Delta 8

Can You Fly With Delta-8? What You Need to Know

can you fly with delta 8

You’ve been marking off the days on your calendar for months. Finally, the big day is tomorrow!

You’re about to hop on an airplane and travel to your favorite destination. Or, maybe you’re packing your suitcase for an exciting work trip. Either way, you’re making your list and crossing it twice, making sure you have everything you need.

Once you’ve verified that your phone charger, socks, and usual accessories are intact, your gaze turns to your Delta-8 THC. You’ve gotten used to incorporating it into your routine, but can you fly with Delta 8?

Fear not! Today, we’re breaking down the answer to this question so you’ll know exactly what to do with your disposable vapes, vape cartridges, edibles, and other Delta-8 products while you travel.

The Travel Industry’s Gray Area

Does it seem as though THC products often fall into a legal gray area? If you’re nodding your head yes, then what we’re about to tell you might seem frustrating.

We understand why you’d want to travel with your favorite Delta-8 products! A vape or some edibles could make your exciting getaway that much more thrilling, and these products also offer a great way to relax while you recharge. The good news is there’s a chance you’re in the clear, but you have to know the right way to proceed.

To date, there isn’t a universal rule that deems whether or not you can travel with Delta-8 THC. To make sure legal repercussions don’t derail your travel plans, it’s best to start by researching your local regulations.

Some areas have local laws that ban the sale of Delta-8 products, as well as their use. If this applies to you, then you could be held legally responsible if the drug is on you while you’re still traveling within your jurisdiction.

However, even if you do live in an area where Delta-8 is currently legal, that doesn’t mean you’re entirely free to travel with it. It’s also important to make sure it’s legal where you’re going. This is true whether you’re traveling by air or in a vehicle.

Depending on the local laws in the state you’re in at the time, you could run into challenges if you have Delta-8.

Can You Travel With With Delta-8 by Car?

Are you planning an epic road trip soon? If so, check your route before you leave home. The rules regarding Delta-8 legality can vary widely from state to state.

As soon as you cross those state lines, the regulations that applied just a few minutes ago could be completely different. If your road trip will take you across even one state where Delta-8 is illegal, it’s best to err on the side of caution. We suggest leaving your vapes, edibles, and any other hemp products at home.

As difficult as this decision might be, you can rest assured they’ll be waiting for you when you get back! Talk about a way to extend your vacation. It simply isn’t worth the risk of getting into trouble with authorities if you’re caught with those products in your possession.

How Can You Avoid It?

Do you still want to travel with your Delta-8 products? Here’s how to do so the safe way.

Take the time to thoroughly research the laws in any states that you know you’ll be traveling to. This includes states you’ll cross through on your way to your final destination. Next, double-check the THC content of all of the products you plan to bring with you on your trip.

If they contain less than 0.3% of Delta-9 THC, you should be fine to travel.

Can You Fly With Delta 8?

Sometimes, traveling by car isn’t logistically possible. If you’re planning an incredible overseas adventure, you’ll need to hop on an airplane to get there! You may even choose to fly if you’re going across the country, so you can get there much quicker.

If you’ve ever tried to fly with CBD, then you already know that the rules regarding this mode of transportation can be especially tricky. Much of the debate traces back to legislation.

The 2018 Farm Bill made CBD more accessible, effectively legalizing it as long as it comes from hemp that contains less than 0.3% THC. The new law removed hemp from the federal Controlled Substances Act, though some states did not remove it from their list of controlled substances.

Today, it’s still up to the individual airline to state whether or not you can bring it into the cabin. In some cases, it could even come down to the specific TSA agent who is working at the time.

If that sounds ambiguous, it is.

The Role of the TSA

In an attempt to add clarity to an already-murky situation, the Transportation and Security Administration (TSA) amended its current medical marijuana policy in 2019. The goal was to allow passengers to travel with FDA-approved products and medications that contained CBD, as long as it was derived from hemp.

The TSA website explains the impetus behind this change, stating that the agency’s screening procedures are primarily focused on security. They’re looking for weapons and flyers who have ill intent. They aren’t exactly after your vape products or gummies.

Rather than seeking to punish anyone flying with CBD, those rules are in place to identify potential threats to passengers and aviation as a whole.

As such, TSA officers are not trained or instructed to search for marijuana or other illegal drugs. Still, you could be taking a risk by trying to fly with it. The agency also maintains that if an agent discovers any type of illegal substance during a routine security screening, they will refer the matter to an on-site law enforcement officer.

What Does This Mean For You?

The TSA’s stance on flying with marijuana (including Delta-8 products) adds a great deal of liability to the situation. If you encounter a TSA agent who happens to consider your Delta-8 product unscrupulous in any way, they’ll confiscate the product and give it to an airport security guard. They’ll do so if they believe the product to be:

  • Dangerous
  • Suspicious
  • Illegal

At this point, you might be considering going ahead with it, anyway. After all, can a security guard do that much? The short answer is yes.

