Can You Bring Delta 8 On a Plane and Is It Legal?

December 17, 2023

Can you bring Delta 8 on a plane and is it legal? Something you might be wondering if you are planning a relaxing vacation getaway. 

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For starters, Delta 8 THC is legal by federal law so no worries there. However, restrictions may vary by airline and whether or not you are flying locally or internationally. 

So whether you are considering taking Delta 8 to ease the pre-flight jitters, or just want to feel completely relaxed on your vacay, knowing the legalities and travel details is important. 

You want to be able to breeze through airport security, and not miss your flight. 

Now, let’s break it all down and get you on your way!

Please Note: I am not a legal expert. Therefore, this article is not intended to provide legal advice. While the information provided has been thoroughly researched, it is also subject to change. It's also a good idea to verify the legalities presented below to ensure it is up-to-date.

The short answer is yes. You can legally take Delta 8 on the plane with you, most of the time.  

Flying with Delta 8 is typically not an issue since it is not considered a controlled substance under federal law. 

However, if you’re planning a trip that includes flying with Delta-8, it’s important to check the current legal laws surrounding it. This includes your departure location and your destination country or state. 

Just to be sure you don’t run into any issues. 

Check to see if Delta 8 is legal in your departure or destination state >>

Additionally, airlines may have their own individual policies regarding cannabis-related products. Delta-8 THC included. 

Even those that are not related to cannabis. Such as batteries, aerosols, or anything in liquid form.  

In this ever-changing world, laws and regulations are always subject to change. So what may be legal today may not be tomorrow and vice versa. Which is why doing your research in your trip planning stage, is essential.

Be sure to check for the following:

  • Current legal status of Delta-8 THC
  • Specific rules for the airline you plan to fly with for up-to-date information 
  • TSA’s cannabis regulations 

Flying with Delta 8 Locally in the U.S.

Delta-8 THC falls into a legal gray area, and its status can vary from state to state.

Consider the following:

Airline Policies
Check with the airline you plan on flying with as airline policies may vary.

Local State Laws
The legality of Delta-8 products can vary widely in the United States. Some states have completely legalized it, while others have banned it or have high restrictions. Hence, checking the laws in your departure and destination state is important.

Currently, 17 states have banned Delta-8 while 7 others have severely restricted it. 

Federal Laws
Since Delta-8 is derived from hemp (not marijuana), it is legal under federal law. It was legalized under the Farm Bill in 2018. 

TSA Guidelines
The Transportation Security Administration (TSA) primarily focuses on security checks and potential threats. They do not specifically search for cannabis products intended for personal use. 

However, if they come across illegal substances, they will confiscate them and turn them over to local authorities. This includes Delta-8 if it exceeds “0.3 percent THC on a dry weight basis.” (per TSA’s updated 2019 rules)

Bottom Line…

TSA security officers are not on the hunt for cannabis-infused products. They work to detect potential threats and tighten airport security. 

But if you are found in possession of illegal drugs during TSA’s screening procedures, expect interrogation. Even if accidentally flagged as Delta-9 THC. 

Worst case scenario, your products will be confiscated but you will not be prosecuted.

Authentication of Your Delta-8 Product

If you plan on flying with Delta-8, be sure it comes from an authentic source so you know it’s 100% a legit hemp product. Purchasing from a reputable source will make a big difference in justification of your product. 

Still, TSA’s policy may change again so be sure to check their current guidelines before traveling.

How to Pack and Store Delta-8 While Flying

If you are planning to travel with Delta-8 THC, it’s important to store it securely in compliance with TSA guidelines. As well as the airline you are flying with. 

Tips for Storing Delta-8 on a Flight

Use Sealed Containers
Store Delta-8 THC products in sealed, airtight containers to prevent any odors from escaping. This can help minimize the risk of detection. Even better if you leave them in their original packaging and refrain from using them on your flight.

Consider double-bagging your Delta-8 products. Place the sealed container inside a resealable plastic bag to provide an extra layer of protection against leaks or spills.

Separate from Other Items
Keep your Delta-8 products separate from other items in your luggage. This can help prevent any potential contamination and make it easier for TSA agents to inspect if necessary.

Pack in Carry-On
If possible, consider packing your Delta-8 products in your carry-on bag rather than a check-in bag. This lets you keep a closer eye on your belongings and reduces the risk of mishandling by baggage handlers.

Check with your airline for specific storage guidelines to ensure full compliance.

If your Delta-8 THC products are in their original packaging, ensure that the labels are clear and accurate. This can help avoid misunderstandings if your luggage is inspected.

Storage Tips for Common Delta-8 Items 

Traveling with Delta-8 gummies on a plane is among the easiest ways to fly with Delta-8. Legally. 

If you’re taking snacks, fresh fruit, or other food items onboard, you can simply add your TCH gummies to the stash!

The same liquid TSA regulations apply to Delta-8 tinctures or other liquid hemp items if you pack them in your carry-on. 

Per TSA guidelines, liquids packed to go on board must meet the 3-1-1 liquids rule. This means 3.4 ounces or less per bottle using a clear, quart-sized bag that zips. 

Vaporizers (Vapes)
If you’re traveling with Delta-8 vape cartridges, they must be packed with your carry-on items. This is per TSA regulations for vaping products in general.  

