Can You Fly with Delta 8?
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Can You Fly with Delta 8?

by Diana Gonzalez on Nov 26, 2022

With the recent passage of the 2018 Farm Bill, hemp products like delta 8 are federally legal and sold in many states. Nevertheless, when it comes to flying with delta 8 THC products, it's not as simple as packing them in your bag and boarding a flight. Whether you can fly with delta 8 or not depends on numerous factors. And if you're not cautious, you could end up in serious legal trouble.

Let's go over what you need to know about traveling with a hemp product like delta 8 THC so you can travel safely.

Key Takeaways:

  • Flying with delta 8 THC products is complicated, but most states allow it.

  • Research both your departing state laws and the local laws in the state you're traveling to before packing delta 8 THC products in your bag.

  • Be prepared to explain your delta 8 THC product and provide documentation to help local law enforcement identify it.

Flying Locally with Hemp-Derived Products

Federal law specifies that hemp products like delta 8 THC, hemp-derived CBD, and other extracts with less than 0.3% THC are legal at a federal level. However, some states have their own laws governing the sale and use of these products. For example, in Alaska and Colorado, delta 8 is banned. That means that you cannot fly in or out of either of these states with it. 

On the other hand, if your destination state and the state you're leaving allow delta 8 THC products, you can fly with delta 8 as long as you follow all airline and TSA guidelines. The TSA has strict rules about what types of cannabis products you can bring on a plane, and delta 8 THC may fall into this category if you're somewhere where it's prohibited.

The Risks of Crossing State Lines with Delta 8 THC 

Since delta 8 isn't legal in all states, you run the risk of getting into legal trouble if you fly with it. Furthermore, even if delta 8 is legal in your home state, it may not be in the one you're traveling to.

Cannabis products, regardless of their source, are still considered illegal substances by some states. If you're caught with it in a state where they're illegal, you could face serious legal consequences like criminal charges.

Following TSA Guidelines

Although TSA security officers won't be looking specifically for delta 8 THC products, if they find something you're not supposed to have, they may confiscate it. To avoid this, follow all TSA rules and policies when flying with delta 8 THC products. For example, if you have liquid products in your carry-on, bring one quart-sized bag filled with your delta 8 products to avoid trouble.

If you fail to follow the TSA's screening procedures and guidelines, they may be more inclined to search your bags. And if they find something, they are required to alert local law enforcement. Typically, they only try to detect potential threats, but they must follow certain rules regarding illicit drugs.

Following Airline Rules

In addition to following the TSA's cannabis regulations, familiarize yourself with your airline's policies and restrictions on delta 8 THC products. Some airlines may have stricter rules than the TSA, so check the airline's website before flying. Having plane tickets doesn't guarantee anything, and the airline has the right to deny you if you have delta 8 THC products violating their policy.

If you're flying with others, you may want to inform them you're carrying delta 8 THC products and explain the rules around flying with them. If you're unaware of the restrictions, contact the airline before your flight and ask them about their policies.

Is Delta 8 THC Legal for International Flights? 

When flying internationally with Delta 8 or another hemp product, you must follow your destination's local regulations and international laws. Keep in mind that while Delta 8 may be federally legal in the United States, other countries may not permit it. In many places, delta 8 is still considered a controlled substance and is thus illegal for consumption, possession, and sale. If you're caught with it, it may result in harsh penalties for marijuana possession.

Before flying with Delta 8 THC products on an international flight, always do your own research and make sure you're aware of all the laws and restrictions.

Hemp Products and Medical Cannabis Products

Although the 2018 Farm Bill federally legalized hemp products in America, the same cannot be said for other countries. Additionally, with medical cannabis and other illegal drugs, you should never attempt to fly internationally with these controlled substances.

Getting caught with any of these products in a country that hasn't legalized cannabis is dangerous and not worth the risk. Many people are incarcerated and deported every year for failing to comply with international laws.

Remember, federal and state laws here have no bearing overseas, and you could face serious penalties if authorities find illicit substances.

Checking Laws in Your Destination Country

Before traveling abroad, get in touch with your destination's customs office and ask if cannabis-infused products derived from hemp are allowed. You can also reach out to their local law enforcement if you have any questions about the legality of delta 8 THC products. 

In most cases, it's best to avoid flying internationally with cannabis products altogether. Instead, purchasing them in the country you're visiting may be a safer option, as it safeguards you from getting caught with an illegal substance or charged with cannabis possession.

Tips for Flying with Delta 8 Products

When traveling with delta 8 products, keep them in the packaging if you can. Having the sealed packaging will show that the product is something you can legally carry. In addition, having the product's lab test results can help prove that the delta 8 is compliant. Unfortunately, some companies don't properly test their products, and you could end up with a product that contains more than 0.3% THC, which would be illegal to fly with.

