Can You Fly With Delta 8? Updated Guidelines & Rules

Thinking about bringing Delta-8 on your next flight? You’re not the only one. With the 2018 Farm Bill making these products federally legal, you might be wondering—can you fly with Delta 8? Navigating the complex regulations around cannabis during air travel can definitely feel like a challenge.
Whether you’re flying with Delta-8 or other cannabis products, being well-informed is key. To ensure a smooth and hassle-free journey, here are some important rules to remember when traveling with Delta 8!
Key Insights:

• Flying with marijuana is illegal, but hemp-derived products like Delta 8 (containing less than 0.3% THC) may be permitted at TSA’s discretion.
• The distinction between hemp and marijuana is not widely recognized, meaning TSA agents may not acknowledge that your Delta 8 product is legal, even if it meets federal guidelines.
• Product type matters when traveling with Delta-8 flower may pose a higher risk than edibles like Delta 8 gummies, which are more discreet.
• Regardless of TSA, airline, state, or international regulations, the safest approach is to avoid traveling with cannabis products. Instead, consider purchasing them legally at your destination if available.

Is It Legal to Fly with Delta 8?

While hemp-derived Delta-8 products are legal at the federal level, that doesn’t necessarily mean you can bring them on a plane.
In general, traveling with any cannabis products remains illegal. However, the legality of flying with hemp-based items like Delta-8 falls into a gray area and can depend on several factors.
To avoid any issues, it’s crucial to understand these factors before flying with Delta-8 THC. In the next sections of this blog, we’ll go over some of the most important ones to keep in mind.

Flying with Delta 8: Important Considerations

If you’re uncertain about flying with certain Delta-8 products, leaving them at home is safest. However, if you must travel with them, here’s what you need to keep in mind.

TSA Policies & Security Screening

The Transportation Security Administration (TSA) is a U.S. government agency focused on ensuring the safety and security of transportation systems, particularly air travel. All passengers must go through TSA screening before boarding a flight in the United States.
While TSA’s main priority is traveler safety, actively searching for drugs isn’t their primary concern. However, TSA regulations state that marijuana products containing more than 0.3% THC by dry weight are not allowed on flights. If you’re found with such products during standard screening, the TSA will refer you to law enforcement.
This rule applies no matter which states you’re traveling to or from.
Delta-8 products derived from hemp with less than 0.3% THC generally fall outside TSA restrictions. However, even though most Delta-8 products are hemp-derived, this distinction doesn’t always guarantee a smooth experience at airport security. Ultimately, the decision on how to handle the situation rests with the TSA agent.
If you plan to travel with hemp-derived Delta-8, make sure your products contain less than 0.3% THC to comply with TSA regulations.

Understanding State Laws for Delta 8 Travel

While hemp-based products are legal at the federal level, some states have specifically banned Delta-8 products. These states include:

• Alaska
• Arizona
• Arkansas
• Colorado
• California
• Delaware
• Hawaii (by administrative rule)
• Idaho
• Iowa
• Mississippi
• Montana
• North Dakota
• Rhode Island
• Washington

Some of these states have active recreational marijuana programs but have chosen to ban Delta-8 products due to the challenges in regulating them compared to marijuana. Others have banned Delta-8 as part of broader, stricter cannabis regulations.
If you’re traveling to or from a state where Delta-8 is banned, you may not be able to bring it on your flight. However, if Delta-8 is legal in both the state you’re departing from and the one you’re arriving in, bringing Delta-8 products with you should not be an issue.

Medical Use & Approved Products

If you have a medical marijuana card, you might be allowed to bring larger quantities of cannabis on a flight compared to a recreational user. However, most Delta-8 products are not medically prescribed.
If you’re traveling with Delta-8 or other cannabis products and have a medical marijuana card, make sure to keep your card, any prescriptions, and doctor’s notes easily accessible for inspection.

Airline-Specific Delta 8 Policies

It’s important to remember that some airlines have banned all marijuana products onboard, regardless of the legality of marijuana at your destination. For instance, American Airlines clearly states in its regulations that no marijuana is allowed on their flights, even for medical purposes.
Although Delta-8 is typically derived from hemp rather than marijuana, your airline may still confiscate it, as not everyone distinguishes between hemp and marijuana. Be sure to check with your airline before bringing any cannabis products on board.

Here’s a list of airlines operating in the US and their stance on flying with Delta 8 products:

International Travel Restrictions

While many countries have legalized cannabis in some form, others still enforce strict anti-cannabis laws. Before embarking on an international trip, it’s crucial to check the local cannabis regulations of your destination.
In general, it’s safest to leave your Delta-8 products at home when traveling abroad, even if it’s legal in the country you’re visiting. This is because you will need to go through customs upon arrival, and many countries prohibit cannabis products from entering due to international trade restrictions.
If you’re caught attempting to bring Delta-8 into a country where it’s illegal, you could face severe financial penalties or even legal consequences.