Pack only the necessary amount and check your airline’s packing guidelines beforehand. For example, Delta Air Lines suggests carrying your vape in a leak-proof container to prevent on-flight leakage. 

They also do not allow vaping during the flight. This goes for American Airlines, Allegiant, and all other airlines as well. Including international. 

Airline rules prohibit vaping during air travel. Which means it’s illegal to vape on a plane. Including electronic nicotine delivery systems (ENDS) such as e-cigarettes, e-hookahs, e-pipes, and e-cigars.

In fact, on a recent American Airlines flight, before taking off, the flight attendant repeatedly stressed “No vaping during the flight.” 

She proceeded to stress it in several different ways. So it’s something they obviously will not tolerate.

Carry Certificates of Analysis
To make it easier to get through TSA, be sure to obtain a Certificate of Analysis (CoA) for your Delta-8 hemp-derived products. The CoA is provided by the manufacturer of the product and breaks down the substances it contains.

Additionally, the CoA helps to ensure the item you are carrying meets quality, safety, and compliance standards. 

It also proves you are not carrying illegal substances. At the same time, covering your butt from getting into trouble with local law enforcement. 

Which is why having documentation of your purchase is essential. Including a CoA and relevant lab report that verifies your hemp-derived product. 

Opt for CBD 
If flying with Delta-8 concerns you, you can always opt for CBD Oil for a less intense, soothing effect. It’s also legal both nationally and internationally. 

CBD products work just as well but with a lesser risk for travel. They even have them for your animal companion!

What the 2018 Farm Bill States About Hemp Products

The Agricultural Improvement Act of 2018 is commonly known as the 2018 Farm Bill. It had a significant impact on the legal status of hemp and hemp-derived products in the United States. 

Several Key Changes to the New Rule

Removal of Hemp from Schedule I Controlled Substances: The bill removed hemp from the list of controlled substances under federal law. This In turn made it legal at the federal level.

Legalization of Hemp Cultivation: The 2018 Farm Bill approved the cultivation and production of hemp as an agricultural commodity. Additionally, it authorized the growth of hemp for research purposes and production plans. 

Hemp Products: The legislation made it clear that hemp-derived products are not controlled substances if they meet the definition of hemp. This includes cannabinoids like CBD (cannabidiol). 

As a result, it opened the door for the legal production and sale of a wide range of hemp-derived products.

The 2018 Farm Bill defines hemp as Cannabis sativa L. and “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,” with no more than a 0.3 percent concentration of THC. – Food and Drug Law Institute 

Regulation by USDA: The U.S. Department of Agriculture (USDA) was given the authority by the federal government to regulate the cultivation of hemp. 

Additionally, individual states have the authority to regulate hemp within state lines under their own laws.

This is why hemp-related regulations may vary at the state level. So it’s important to check state laws beforehand so you don’t run into any legal issues.

Legalities of Delta-8 on International Flights

The legality of carrying Delta-8 THC on an international flight depends on the laws of the departure and arrival countries. 

Considering its psychoactive ingredient, regulations regarding cannabis and its derivatives vary widely across different countries.

International Travel Considerations

Federal Laws of the Country of Departure: If you are departing from a country where Delta-8 THC is illegal or strictly regulated, carrying it on an international flight may be a violation of that country’s laws.

Federal Laws of the Country of Arrival: Similarly, the laws of the country you are flying to must be considered. If Delta-8 THC is illegal or controlled in the destination country, possession of it may result in legal consequences.

Transit Countries: If your flight includes layovers or connections in other countries, you need to be aware of that country’s laws. Carrying Delta-8 through countries with strict policies may lead to legal issues.

Airline Policies: As stated previously, airlines have their own policies regarding the transportation of certain substances. This includes cannabis derivatives. Even if the departure and arrival countries allow Delta-8, some airline policies may not. 

Keep in mind that laws and regulations can change, so it’s crucial to stay informed and be aware of any updates or amendments to the rules governing the transportation of such substances.

FAQs About Traveling with Delta-8 

What is Delta-8 Used For?  

Delta-8 THC has gained popularity in recent years for its potential therapeutic effects. And while there are no healing guarantees, many have experienced symptomatic relief with its use.

Some Common Uses Include:

  • Pain Relief 
  • Relaxation and Stress Relief
  • Appetite Stimulation
  • Relieving Nausea and Vomiting
  • Reducing brain inflammation and cell damage

The use of Delta-8 is more of a treatment for relief. Not to be confused with a wellness supplement.

What is the difference between CBD and delta-8?

CBD (cannabidiol) and delta-8 (delta-8 tetrahydrocannabinol) are both cannabinoids found in the cannabis plant. However, they differ in their chemical structures and effects. 

CBD is a non-psychoactive compound known for its potential therapeutic benefits. These include anti-anxiety and anti-inflammatory properties. Additionally, it doesn’t produce the typical “high” associated with THC and is considered a legal hemp product. 

On the other hand, Delta-8 is a psychoactive cannabinoid. Generally considered to induce a milder and clearer-headed high. 

Both are available in various forms, including oils and edibles such as gummies. Delta-8 can also be used in a vape pen or vape device type of product. 

Furthermore, both fall under different laws from federal standards to local laws and regulations. 

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Sandra Campillo

Sandra Campillo is an eco, vegan lifestyle and travel blogger and entrepreneur. Join Sandra and her community of readers on to learn how to live a healthier, more sustainable, and compassionate way of life.

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