on a plane is possible. After all, navigating the intricate rules and regulations surrounding cannabis products during air travel can feel like stepping into a maze.
Whether you’re traveling with Delta-8 or other cannabis products, it’s essential to be prepared with all the right knowledge. Here are some rules to keep in mind when flying with Delta 8 for a seamless and stress-free travel experience!
- Flying with marijuana is illegal, but bringing hemp-based products like Delta 8 with less than 0.3% THC might be allowed under TSA discretion.
- The legal difference between hemp and marijuana is not common knowledge. So, even if your Delta 8 product has under 0.3% THC, there is a chance the TSA will not honor this information.
- Product type should be taken into account when flying with Delta 8. For example, bringing Delta 8 weed might be riskier than flying with gummies.
- Regardless of TSA, airline, state, and international laws on flying with Delta 8, it’s best to err on the side of caution and leave your cannabis products at home. You can always buy at the destination state or country if they offer them.
Can You Fly with Delta 8?
Although hemp-derived Delta-8 products are legal at a federal level, it doesn’t automatically follow that you can fly with them.
In most cases, flying with cannabis products of any kind is still illegal. However, the legality of flying with hemp-based products is often considered a gray area and will vary based on a variety of factors.
It’s important to familiarize yourself with these factors before flying with Delta 8 THC to avoid any complications. Get to know some of the most important ones in the next sections of the blog.
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Traveling With CBD And Delta 8 THC
Flying with Delta 8: What You Need to Know
If you’re unsure about flying with specific Delta-8 products, it’s always best to err on the side of caution and leave your products at home. However, if it’s imperative that you travel with them, here’s everything you should consider.
TSA Regulations
The Transportation Security Administration (TSA) is a US government agency responsible for upholding the security and safety of transportation systems, particularly air travel. Before boarding any flight in the United States, all passengers need to go through TSA checks.
Since TSA’s main priority is to keep travelers safe, actively searching for drugs is the least of their concerns. However, TSA regulation2 currently states: marijuana products containing more than 0.3% THC on a dry weight basis are not allowed on flights. If you’re caught, by chance, during one of their standard screening procedures, the TSA will endorse you to a law enforcement officer.
The rule is enforced regardless of what state you’re traveling to and from.
Delta 8 TSA restrictions for products derived from hemp with less than 0.3% THC are unheard of. However, while most Delta-8 products are derived from hemp rather than marijuana, this distinction might not always guarantee a trouble-free experience at airport security checks. It is ultimately up to the TSA agent’s discretion to decide what steps to take next.
🖊️ Note
It’s important to separate the definition of “hemp” from “marijuana,” as the former is federally legal while the latter is still illegal. Hemp-based products have less than 0.3% Delta 9 THC per dry weight basis, while marijuana-derived products contain more than 0.3% THC.
If you choose to take hemp-derived Delta-8 with you on your travels, stick to products with less than 0.3% THC to adhere to the regulations.
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State Laws
Although hemp-based products are legal at a federal level, some states have specifically banned Delta-8 products.3 These include:
- Alaska
- Arizona
- Arkansas
- Colorado
- California
- Delaware
- Hawaii (by administrative rule)
- Idaho
- Iowa
- Mississippi
- Montana
- North Dakota
- Rhode Island
- Washington
Some of these states already have active recreational marijuana programs in place but have opted to ban Delta-8 products because they are more difficult to regulate than marijuana. Other states have banned Delta-8 as part of strict cannabis restrictions overall.
If you’re flying to or from a state that has banned Delta-8 products, you may not be able to take them on the plane. However, if Delta-8 is legal in the state you’re traveling from and to, taking Delta-8 products with you is not a problem.
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Medical Products
If you have a medical marijuana card, you may be able to take larger volumes of cannabis on the plane than a casual user. However, most Delta-8 products are not medically prescribed.
If you are traveling with Delta 8 or any other cannabis products and you have a medical marijuana card, make sure to keep that medical card and any prescriptions or doctor’s notes readily at hand for inspection.
Airline Regulations
It’s important to note that some airlines have banned all marijuana products on board, regardless of the legality of marijuana at your destination. For example, American Airlines4 regulations clearly state that you cannot bring any marijuana on their flights, even for medical purposes.
Although Delta-8 is usually derived from hemp and not marijuana, your airline might still confiscate it in this case, as not everyone is aware of the delineation between hemp and marijuana. Be sure to check in with your airline before bringing any marijuana products on the plane.
