Can You Fly With Delta-8 Products?

Written By Ukeme Akpan

Introduction

Flying with Delta-8 products is an increasingly relevant topic as the popularity of this cannabinoid grows. Delta-8 THC, known for its pain-relieving properties and milder psychoactive effects compared to Delta-9 THC, has become a favorite for many users. However, the legal landscape surrounding Delta-8 is complex, and traveling with it poses unique challenges. 

This article aims to clarify the concept of flying with Delta-8 products and provide practical advice for those considering bringing their Delta-8 on board.

Related: What’s the difference between Delta-8, Legal THC, and Fake Cannabis?

What's Delta-8 THC?

Delta-8 THC (Delta-8-tetrahydrocannabinol) is a naturally occurring cannabinoid found in the cannabis plant. It is one of over 100 cannabinoids produced by the plant, but it exists in much smaller concentrations compared to the more well-known Delta-9 THC. Delta-8 THC is chemically similar to Delta-9 THC, the primary psychoactive component in marijuana, but with notable differences that affect its impact on the body and mind.

Delta-8 THC has a double bond on the eighth carbon chain, whereas Delta-9 THC has it on the ninth carbon chain. This slight structural difference results in Delta-8 THC having a milder psychoactive effect compared to Delta-9 THC. Users often describe the effects of Delta-8 as more clear-headed and less anxiety-inducing, making it a preferred choice for those who seek the therapeutic benefits of THC without the intense high.

Related: What Is Delta-8 and Is It Safe?

Benefits of Delta-8 THC

Below are the benefits of Delta-8 THC:

  • Pain Relief: Like Delta-9 THC, Delta-8 THC interacts with the body's endocannabinoid system (ECS), which regulates pain, mood, and other functions. It is known for its potent pain-relieving properties.

  • Reduced Anxiety: Delta-8 THC is often referred to as "Delta-9’s nicer younger sibling" because it tends to cause less anxiety and paranoia, common side effects of Delta-9 THC.

  • Appetite Stimulation: Delta-8 THC has been shown to stimulate appetite, which can be beneficial for individuals with certain medical conditions that cause decreased appetite.

  • Neuroprotective Properties: Some studies suggest that Delta-8 THC may have neuroprotective effects, helping to support brain health and cognitive function.

The Legal Status of Delta-8

The 2018 Farm Bill legalized hemp and its derivatives, provided they contain less than 0.3% Delta-9 THC. This bill effectively made Delta-8 THC legal at the federal level if derived from hemp. However, the legal status of Delta-8 varies by state. Some states have banned it outright, while others have restricted its use. This patchwork of regulations creates a complex environment for Delta-8 users, particularly when it comes to travel.

Federal Regulations and the TSA

When it comes to air travel, the Transportation Security Administration (TSA) adheres to federal laws. The TSA's primary focus is on security and the prevention of dangerous items entering the airplane, not on the enforcement of drug laws. However, they do defer to federal guidelines regarding controlled substances.

Under federal law, hemp-derived products containing less than 0.3% Delta-9 THC are legal. Delta-8 THC generally falls within this category. Therefore, in theory, you should be able to travel with Delta-8 products, provided they meet the federal requirements.

State-Specific Laws

In Virginia, recent updates have changed the legal status of Delta-8 THC, impacting its availability and sale. As of the latest legislative updates, Virginia has banned the sale of Delta-8 THC for consumption. This change comes as part of the state's efforts to regulate and control the sale of cannabis and its derivatives more strictly. The new regulation prohibits retailers and manufacturers from selling Delta-8 THC products intended for human consumption, aligning the state’s policies with growing concerns about the unregulated nature of many Delta-8 products on the market.

Implications for Consumers and Retailers

For Consumers

  • No Legal Purchase: Consumers in Virginia can no longer legally purchase Delta-8 THC products for consumption. This includes popular forms such as edibles, tinctures, vape cartridges, and other ingestible products.

  • Possession: While the focus is on the sale of Delta-8 THC, consumers should stay informed about possession laws to avoid potential legal issues.

For Retailers

  • Prohibited Sales: Retailers in Virginia must cease the sale of Delta-8 THC products intended for human consumption immediately to comply with the new regulations.

  • Compliance: Retailers need to ensure that their inventory and sales practices are fully compliant with state laws to avoid penalties.

Practical Tips for Traveling with Delta-8

Assuming your Delta-8 products are legal in both your departure and destination states, here are some practical tips to help ensure a smooth travel experience:

  • Keep Products in Original Packaging: Ensure your Delta-8 products are in their original packaging. This packaging should clearly label that the product contains less than 0.3% Delta-9 THC and is derived from hemp. Having the product's Certificate of Analysis (COA) from a third-party lab can also be beneficial.

