Can You Take Delta 8 on a Plane? – Making Travel Plans
When planning to fly with Delta 8 THC, understanding the nuances of airline policies and TSA regulations can help avoid surprises at the airport. While Delta 8 is a federally legal hemp-derived cannabinoid under the 2018 Farm Bill, it still sits in a complex legal space. Delta 8 THC products, like vape pens, edibles, and gummies, can legally be flown across state lines within the U.S., but it’s essential to verify the legal status of Delta 8 at both your departure and destination states since laws can vary widely. The Transportation Security Administration (TSA) isn’t specifically looking for controlled substances, including cannabis products, yet they reserve the right to refer any suspect items to local law enforcement if necessary.
Does the TSA Consider Delta 8 to be Illegal?
The TSA does not explicitly consider Delta 8 illegal, but they view it in a complicated light due to its connection to THC, the psychoactive compound in marijuana. Delta 8 products derived from hemp with less than 0.3% Delta 9 THC are technically legal under federal law, thanks to the 2018 Farm Bill. However, the difference between legal hemp and marijuana products isn’t always clear to TSA agents, who are not specifically trained in cannabinoid laws. This means that even if your Delta 8 product complies with the federal THC limit, there is still a chance TSA may treat it as a controlled substance.
The type of Delta 8 product you’re traveling with also plays a role in how it’s perceived. While TSA may allow hemp-derived products in theory, flying with Delta 8 flower can raise more concerns than carrying items like gummies or tinctures, which may appear less like traditional marijuana. When in doubt, consider the legal status at both your departure and arrival destinations, as well as airline policies on cannabinoids, to decide if bringing Delta 8 along is worth the potential risk.
What Laws Does the TSA Follow?
The TSA operates under federal law, which takes precedence over state regulations at airports. Under the federal Controlled Substances Act, marijuana remains a controlled substance, making it illegal to transport cannabis products, including those derived from marijuana, across state lines. However, hemp-derived products with less than 0.3% Delta 9 THC are federally legal under the 2018 Farm Bill, meaning Delta 8 THC can be technically permissible. Still, TSA agents may not distinguish between hemp-derived Delta 8 and marijuana, especially in its flower form, due to similarities in appearance.
The TSA’s main concern is not enforcing drug laws but ensuring the safety of travelers. Agents are trained to focus on potential threats to security, such as weapons and dangerous items. However, if TSA officers encounter a questionable item, including Delta 8 products, they may refer the matter to local law enforcement, who will apply their own state or local laws. This makes it essential for travelers to be aware of the specific regulations at both their departure and arrival airports to ensure smooth and compliant travel.
Can I Fly with Delta 8?
Technically, yes, you can fly with Delta 8 in an ideal situation, provided it’s legal in both your departure and arrival locations. However, it’s important to keep in mind that TSA has the discretion to allow or deny Delta 8 products during security screening, even if you’re within your legal rights. Although Delta 8 derived from hemp with less than 0.3% Delta 9 THC is federally permissible, TSA agents may still view it with caution, especially if it resembles traditional marijuana. As a result, while traveling with Delta 8 can be possible, it’s wise to proceed with caution and ensure compliance with both state laws and TSA guidelines.
Although hemp-based products are federally legal, some states have specifically banned Delta 8 products. These include:
Some of these states, despite having recreational marijuana programs, have opted to ban Delta 8 due to challenges in regulation. Others have prohibited Delta 8 as part of broader cannabis restrictions. If you’re flying to or from any of these states, you likely won’t be able to bring Delta 8 along. However, when both your departure and destination states permit Delta 8, traveling with these products may be feasible, though it’s essential to verify local and airport-specific regulations beforehand.
Airline Policies
Most airlines in the U.S. prohibit marijuana products, including Delta 8 THC, even though Delta 8 is hemp-derived. TSA and federal regulations still apply, and many airlines choose not to distinguish Delta 8 from traditional marijuana products. Here’s a summary of various airlines’ policies on flying with Delta 8 and cannabis-related products:
- American Airlines: American Airlines does not allow recreational or medical marijuana on board, making it risky to fly with Delta 8 or similar products.