Here’s a list of airlines operating in the US and their stance on flying with Delta 8 products:
| Airline | Rules on Flying with Cannabis Products |
| American Airlines | Flying with recreational and/or medical marijuana is not allowed on American Airlines flights. |
| Alaska Airlines | Electronic smoking devices should be in safety mode to avoid potential ignition and should only be inside a carry-on. Marijuana and related products are not allowed as a carry-on or checked-in baggage. |
| Allegiant Air | Recreational and/or medical marijuana can’t be brought inside any of the carry-ons or checked-in luggage. |
| Avelo Airlines | As a relatively new airline, Avelo does not have a publicly available policy about cannabis products. However, as an operating airline in the US, Avelo Airlines complies with federal laws and the policies set by the TSA. |
| Breeze Airways | In addition to the restricted items on the TSA list, Breeze Airways also prohibits marijuana products, including medical. |
| Delta Air Lines | Battery-powered smoking devices for personal use can be brought as carry-on items but marijuana items are still prohibited. |
| Eastern Airlines | Airline rules on controlled substances rely on TSA’s current policies. |
| Frontier Airlines | Marijuana items, including CBD oil, are banned except for products with less than 0.3% THC per dry weight basis or are approved by the FDA. |
| Hawaiian Airlines | Electronic smoking devices that operate on lithium batteries are prohibited. Although Delta 8 wasn’t specifically prohibited in aircraft, Hawaiian Airlines like other airlines in the US, follows the federal rules on flying with marijuana products. |
| JetBlue | The airline prohibits the following items on checked bags: – Spillable batteries – Active electronic smoking devices JetBlue’s policy on cannabis products is hinged on TSA’s rules on controlled substances. |
| New Pacific Airlines | There has been no mention of specific controlled substances but acceptable baggage will fall under TSA’s rules and regulations. |
| Southwest Airlines | The airline has no specific policy on cannabis but follows TSA’s guidelines on acceptable items to carry and check-in. |
| Spirit Airlines | A large amount of vaping devices must be checked inLithium-operated devices are not allowedControlled substances fall under TSA’s rules |
| United Airlines | The airline has similar policies regarding the transportation of marijuana and cannabis-derived products to American Airlines. |
International Flights
While many countries have legalized cannabis products in some form, others still have strict anti-cannabis restrictions. Before heading off on an international trip, be sure to check the local cannabis laws of that country.
In general, it’s best to leave your Delta-8 products at home when traveling internationally, even if it’s legal in the country you’re traveling to. This is because you’ll have to go through customs when entering your destination country. Many countries will not allow cannabis products through customs due to international trade restrictions.
If you’re caught traveling with Delta 8 into a country where it is illegal, you could face harsh financial or even legal consequences.
How to Fly with Delta 8
If you’re planning to travel with Delta-8, be aware of the airline’s protocols and state regulations. Also, regardless of what type of product you’re taking, be discreet about it. Avoid using it in the airport or on the aircraft. As mentioned above, it’s best to stick to products with less than 0.3% THC to adhere to TSA’s current guidelines.
If you want to erase the general anxiety of traveling with a cannabis product on-air, consider purchasing alternatives once you reach your destination. Many states sell variants of Delta-8 products, and you might be able to find something similar to yours.
Use the infographic below as the checklist for the things you need to consider before and during your onboarding.
For those flying with Delta 8, here are precautions to take for some of the most popular products.
Carts and Vapes
So, can you fly with a Delta 8 vape? The answer is—it varies. TSA has strict safety regulations for vapes in general, but it is possible to take them on the plane with some careful planning.
When flying with Delta 8 vapes, listen closely to TSA agents in the airport and comply thoroughly with all their instructions. Here are some of the rules to observe:
- Vape pens must always be carried in a carry-on bag5 and cannot go through checked luggage.
- If you are taking any spare lithium batteries with you, those also need to be stored in your carry-on.
- Your airline’s baggage agents will likely remind you to take any lithium batteries out of your bag before checking it to be safe.
- When traveling with carts, you’ll be responsible for preventing them from activating mid-flight. This means you may need to disassemble your vape, remove the battery, or use a protective case while on board.
Gummies
Since the TSA allows you to bring food on board, you can store Delta-8 gummies in your checked bag or carry-on. Keep them in the original packaging and make sure they’re clearly labeled with less than 0.3% THC so it is clear your gummies are compliant with federal law.
If you travel with gummies, it’s important to note that some airports use TSA security dogs.6 While these dogs are trained to detect explosives, they might also sniff out your Delta-8 gummies. If you’re flying with Delta 8 gummies, be prepared for the possibility that they could be confiscated.
In states where cannabis is legal, TSA will likely just throw the products away without any legal action. However, if you’re in a state where cannabis or Delta-8 products are illegal, you may be subject to local law enforcement.
Tinctures
If you’re flying with Delta-8 tinctures, adhering to TSA’s liquid regulations7 is vital. If you’re taking the tincture in your carry-on, it must be in a container less than 100 mL, or 3.4 ounces.