Consider flying with delta 8 products in carry-on luggage rather than checked luggage. This will give you added control and prevent them from being damaged or misplaced.

Delta 8 Vape Cartridges or Disposables 

Vapes and disposables are some of the most popular delta 8 THC products, but many people don't realize they can also be hazardous to fly with. Vape cartridges and disposables typically contain batteries and should never be placed in checked luggage. However, storing them in your carry-on or personal bag is generally allowed.

Avoid Using Vapes and Smoking on Planes

Most, if not all, airlines have policies prohibiting the use of vapes or other electronic nicotine delivery systems on board the aircraft. This includes delta 8 vaporizers, even if they don't contain nicotine. Using these devices while on your flight may result in a hefty fine, and if you tamper with a smoke detector, you will violate airline rules, and you might face jail time.

Delta 8 Gummies and Other Edibles 

Edibles are well-liked because they're one of the simplest ways to enjoy delta 8. However, this doesn't mean you shouldn't be cautious when traveling with them. Carry documentation that proves the delta 8 gummies were purchased from a licensed retailer. The TSA may also ask you to dispose of any edibles in your possession if they determine that they don't comply with their regulations.

Don't transfer edibles from their original packaging, as this could make them harder to identify.

Unlike vapes, you can store edibles in your checked baggage since they don't require batteries and aren't potentially flammable. But if possible, it's still best to keep them with your carry-on items for easy access so you can show proof of purchase if necessary.

Tinctures and Oils

Like the other hemp products mentioned above, delta 8 tinctures and oils should be kept in their original packaging when flying. In addition, the TSA only permits bottles holding 100mL or less of liquid. So if you're traveling with larger bottles, they must be placed in checked baggage.

You may also want to store the tinctures and oils in a leak-proof bag to avoid spills. This will prevent you from making a mess and make it easier to identify the product if a TSA agent inspects it.

Storing Delta 8 THC for Your Flight

Delta 8 products should always be stored in a secure container when flying. For example, a container with a secure lid or a sealable bag.

Choosing a discreet container that's unlikely to attract attention is also wise. This will help you avoid any unnecessary scrutiny from airport security. It will also keep your delta 8 products safe and protected during the flight. 

Carefully storing your delta 8 THC products when flying is the best way to ensure a smooth and incident-free journey. The last thing you want is for delta 8 THC to leak in your luggage or arouse suspicion while you're on the plane.

Is Traveling with Delta 8 THC Legal If You're Not Flying?

When it comes to driving with delta 8 and other hemp-derived products, the same rules apply as flying: make sure you're following all local laws and regulations and that the product is within the legal limits.

This also applies to other forms of transportation, including buses, trains, and boats. Remember, each company has its own policy and packing guidelines for these products, so check with them before taking your delta 8 THC on board.

Additionally, you should never drive while under the influence of delta 8 or any other cannabis products. Although it's a legal buzz, it still affects your ability to drive safely and can lead to legal trouble.

Dealing with Law Enforcement

Unfortunately, even if you follow all the rules and comply with local regulations, you may still encounter law enforcement. In this case, stay calm and be honest. Stating that your products are legal doesn't necessarily clarify that they are. So, if necessary, you should always be prepared to provide proof of purchase or a lab report from an accredited laboratory. 

A legal expert may need to be contacted if you run into trouble, so have their contact information ready if you have it. Doing your due diligence before you fly with delta 8 will help you avoid unnecessary problems.

Internationally, law enforcement may not be as familiar with Delta-8 THC. They may not understand the legality of it, so you should be prepared to defend your rights and answer their questions.

Conclusion: Can You Fly with Delta 8?

Flying with delta 8 THC products can be tricky with so many different laws and regulations. The best way to stay in compliance is to research and familiarize yourself with the local, state, and federal laws before you fly with delta 8. It's also essential to follow TSA's policies, even if your departure state and the state you're leaving permit delta 8 THC products.

Although the federal government considers delta 8 a legal hemp product because of the Agricultural Improvement Act of 2018, always check state laws before you fly locally. If possible, pack your products in your carry-on bag to avoid any misunderstandings.

For international travel, it's best to avoid flying or traveling with delta 8, especially if you're unsure of its legal status. If it's legal in your destination, you can always purchase the product from a local vendor when you get there. That way, you don't risk having your products confiscated or getting into legal trouble if cannabis isn't federally legal. 

At Burning Daily, we want you to stay safe during your travels and have a carefree and enjoyable trip. If you're looking to stock up on delta 8 before a big trip, check out our delta 8 products available online.