A Traveler’s Guide to Flying with Delta 8

If you’re planning to travel with Delta-8, make sure you’re aware of both the airline’s policies and state regulations. Regardless of the product you’re carrying, it’s important to be discreet. Avoid using it in the airport or onboard the aircraft. As mentioned earlier, sticking to products with less than 0.3% THC will help you comply with TSA’s current guidelines.
To reduce the stress of traveling with cannabis products, you might consider purchasing alternatives once you reach your destination. Many states sell Delta-8 products, and you could find something similar to what you brought with you.
For those flying with Delta-8, here are some precautions for popular products to keep in mind.

Bringing Delta 8 Carts & Vapes on a Flight

So, can you fly with a Delta-8 vape? The answer is—it depends. While TSA has strict safety regulations for vapes, it is possible to bring them on a plane with some careful planning.
When flying with Delta-8 vapes, pay close attention to TSA agents and follow all their instructions. Here are some key rules to keep in mind:

• Vape pens must be packed in your carry-on bag and cannot be placed in checked luggage.
• Any spare lithium batteries should also be stored in your carry-on.
• Airline baggage agents may remind you to remove any lithium batteries from your bag before checking it in for safety.
• If you’re traveling with vape carts, you’ll need to ensure they don’t activate during the flight. This might involve disassembling your vape, removing the battery, or using a protective case while on board.

Traveling with Delta 8 Gummies

Since the TSA allows food on board, you can bring Delta-8 gummies in either your checked bag or carry-on. Make sure to keep them in their original packaging and clearly labeled with less than 0.3% THC to ensure they comply with federal law.
If you’re traveling with gummies, keep in mind that some airports use TSA security dogs. While these dogs are primarily trained to detect explosives, they may also sniff out your Delta-8 gummies. Be prepared for the possibility that your gummies could be confiscated.
In states where cannabis is legal, TSA will likely just dispose of the products without taking legal action. However, in states where cannabis or Delta-8 is illegal, you could face local law enforcement.

Packing Delta 8 Tinctures for Air Travel

If you’re flying with Delta-8 tinctures, it’s essential to follow TSA’s liquid regulations. If you’re carrying the tincture in your carry-on, it must be in a container of 100 mL (3.4 ounces) or less.
The container should be sealed and placed in a small plastic bag. You can bring a larger size if it’s in your checked luggage, but using a plastic bag is important to prevent any spills onto your other belongings.
Like with Delta-8 gummies, it’s important to be prepared for the possibility that your tincture could be confiscated at security. The decision ultimately rests with the TSA agent, so it’s generally advisable to avoid flying with tinctures.

Flying with Delta 8 Flower: What to Know

Delta-8 flower has become a popular alternative to traditional marijuana smoking. While it may be legal at your destination, it’s best to avoid bringing it on a plane.
Since hemp and marijuana can be hard to distinguish by appearance alone, your flower could be confiscated, causing potential delays in your travel.

Why Choose Indacloud?

Given how similar Delta-8 products are to traditional Delta-9 marijuana products, it’s no surprise that many people enjoy using them and want to travel with them. While traveling with Delta-8 may seem complicated, it doesn’t have to be.
By understanding federal and state regulations, along with specific airline policies, you can make informed decisions about including Delta-8 in your travel plans. Also, sourcing your products from legally-compliant brands like Indacloud can make a big difference!

FAQs

Which States Allow You to Fly with Delta 8?

Most states permit the entry of Delta-8 products with less than 0.3% THC. However, states such as Alaska, Arizona, Arkansas, Colorado, California, Delaware, Hawaii, Idaho, Iowa, Mississippi, Montana, North Dakota, Rhode Island, and Washington have banned them.

Can You Bring Delta 8 on Southwest Airlines?

Southwest Airlines does not have a specific policy regarding flying with Delta-8 products. Like most airlines, Southwest adheres to TSA regulations on controlled substances. Passengers planning to travel with Delta-8 should contact the airline before boarding to ensure a smooth experience.

Is It Legal to Travel with Delta 9?

Yes, as long as the product contains less than 0.3% Delta-9 THC by dry weight. Any product exceeding the 0.3% THC limit is considered a marijuana product and is illegal at the federal level.

Can You Carry Delta 9 Gummies on a Plane?

It is strongly advised against flying with Delta-9 gummies containing more than 0.3% THC. If found during screening, TSA agents may refer the matter to law enforcement.

Can You Take Delta 8 on a Bus or Train?

The rules for bringing Delta-8 products on public transportation, such as buses and trains, vary depending on local laws and the policies of the transportation companies. In general, most bus and train operators have strict regulations prohibiting cannabis or cannabis-derived products, even if the destination has legalized them.

Are You Allowed to Fly with HHC?

HHC is a synthetic cannabinoid with effects similar to THC. Although federal laws don’t explicitly classify HHC as a controlled substance, it’s not recommended to travel with HHC products due to its legal uncertainty and the potential risks outweighing the benefits.