  • Carry Documentation: If you have a medical marijuana card, carry it with you. While Delta-8 is federally legal, having a medical card can add an extra layer of legitimacy and may help in case of questioning.

  • Adhere to TSA Regulations: Ensure your Delta-8 products comply with other TSA regulations, such as the liquids rule. Liquid products must be in containers of 3.4 ounces (100 milliliters) or less and placed in a quart-sized bag.

  • Know the Rules of Your Airline: Different airlines may have specific policies regarding cannabis products, including Delta-8. Check with your airline before traveling to avoid any surprises at the airport.

  • Plan for Security Checks: Be prepared to answer questions about your Delta-8 products. TSA agents are trained to identify prohibited items, and while their primary focus is on security threats, they may still inquire about substances that are not clearly identified.

You May Also Read: Commercial Driving License (CDL) and Medical Marijuana Card: Can I Have Both?

International Travel Considerations

Traveling internationally with Delta-8 is even more complicated. Many countries have stringent laws regarding cannabis and its derivatives, and what is legal in the U.S. may be illegal abroad. Before traveling internationally with Delta-8 products, research the laws of your destination country thoroughly. Some countries have zero-tolerance policies and could impose severe penalties for possession of cannabis products.

The Risk of Confiscation

Even if you comply with all regulations, there is still a risk that your Delta-8 products could be confiscated. TSA agents have the discretion to confiscate any items they suspect to be illegal, and given the murky legal status of Delta-8, this is a possibility. If your Delta-8 products are confiscated, it’s important to remain calm and cooperative. Trying to argue or resist could lead to further complications.

Alternative Solutions

If you are concerned about the potential risks of flying with Delta-8, consider some alternatives:

  • Buy at Your Destination: If Delta-8 is legal at your destination, consider purchasing your products after you arrive. This eliminates the risk of carrying them through airport security.

  • Use Non-Delta-8 Alternatives: If you use Delta-8 for its therapeutic effects, you might find similar benefits from CBD products, which are widely accepted and legal in many places.

  • Consult a Lawyer: If you frequently travel with Delta-8 or other cannabis products, it may be worth consulting a legal expert to better understand your rights and any potential risks.

Conclusion

Flying with Delta-8 products is possible, but it requires careful planning and a thorough understanding of both federal and state laws. While the 2018 Farm Bill legalized hemp-derived Delta-8 at the federal level, individual states have the final say within their borders. By keeping your products in original packaging, carrying necessary documentation, and adhering to TSA guidelines, you can minimize the risks associated with traveling with Delta-8. However, always be prepared for the possibility of confiscation and consider alternative solutions if you are unsure about the legal landscape. As the legal status of Delta-8 continues to evolve, staying informed and cautious is the best approach for traveling with these products.

 

FAQs

  • It depends. Delta-8 THC is federally legal if it is derived from hemp and contains less than 0.3% Delta-9 THC, according to the 2018 Farm Bill. However, state laws vary significantly. Some states have banned or restricted Delta-8 THC, so you must check the regulations of both your departure and destination states before traveling. Additionally, while the TSA focuses on security threats and not on finding illegal drugs, they will defer to federal and state laws if they discover Delta-8 products in your possession.

  • To ensure a smoother experience when flying with Delta-8 products, follow these precautions:

    Original Packaging: Keep your Delta-8 products in their original packaging, which should clearly indicate that they are derived from hemp and contain less than 0.3% Delta-9 THC.

    Documentation: Carry any documentation that proves the legality of your products, such as a Certificate of Analysis (COA) from a third-party lab. If you have a medical marijuana card, bring it with you.

    TSA Regulations: Ensure your products comply with TSA regulations, such as the liquids rule, which restricts liquids to 3.4 ounces (100 milliliters) or less and requires them to be in a quart-sized bag.

    Research State Laws: Verify the Delta-8 laws of both your departure and destination states to avoid legal issues.

  • Traveling internationally with Delta-8 THC products is highly risky and generally not recommended. Many countries have strict laws regarding cannabis and its derivatives, which may include Delta-8 THC. Even if Delta-8 is legal in your destination country, you may not be allowed to bring it into the country. Research the specific laws of your destination thoroughly before considering international travel with Delta-8. It's often safer to leave your Delta-8 products at home and explore legal alternatives at your destination.

Headshot of Steven Fiore, MD

This article has been reviewed by Steven Fiore, MD.

Ukeme Akpan

Ukeme is a skilled content writer and SEO specialist with a proven track record of delivering high-quality, engaging, and optimized content. With experience working on platforms like Freelancer.com and Upwork, Ukeme has successfully collaborated with clients across diverse industries, helping them boost their online presence and achieve measurable results.

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