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April 27, 2023

Can You Fly with Delta 8?

Estimated Read Time: 13 min

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By Valerie Orta on April 27, 2023

Learn what to know about the legality of flying with delta 8 products and get tips for a hassle-free travel experience.

Welcome, fellow hemp enthusiasts! If you're reading this, you're likely curious about delta 8 THC and whether you can bring it on a flight.

In recent years, the landscape of hemp laws and regulations has shifted dramatically, making it easier for many of us to enjoy various cannabinoid products legally. However, it's important to note that the legality of delta 8 THC and its products can still vary depending on your location and the type of product you have. Plus, TSA operates under federal regulations.

So, what if you want to travel with it, specifically by plane? Can you fly with delta 8?

Here are some key points to keep in mind:

  • Delta 8 is a type of THC that has become increasingly popular for feeling relaxed.
  • In most states, purchasing and possessing delta 8 and its products is legal.
  • However, delta 8 is restricted in some states, so it's essential to check local laws before traveling with it.
  • There is a risk in flying with delta 8. Despite being federally legal, TSA agents who come across it may not fully understand the legal complexities.
  • If you plan to fly with delta 8, you'll need to know the specific rules and regulations set by your airline and the TSA.

With that in mind, let's dive into the specifics of flying with delta 8 THC.

What is Delta 8?

If you're new to the world of THC, you may not have heard of delta 8 yet. It's a type of THC similar to delta 9 in many ways but with a few key differences.

Delta 8 is an analog of delta 9, which means it has a similar chemical structure and produces similar effects. However, delta 8 is known for being more subtle and relaxing than delta 9, making it an excellent option for those who want to experience the benefits of THC but at a lower intensity.

Also known as delta-8-tetrahydrocannabinol, delta 8 is one of the many cannabinoids found in hemp plants but is not typically present in high amounts. This is why many manufacturers choose to convert it from hemp-derived CBD instead.

Despite being less well-known than delta 9, delta 8 has been gaining popularity in recent years, especially among people new to THC and wanting to try something milder. Many people consider delta 8 to be the best introduction to uplifting cannabinoids.

Delta 8 is less popular than delta 9 but has gained some serious ground over the past few years. It has grown in popularity and demand, especially among those transitioning into uplifting cannabinoids. Delta 8 offers the best introduction to uplifting cannabinoids.

Is Delta 8 Legal?

Delta 8 is a relatively new cannabinoid, so you might wonder about its legality. The short answer is yes. But it's also complicated. Delta 8's legal status can vary depending on where you live and how it's produced.

Delta 8 is federally legal in the US thanks to the 2018 Farm Bill. If the delta 8 product is hemp-derived and contains less than 0.3% delta 9 THC by dry weight, it is legal at the federal level.

However, at the state level, the legalities of delta 8 vary depending on your locality. Some states have banned delta 8 specifically or have set restrictions on the amount of THC that can be present in hemp-derived products, while others have a more friendly approach.

What the 2018 Farm Bill Says About Delta 8

The 2018 Farm Bill stipulates that hemp products, including the plant's cannabinoids and other extracts and derivatives, are legal if they contain no more than 0.3% of delta 9 THC. According to the same legislation, delta 8 is not a controlled substance. Instead, it is a legal hemp product. Remember that although delta 8 is legal on a federal level, the laws at the state level can vary.

Is Delta 8 Allowed in Airports?

When it comes to airports, you may be concerned about getting delta 8 through security. Technically, you are legally allowed through TSA security with delta 8 products. But there are some restrictions and risks to keep in mind:

  • According to TSA rules, only delta 8 products with less than 0.3% delta 9 THC can be allowed in both the departure and destination states.
  • Even though the TSA allows hemp-derived products, you run the risk of an agent not fully understanding the differences between hemp and marijuana products.
  • You should be able to use delta 8 at the airport but follow any airport-specific regulations. For example, using delta 8 vapes or smoking delta 8 flower is likely prohibited.

Can You Fly with Delta 8?

If you're wondering whether you can fly with delta 8, the answer is typically yes, as long as you're traveling to an area where delta 8 is legal and the airline you choose doesn't prohibit delta 8 products.

