Delta-8-THC is a federally “uncontrolled” cannabinoid, which means that there is no law against it. Does it mean that you can technically hop on an airplane and travel with Delta 8-THC?
In most states, you can fly within the US with Delta-8-THC, if it’s under the 0.3% Delta-9-THC limit. There’s a chance you may be questioned or have your oil tested. These procedures are lengthy & may cause you to miss your scheduled flight. Always verify recent delta 8 THC laws in your state.
Below, we will touch on the ambiguous areas of flying with Delta 8-THC and how to store your products for your flight if you choose to do so.
Can You Fly Locally (USA) With Delta 8-THC?
In 2019, the United States Transportation and Security Administration (TSA) amended their policy to allow passengers to travel with hemp-derived CBD products.
It followed the 2018 Farm Bill that legalized hemp consumption in the US. Yet, despite the changes in policy, it is still risky to travel with CBD products even if they respect the 0.3% THC limit rule.
TSA’s role is not to search for illegal drugs but for bombs and arsenals that put hundreds of lives at risk.
However, its website indicates that the final decision regarding THC will depend on the TSA officer at hand.
If considered suspicious or dangerous, the officer will give the Delta 8-THC to the airport security who are usually part of the local police department.
Even though you will probably not be arrested, you could be subjected to long interrogations while your Delta 8-THC is being tested.
Learn more: Pact Act 2021 – How It Affects Cannabis?
The only exception to the rule is Epidiolex, a CBD-based drug that the FDA approved in 2018.
TSA allows storage of CBD products in carry-on bags and checked bags but has provided specific instructions on how to do it.
It’s crucial to ensure that your traveling Delta 8-THC product contains no more than 0.3% THC.
If the results show otherwise, you will find yourself in a delicate situation.
Can You Fly Internationally With Delta 8-THC?
Marijuana and cannabis products are illegal in most countries, including concentrates, oils, and edibles.
Countries where cannabis is illegal may also consider vaporizers and oil pens as unlawful contraband.
Despite being legal and decriminalized in some countries, there may be laws that prohibit the possession of paraphernalia.
If you are a Canadian flying locally in the country, you are not subjected to any laws that prevent you from flying with Delta 8-THC.
Otherwise, flying to other countries with cannabis products is riskier than it is worth. In the rare cases where immigration officers will let you go, you will still face uncomfortable searches, long interviews, and confiscation of your Delta 8-THC products.
If the country has legalized cannabis, it is safer and wiser to consume it there.
Should You Declare Your Delta 8-THC When Flying Locally?
With the different State laws on CBD products, it is essential that you review the state laws of your destination if you are traveling cross-borders.
If you are bringing Delta 8-THC for medical purposes, keep your prescription handy in case of queries.
Declaring your Delta 8-THC product will depend on the airport’s policies and state laws. Some airports like McCarran International Airport and Denver Airport prohibit the possession of cannabis products on the airport property.
These policies were established despite the legalization of some amounts of the drug in their states.
Yet, other airports like Los Angeles International Airport (LAX) and the Seattle-Tacoma Airport have far more lenient policies. In LAX airport, up to 28.5g of cannabis is allowed on flights.
Passengers traveling from Portland International Airport are also allowed to carry marijuana and hemp-derived products provided that they are flying within the state of Oregon.
The airport advises passengers to know about the federal laws and the state laws of their destination due to the complexity of the matter.
Is Delta 8-THC Legal Across The US?
With the amendment of the Hemp Farm Bill in 2018, Delta 8-THC is now legal at the federal level, provided that it contains less than 0.3% Δ9-THC.
The Drug Enforcement Administration (DEA) has also amended the Controlled Substance Act that now protects hemp-derived THC production if it respects the compliant levels of Δ9-THC. This results in the legalization of Delta 8-THC.
However, the caveat is the different State laws that ban some or all hemp products, including CBD and thus Delta 8-THC.
People living in states where any variation of the THC molecule will bear severe consequences if they are found with Delta 8-THC.
Learn more: Does Delta-8-THC Show Up On Drug Tests?
Additionally, the similar structure of Delta 8-THC to Δ9-THC can result in false-positive drug tests. Drug tests are not accurate enough to test for the chemical consumed.
Instead, they test for THC metabolites (mostly THC-COOH, a THC-carboxylic acid) that the body produces when breaking down THC. Since Delta 8-THC and Δ9-THC are metabolized in the same way, people will test positive for drug tests.
How To Store Your Delta 8-THC When Traveling?
Vapes and their batteries
It is a world-wide rule that they must be packed in your carry-on bag.
In cases where vapes are found in checked-in luggage, airlines have the right to search your bag and confiscate the device.
In other instances, they may also leave the luggage at the departure airport.
Flying with vapes and batteries can be tricky as there are concerns that electronic vapes and their batteries may be a fire hazard.
Here are some more tips for flying with vapes:
- Keep extra batteries in safe plastic battery cases.
- On short trips, it is advisable that you use disposable vapes since it is easy to carry and no charger or no separate e-liquid is needed.
- Full vape tanks may leak due to cabin pressure. Fill the tank half-way or leave it empty for the flight.
Delta 8-THC cartridges or vape juice
TSA demands that all liquids, aerosols, gels, creams, or pastes must be in less than 100mL bottles and put into single 1-quart plastic bags.
This is applicable for e-liquids too. If you are planning to bring more than the required amount, you should pack it in your checked-in suitcase.
There are no size and amount limitations for checked baggage but it is recommended to double bag it to prevent any spillage in the luggage.
Pods and cartridges are also allowed to be stored in the checked suitcase.
Tips for packing vape juices:
- Bottles may expand due to cabin pressures. To avoid any accidents, pact partially used bottles that have some space for the liquid to expand.
- Seal the caps and openings of the bottles using tape