Containers must be sealed and kept in a small plastic bag. You can bring a larger size if you take the tincture in a carry-on bag. However, keeping the tincture in a plastic bag is important to prevent it from spilling on the rest of your luggage.
Similar to Delta-8 gummies, it’s crucial to anticipate the possibility of your tincture being taken at security checkpoints. Confiscation is ultimately up to the discretion of the TSA agent. Because of this, it’s best to avoid flying with tinctures.
Flower
Delta-8 flower has emerged as a favored substitute for traditional marijuana smoking. While it might be legally permissible at your destination, you might want to avoid bringing it on a plane.
The difficulty in distinguishing hemp from marijuana based solely on looks means your flower could easily be confiscated, leading to potential delays in your travel.
Experience The Hemp Doctor Difference
Since Delta-8 products are so similar to traditional Delta-9 marijuana products,8 it’s no surprise that many people enjoy taking them and want to travel with them. And while navigating the complexities of traveling with Delta-8 can seem challenging, it doesn’t have to be.
With a clear understanding of federal and state regulations and specific airline policies, you can make informed decisions about incorporating Delta-8 into your travel plans. Also, sourcing your products from legally-compliant brands like The Hemp Doctor, helps a ton!
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Disclaimer
The available information in this blog should not be construed as legal advice. While we strive to offer accurate and up-to-date research, all information, content, and materials on this page are for general informational purposes only. Consult with a legal professional for specific legal advice about Delta 8 products and the intricacies of flying with them.
What states can you fly with Delta-8?
Most states allow the entry of Delta 8 products with less than 0.3% THC, but states like Alaska, Arizona, Arkansas, Colorado, California, Delaware, Hawaii, Idaho, Iowa, Mississippi, Montana, North Dakota, Rhode Island, and Washington have banned it.
Can you fly with Delta-8 in Southwest Airlines?
Southwest Airlines doesn’t have a specific policy about flying with Delta 8 products. Like most airlines, Southwest follows the guidelines on controlled substances by the TSA. Passengers of the airline should contact the airline before the onboarding to secure their passage with Delta 8.
Is it legal to fly with Delta-9?
Yes as long as the product has less than 0.3% Delta 9 THC on a dry weight basis. Any product above the 0.3% THC limit is deemed a marijuana product and is therefore illegal at the federal level.
Can you take Delta 9 gummies on a plane?
It’s highly discouraged to fly Delta 9 gummies with more than 0.3% THC, and if discovered during the screening process, TSA agents might refer you to the enforcement authorities.
Can you bring Delta 8 on a bus or train?
The rules about bringing Delta 8 products on public transportation like buses and trains depend on several factors, like local laws and transportation company policies. However, in general, most bus and train companies have strict rules against carrying cannabis or cannabis-derived products, even if the destination has long legalized it.
Can you fly with HHC?
HHC is a synthetic cannabinoid with effects comparable to THC. While federal laws don’t explicitly consider HHC as a controlled substance, it’s not advisable to travel with HHC products as its legal uncertainty and risks are greater than its benefits.
Sources:
1Abernethy, Amy. “Hemp Production and the 2018 Farm Bill.” U.S. Food and Drug Administration, 25 July 2019, www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019.
2“Medical Marijuana | Transportation Security Administration.” www.tsa.gov, n.d., www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana.
3Kaufman, Anna. “Is Delta-8 THC Legal? Here’s Where (and Why) the Hemp Product Skirts Marijuana Laws.” USA TODAY, 29 Apr. 2023, www.usatoday.com/story/news/health/2023/04/29/is-delta-8-legal/11530893002/.
4“Restricted Items.” American Airlines, American Airlines, n.d, www.aa.com/i18n/travel-info/baggage/restricted-items.jsp.
5“PackSafe – Electronic Cigarettes, Vaping Devices | Federal Aviation Administration.” Faa.gov, 22 Feb. 2023, www.faa.gov/hazmat/packsafe/e-cigarettes-vaping.
6“TSA Canines Enhancing Security at John F. Kennedy International Airport | Transportation Security Administration.” Www.tsa.gov, 20 Sept. 2023, www.tsa.gov/news/press/releases/2023/09/20/tsa-canines-enhancing-security-john-f-kennedy-international-airport.
7“Liquids Rule.” Transportation Security Administration, 16 Dec. 2014, www.tsa.gov/travel/security-screening/liquids-rule.8Kruger, Jessica S., and Daniel J. Kruger. “Delta-8-THC: Delta-9-THC’s Nicer Younger Sibling?” Journal of Cannabis Research, vol. 4, no. 1, 4 Jan. 2022, https://doi.org/10.1186/s42238-021-00115-8.