Airport security teams are typically part of the local police force. If they don’t make a decision on the spot, they’ll contact the authorities and decide the next steps together.

While it’s unlikely they’ll arrest you, they’ll usually take your Delta-8 product in for further testing. They’ll also ask you a slew of questions about what the product is, what it contains, and why you’re traveling with it. It only takes one TSA officer who’s having a bad day for this issue to completely alter your travel plans.

How Can You Avoid It?

Does the idea of talking to airport security send a chill up your spine? We get it. If you’d rather bypass that awkward conversation, there’s one way to do so.

Simply make sure that the Delta-8 product you take contains less than 0.3% Delta-9 THC. This way, it will be protected under laws such as the 2018 Farm Bill. To make sure you know exactly what’s inside of your product, always purchase your cannabis products from a reliable, reputable supplier like us.

At Lit, you can find all of our lab reports online for easy viewing and reference.

Another way to get around this issue is to simply ask the airline ahead of time. If you can speak to someone who will confirm that you can carry your cannabinoids with you, then you’re free to do so! Make sure to write down the name of your airline contact and take it with you on the day of the flight.

With this evidence in hand, you can (hopefully) avoid any last-minute questioning and delays, and hop on your flight with ease.

Which States Permit It?

Say you happen to luck out and no TSA officer gives you a second glance when your Delta-8 products are going through security. Now, your next step is to make sure you’re not breaking any laws once you get up in the air.

If you’re flying domestically, the good news is that most U.S. states allow you to fly with Delta-8. However, a total of 16 states have banned Delta-8 products altogether. These include:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Kentucky
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Texas
  • Utah
  • Vermont
  • Washington

If you’re flying to any of these states (or you have a flight layover there), then it’s smart to leave your Delta-8 vapes at home. Yet, you should be fine to add one to your luggage if you don’t see your destination state on this list.

To be extra safe, double-check the local laws where you’re heading. Once you’re sure Delta-8 is legal there, prepare for the experience you can have once you arrive!

What About Flying Internationally?

Now that you know how domestic flights should go, do you have your sights set a little further out? Unfortunately, international flights can be even more difficult to navigate.

This is because while some states in the U.S. have a negative connotation around cannabis products, including Delta-8, this general sentiment isn’t shared all across the country. However, there are many other countries that place a negative stigma on all cannabis products, including both hemp and marijuana.

You’ll find that some countries have established severe consequences for even carrying drug contraband on an international flight. If you’re flying to one of those countries, you do not want to be caught with Delta-8 on you.

How Can You Avoid It?

The best way to avoid getting into trouble in a foreign country is to do a ton of research before you travel to your destination. Certain countries may outlaw some cannabis products but allow others. Then, there are countries that allow cannabis for residents but deem it illegal to travel into the area with the same products.

Each country has its own laws regarding cannabis. Like the U.S., some will allow hemp products that contain less than 0.3% THC, though other countries have more stringent requirements. For instance, the European Union requires all hemp to contain less than 0.2% Delta-9 THC though a raise to 0.3% has been approved for 2023.

Instead of taking your Delta-8 products with you on an international flight, why not wait and see what’s available in that country when you arrive? This way, you can rest assured that you won’t be breaking the law. You may even discover a few new favorites!

Where Should You Store Your Delta-8 During a Flight?

You checked the laws, confirmed it was OK, and decided to take Delta-8 with you on your flight. Now, the question is where to store it! It depends on the type of product you’re bringing on board.

Delta-8 Vapes

If you plan to vape your cannabis product, you should be OK to bring it with you as a carry-on. Most airlines allow passengers to bring e-cigarettes that are either electronic or battery-powered. This includes Delta-8 distillates.

Of course, it’s still smart to ask the airline before you bring yours on board. It never hurts to make sure they’re OK with it, as each one could have its own rules. If you can’t take it with you, they’ll be sure to let you know.

Even if you can bring your vape on the plane, it should go without saying that it’s best to wait until you land to use it. You don’t want your vape juice spilling everywhere, and the people next to you may not prefer it.

Delta-8 Gummies

As long as food and snacks are allowed on the plane, Delta-8 gummies should be OK, too. If possible, you don’t want to check them in your big luggage, as the heat could alter them. Carry them on, enjoy a few to ease those mid-flight jitters, and relax.

Travel With Delta-8 Responsibly

Any time you’re planning a trip, there’s so much to do and even more to remember. You don’t want to run the risk of getting everything ready, only to find that you forgot something, or did something incorrectly.

To answer the question, “Can you fly with Delta 8?”, the answer is it depends. You’ll need to carefully research the destinations you’re flying to, and abide by their local laws and restrictions.

As long as you’re in the clear, you can enjoy your cannabis in confidence. Before you jet-set, shop our full collection of Delta-8 products online!