You may have found yourself preparing for a trip only to ask yourself, "Is it legal to fly with Delta 8?" or "Can I take Delta 8 on a plane?" As you can imagine, this question gets asked often. Whether you are flying for business or for pleasure, the desire to bring along your favorite Delta 8 products is very popular. We will answer those questions and provide some tips and tricks to make your flight with Delta 8 as easy and hassle free as possible. Let's start off with the fact that Delta 8 is federally legal, that fact aside, there are some things you'll want to be aware of before booking your next flight and carrying Delta 8 on board.
Disclaimer: We do our very best to stay on top of the ever-changing state, local, and federal Delta 8 laws. However, due to the fact that these laws can and do change so frequently we do recommend you do your own research to verify the information you find in this article. This information is not intended to be used as legal advice or as a substitute for legal aid.
Is it Legal to Fly with Delta 8?
Yes, it is legal to fly with Delta 8, but there are a few things that are worth checking out and to being aware of first.
Does TSA Search for Delta 8?
Not specifically, TSA does not have specific rules related to traveling with Delta 8. Their screening procedures are focused on aviation and passenger security and safety. Meaning, TSA officers do not search for marijuana or other illegal drugs. This means that TSA is not explicitly looking for Delta 8 products or any other hemp related product for that matter. You are more likely to get flagged for not packing them safely or securely, resulting in issues such as leaky oils or vaporizers that may contain flammable batteries.
Since Delta 8 is hemp derived and contains a THC content of less than 0.3%, it is compliant with the 2018 Farm Bill and TSA policy. This does not mean that you may not be flagged, however. Some products are going to look more suspicious than others, for example it may be a good idea to avoid bringing Delta 8 flower or pre-rolls since they so closely resemble marijuana, or delta 9 THC. Leaving this at home will help you avoid being subject to, questioning and searches.
It also wouldn’t hurt to plan ahead and carry documentation of your purchases in the form of a receipt or the QR code provided on many product packages, which links to lab results indicating the product's legal TCH content. Worst case scenario, you may have your products confiscated but it is highly doubtful that it would result in you being arrested or prosecuted.
It is also a good idea to familiarize yourself with the specific policies of the airline you will be flying with in addition to TSA's policies. Each airline’s policies can differ slightly from one another. You may even be surprised what is not allowed on certain airlines. Knowing this information ahead of time will be helpful.
Where You Will be Traveling
Where you plan on traveling to, will also determine what you should or should not pack. You will want to be aware of the state and local regulations of your final destination. Even though you can travel through federal airports with Delta 8, it does not mean that Delta 8 is legal in the state you are traveling to.
Consider how easy it will be to travel with Delta 8 once you are at your destination. Some countries and states allow the use of Delta 8 but have banned traveling with it while using public transportation. In that case you may need to plan on using other forms of transportation, such as Uber or Lyft. Remember, no matter where you are, driving under the influence is illegal.
The following states have banned delta 8 THC as of April 2022:
- New York
- North Dakota
- Rhode Island
Traveling Domestically or Internationally
Even though you can travel domestically with Delta 8, traveling internationally is a whole different story. Including the US, a large majority of countries across the world consider cannabis an illegal substance. Punishments can be severe, including penalties, such as life in prison or even the death sentence. Unlike in the US, most countries do not make exceptions for hemp-derived products.
Tips For Flying with Delta 8 Legally
Pack your Products Securely
Familiarize yourself with the packing guidelines set forth by your local airline and airport. Any open containers that contain liquids should be contained in a leak proof bag and sealed with tape for extra precaution. This will also prevent any unwanted spilling, keeping the rest of your luggage safe.
Don't Vape in the Airport or on the Airplane
As common sense as this one may sound, you'd be surprised how often people make this mistake. This tip is best left untested, as doing so can lead to some hefty fines of up to $4,000. It is best to avoid even handling any vape devices since some airlines don't even allow the charging of these.
Carry in Original Packaging Along with Documentation
It is always a good idea to leave your Delta 8 products sealed in their original packaging if possible. This indicates to TSA what the contents are and that they are of a reputable source. Most companies will include a QR code on their packaging that leads to a reputable website and supporting documentation for that product, indicating that it is hemp derived and is of legal THC content. It is also a good idea to bring with you a receipt, documenting your purchase of the products you'll be bringing.
Purchase Legal and Authentic Delta 8
By only purchasing Delta 8 products from a reputable source, you can be sure that the Delta 8 THC products are in fact hemp-derived and are made in compliance with the federal standard for legal hemp products. You also get peace of mind knowing that your Delta 8 products will include test results easily accessible via their website. All products that Everyday Delta carries are hemp-derived and 100% Farm Bill compliant, backed by full panel third party lab tests from DEA certified labs.
Packing Suggestions by Product Type
By far the easiest product type to travel with is gummies or Delta 8 edibles since they so closely resemble everyday foods. When traveling with oils and vapes however, you’ll want to plan ahead.
Oils are considered liquids and are subject to the rules surrounding any other liquid for carry-on items. According to TSA, you’re allowed one quart-sized bag that can contain individual containers holding up to 3.5oz of liquid or less. Attempting to take any more that that may result in confiscation or having to throw away any amount above 3.5oz.
When packing Delta 8 vapes or cartridges, you’ll need to be sure to pack them in your carry-on or your personal bag. They will not be permitted in your checked bag. According to Delta Airlines policy: “Battery-powered electronic smoking devices, such as e-cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers, electronic nicotine delivery systems,” can be brought as carry-on items only."
How Much Delta 8 Should I Bring?
Keep in mind that you should really only attempt bringing a personal amount of Delta 8 products with you, this is especially the case with oil products. Attempts to bring larger quantities of these products will most likely get you flagged and questioned. This can even result in seizures or being forced to discard your items.
Delta 8 Products to Avoid Flying With
It’s a good idea to avoid bringing products that resemble marijuana, such as Delta 8 flower and pre-rolls. These items are best left at home to avoid unnecessary questioning, which may result in interrogations and confiscations.
Now that you know you can legally fly with Delta 8 THC, use these tips to help make your travels with Delta 8 as smooth as possible.
To find potent, legal Delta 8 THC products, check out and shop Everyday Delta's selection of premium Delta 8 products.