While planning your trip, you should check with your local regulations and airlines to determine whether you should add your delta 8 to your packing list. This is not just for delta 8 but for other products like vape batteries as well. Some airlines may prohibit traveling with any cannabis products, even if they're made from hemp.

Also, be mindful of the regulations in your destination, as they may differ from where you're departing from.

Flying With Delta 8 Locally

While the 2018 Farm Bill made delta 8 federally legal, it doesn't provide clear guidelines on flying with delta 8. The Transportation Security Authority (TSA) doesn't specifically mention delta 8 in its rules, but they add that they aren't specifically looking for any THC products:

"TSA's screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs…."

Simply put, the TSA doesn't look for your delta 8 or any other hemp products in your luggage. But that's not to say carrying them with you is a good idea.

TSA Regulations on Delta 8

In 2019, the Transportation Security Administration (TSA) updated its rules in response to the 2018 Farm Bill. Previously, all cannabis products were banned on flights. However, a new rule now makes an exception for hemp products that contain no more than 0.3 percent THC on a dry weight basis or those approved by the FDA.

The new TSA provision also references the Agricultural Improvement Act of 2018 for further clarification. The act specifies that hemp products, including isomers, cannabinoids, and other extracts with less than 0.3% delta 9 THC in composition, are federally legal. The law also removed all THCs from hemp from the Controlled Substances Act.

To put it simply, delta 8 is a legal hemp product and not a controlled substance. This means nothing specifically prevents you from carrying delta 8 on a plane. However, you may be questioned if your delta 8 products are flagged as marijuana-derived products by mistake.

However, you will still be interrogated if your delta 8 products are flagged as marijuana products by mistake.

As good practice, you should carry documentation of your purchase and any relevant test results to prove that your delta 8 is a legal hemp product. The worst that can happen is having your products confiscated. But you're unlikely to face any prosecution or arrest.

For this reason, you should only buy delta 8 products from reputable and trustworthy sources to ensure you are carrying delta 8 products that have the legally allowed amount of delta to avoid getting yourself in a sticky situation at the airport.

In summary, the TSA regulations on delta 8 are as follows:

  • Delta 8 is a legal hemp product and not a controlled substance.
  • You can carry delta 8 on a plane as long as it contains less than 0.3% delta 9 THC on a dry weight basis.
  • Carry documentation of your purchase and relevant test results to prove that your delta 8 is a legal hemp product.
  • Purchase products from reputable and trustworthy sources to ensure they contain the legally allowed amount of delta 8.

Check Delta-8 State Laws Before You Fly

Even if it's legal to carry your delta 8 products on the plane, you must also check whether delta 8 is permitted to carry off the plane. Again, this will depend on the state you're traveling to. It might not cause any issues with the TSA, but you might have an unpleasant experience with local law enforcement.

Delta 8 is federally legal, but states can create laws on delta 8 and other cannabis products. Delta 8 is legal in many states in the US, but currently, it's banned or restricted in at least 20 states.

If you're traveling to these states, it's best to avoid bringing your delta 8 products with you.

Flying Internationally with Delta 8

Taking delta 8 on a local flight can, in some cases, be okay. But flying with it internationally is a different story.

Most countries consider all cannabis an illegal substance, even hemp products.

Some countries have harsh penalties and jail time for possession. Unlike the US, most countries don't make an exception for hemp-derived products. Some have no laws regarding hemp-derived products meaning your delta 8 is treated the same way as conventional THC. That makes taking delta 8 to such countries risky and dangerous.

Even if you're traveling to a country where hemp is legal, purchasing your products there after you arrive is better. It saves you the trouble of encountering customs or local law enforcement issues.

Storing Delta 8 on Your Flight

If you plan to travel with your delta 8 products, storing them properly ensures they are protected and meet TSA and airline guidelines. Depending on the type of delta 8 product you have, you may be able to take it in your carry-on or checked luggage, but there are specific guidelines you should follow.