- Alaska Airlines: Alaska Airlines prohibits marijuana and related products in both carry-on and checked baggage. For electronic smoking devices, they must be safely stored in carry-ons and in safety mode to prevent ignition.
- Allegiant Air: Recreational and medical marijuana products, including Delta 8, are banned from carry-on and checked luggage.
- Avelo Airlines: Although Avelo does not have a specific public policy on cannabis products, it complies with federal law, meaning Delta 8 products likely fall under TSA and airline restrictions.
- Breeze Airways: Breeze Airways does not permit any marijuana products, including medical marijuana, in carry-on or checked luggage.
- Delta Air Lines: Delta allows battery-powered smoking devices in carry-ons but prohibits any marijuana-related products, including Delta 8.
- Eastern Airlines: Eastern Airlines’ policy aligns with TSA guidelines on controlled substances, which means they are likely to restrict Delta 8 along with other cannabis products.
- Frontier Airlines: Frontier prohibits marijuana items, including CBD products, unless they contain less than 0.3% THC by dry weight or are FDA-approved.
- Hawaiian Airlines: Hawaiian Airlines, like other U.S. airlines, adheres to federal regulations on marijuana, which includes Delta 8. Additionally, electronic smoking devices powered by lithium batteries are not permitted.
- JetBlue: JetBlue follows TSA policies, prohibiting cannabis products and active electronic smoking devices from checked luggage.
- New Pacific Airlines: While New Pacific Airlines does not specify its stance on controlled substances, its policies defer to TSA guidelines, suggesting that Delta 8 and similar products are restricted.
- Southwest Airlines: Southwest adheres to TSA’s guidelines on acceptable items, which likely means prohibiting Delta 8 and other cannabis products.
- Spirit Airlines: Spirit does not allow controlled substances, including marijuana products, and prohibits certain vaping devices, especially those powered by lithium batteries.
- United Airlines: United has similar restrictions to American Airlines, banning recreational and medical marijuana on its flights.
International Flights
For international travel, it’s best to leave Delta 8 products at home, even if legal in your destination country. Customs regulations in many nations prohibit cannabis products due to strict anti-cannabis laws and international trade restrictions. Carrying Delta 8 into a country where it is illegal could result in severe financial penalties or legal consequences. Always research the local laws before traveling internationally with any hemp or cannabis-derived product.
Is It Only Vapes?
No, the restrictions on Delta 8 extend beyond just vapes. While vaping devices are particularly regulated due to safety concerns related to batteries and potential ignition risks, many airlines and TSA policies apply to all forms of cannabis-derived products, including Delta 8 gummies, tinctures, edibles, and flower. Even though Delta 8 is hemp-derived, TSA agents and airline policies may not differentiate it from traditional marijuana products, and certain forms like flower may raise more suspicion.
For safer travel, it’s wise to store Delta 8 products in their original packaging to indicate they are legal hemp-derived items. However, it’s still essential to research airline and TSA policies on all Delta 8 products, not just vapes, as regulations cover a wide range of cannabis-related products.
So, Should I Fly with Delta 8?
Ultimately, the safest option is to leave Delta 8 at home and consider buying it at your destination if it’s available. While it’s possible to fly with Delta 8 in some situations, complex state laws, varying airline policies, and TSA’s discretion mean there’s always some risk of your products being confiscated or flagged. If you do choose to fly with Delta 8, researching the policies of both your airline and your destination state is essential to ensure compliance and minimize potential issues at the airport.
When you’re ready to purchase Delta 8, whether at home or on arrival, consider Cali Extrax for high-quality, hemp-derived Delta 8 products. We ship across the U.S., so you can enjoy our Delta 8 wherever it’s legally allowed!