Here are some recommendations for carrying different types of delta 8 products:

  • Gummies – Delta 8 gummies are one of the easiest delta 8 products to carry on a plane. You should leave them in their original packaging and carry them in your carry-on or checked luggage. However, it's always a good idea to check with your airline to ensure you can bring delta 8 edibles on the plane.
  • Oils – If you carry products in liquid form, such as delta 8 oils, hey have to follow the same rules as other liquids. The TSA allows you to take only one quart-sized bag filled with containers that hold 100ml or less of fluid in your carry-on or personal bag. Other liquids, including delta 8 tinctures, should be packed in your checked luggage.
  • Vapes – Most airlines allow you to bring battery-powered smoking devices as carry-on items. If you bring your delta 8 vape, pack it in your carry-on or personal bag, not your checked luggage. You should only pack the amount necessary for personal use and follow the airline's rules for carrying liquids on board. Remember that using delta 8 vape pens on the plane is strictly prohibited.
  • Flower – It's the riskiest traveling with delta 8 flower because it smells very much like marijuana flower. TSA agents who come across products like delta 8 pre-rolls are more likely to get confused about their legality. It's best to leave these products at home.

Tips for Flying with Delta 8

After checking with your airline and verifying local regulations, you will need a few tips to make your experience traveling with delta 8 easier.

Don’t repackage

Leave your delta 8 products in their sealed packaging if possible. Repackaging them can cause delays as TSA officials determine what they are. Keeping the original product labels can help TSA and local law enforcement identify the product if necessary.

Carry documentation

When traveling with delta 8, make a point of carrying receipts and any applicable test results. Some reputable delta 8 brands will provide documentation explaining the laws related to hemp products. These documents can be handy if your products are flagged and you need to prove their legality.

Pack carefully

When packing delta 8 products, following your airline's guidelines is important. For example, open oils should be sealed with tape to prevent leaking. If you're packing extra oils, place them inside a plastic, leak-proof bag before putting them in your checked bag to avoid damaging other items in the luggage.

Purchase authentic delta 8 products only

Buying delta 8 products from reputable and trustworthy brands that make their products according to federal standards for legal hemp products is crucial. This will help ensure that your products have the legally allowed amount of delta 8 and won't cause any issues at the airport.

Plan past the flight

After getting familiar with TSA delta 8 regulations, plan and research further to determine how easily you can travel with delta 8 to your destination. Some states have different laws and regulations regarding hemp and delta 8 products, so it's important to be informed before you travel.

Benefits of Delta 8?

Delta 8 is a popular product that people choose to travel with for various reasons. Besides its noticeably uplifting effects, delta 8 is also believed to have natural health and wellness benefits that can help you feel and function better. While scientific studies are still ongoing, anecdotal user reports suggest that there may be some truth to these benefits.

Calming and relaxation

Delta 8 is known for its calming and relaxing effects, making it an excellent choice for unwinding after a busy day. These effects are ideal for people who experience stress and want to take the edge off and relax.

Sleep support

Delta 8 may create the ideal conditions for deeper and longer sleep. By delivering a sense of relaxation, it can help quiet busy thoughts and soothe tension, allowing you to feel calmer and more easily fall asleep. Delta 8 is one of the hemp cannabinoids most used for better sleep.

Discomfort support

Cannabinoids have been associated with body-soothing properties from their traditional times. Many people report feeling a sense of natural relief after using delta 8. The cannabinoid may help release tension in the body and soothe soreness and aches.

Appetite support

Delta 8 may also encourage a healthier appetite, similar to delta 9 THC. Users have reported they enjoy the practice of eating.

It's important to note that everyone's experience with delta 8 and other cannabinoids may vary. The effects of one person may not be the same for others. However, we have highlighted some of the most commonly reported benefits by delta 8 users.

Before You Go

Traveling with delta 8 is possible, but it requires careful consideration and adherence to regulations set out by airlines, TSA, and local authorities. Whether you're seeking the potential benefits of delta 8 or simply want to enjoy its subtle uplifting effects while on the go, following the guidelines outlined in this article can help ensure a smooth travel experience.

Do your research and plan to avoid any potential issues, and always purchase your delta 8 products from reputable sources that adhere to federal standards for legal hemp products.

Learn more about the cannabinoid, including guidance on how much delta 8 to take and how long delta 8 stays in your system, through the Koi blog.

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