May 9, 2023

Can You Bring Delta-8 on a Plane?

BY Aijalyn Gonzales & Jessica Mckeil & Hayden Johnson

Legal Delta 8

Home > Blog > Can You Bring Delta-8 on a Plane?

Key Takeaways

Delta-8 products derived from hemp with less than 0.3% Delta-9 THC are federally legal and can be transported across state lines, including on flights, but legality varies by state and airline policies.
Travelers should check local laws, airline regulations, and ensure products are Farm Bill compliant, keeping Delta-8 items in original packaging with purchase documentation and certificates of analysis for smooth airport security checks.
International travel with Delta-8 is strongly discouraged due to differing cannabis laws worldwide and strict penalties; if Delta-8 is illegal at a destination, consider switching to compliant hemp-derived Delta-9 products.

Whether prepping for a stressful business trip or a summer vacation, you probably want to bring your favorite Delta-8 gummies along. But can you legally travel with Delta-8? The short answer to this is yes.

The federally legal status of hemp allows Delta-8 to cross state lines and travel along with you, as long as you’re traveling to and from a state where Delta-8 is legal.

So as long as you've checked with state laws, you're mostly in the clear, but this may change based on a domestic airline's regulations. The long answer to whether you can fly with Delta-8 is that it depends on the airline you're flying with. It is also important to consider how to store Delta-8 on your flight to avoid breaking any rules.

So buckle up as we review the general guidelines for packing Delta-8 on a plane and important laws regarding hemp's legality.

How is it Legal to Fly with Delta-8?

Hemp-derived cannabinoids are federally legal, as long as they have a compliant concentration of Delta-9 THC. Because Delta-8 products contain less than 0.3% Delta-9 (if any), they can legally cross state lines.

However, it’s ultimately up to domestic airlines whether they allow hemp products on board, and Delta-8 isn’t legal in all states. Make sure it’s legal at your destination before bringing Delta-8 products on a plane.

If you're curious about what hemp is and how Delta-8 is legal, here's your crash course in cannabis legality.

Hemp vs. Marijuana & the 2018 Farm Bill

You're probably already familiar with marijuana, also known as "pot" or "weed." Its legal status on a federal level hasn't changed: marijuana is still a controlled substance in the United States. In other words, it's federally illegal, though some states have legalized it.

But marijuana has a federally legal counterpart: hemp.

You see, the species of plant that marijuana and hemp "come from" is called cannabis. Cannabis contains over one hundred naturally occurring compounds called cannabinoids, including Delta-9 THC, CBD, and Delta-8 THC, to name a few. The legality of any cannabis plant or product is based on the percentage of Delta-9 THC, according to the 2018 Farm Bill.

Under this legislation, hemp is defined as cannabis with less than a 0.3% concentration of Delta-9 THC and separated from marijuana, defined as cannabis with more than a 0.3% concentration of Delta-9 THC. So hemp and hemp products are federally legal to produce, sell, and purchase, just with a few restrictions.

Namely, a product must abide by that same 0.3% Delta-9 THC concentration limit on a dry-weight basis. If a product contains hemp-derived Delta-9 THC at a concentration exceeding 0.3% of its dry weight, it is no longer compliant with the 2018 Farm Bill. A product's concentration of other cannabinoids, on the other hand, like Delta-8 THC or HHC, is not regulated (on a federal basis, at least- check your state laws).

So, you're legally allowed to enjoy Delta-8 gummies, flower, or vapes and even fly with them, since airspace is within the federal government's jurisdiction.

What Delta-8 Products Are Allowed on Planes?

Can You Take Delta-8 Gummies on a Plane?

Can you bring Delta 8 gummies on a plane? For some airlines, yes!

Hemp-derived gummies can be great for a trip. And if your airline allows it, what better item to accompany you on your next adventure? Gummies and other edibles should be placed in your checked luggage or carry-on.

You cannot take your hemp-derived edibles out until you have left the airport.

Can You Bring Delta-8 Carts on a Plane?

It’s safe to say the best way to approach this is to clarify with the airline. Upon approval, pack it securely in a case. Then place it in your carry-on or personal bag.

Under no circumstances can you use it while in the airport or on the plane. Lastly, charge your battery before you get to the airport because it is prohibited to charge it at the airport or on the plane.

Can You Bring A Delta-8 Pen on a Plane?

You can generally bring vape devices on your flight, but as stated above, first validate with your airline that you’re allowed to have hemp products on the plane. Next, don’t forget to store it in secure packaging to avoid spillage or other mishaps that may occur. Once it’s secure, place it inside your carry-on or personal bag, and leave it there until you have left the airport.

Can You Fly with Delta-8 Internationally?

Local flights are very different from international flights because of the additional laws that need to be considered. The United States has different laws from those of other countries. Because of this, you could be failing to obey the laws of your destination.

The consequences of this could be incredibly detrimental, especially if you’re in a country that holds strict laws on cannabis products. Even if you’re going to a country with legal cannabis, bringing it across International lines is illegal and will have penalties for those who commit the act. This is all preventable by leaving your hemp products at home.

How to Safely Bring Delta-8 on Your Flight

By checking with your airline and local laws, you might assume it’s time to pack your hemp goodies and head out.

Below, we have other factors to consider before packing your hemp products.

Bring Documentation from Your Purchase

Being prepared is essential at an airport. To prevent anyone from throwing away your hemp products or being accused of having a fake hemp product, bring your receipt and a printed copy of the product's certificate of analysis (COA).

These documents will be helpful if your products get flagged and you still want to bring them with you.

Keep It in the Original Packaging

If you plan to travel with your hemp products, it’s important to keep them in their original packaging.

Keeping it in the packaging will allow TSA and law enforcement to identify it, and they may recognize the brand.

Make Sure the Product is Farm-Bill Compliant

Before bringing any hemp-derived product on your flight, double-check that it's Farm Bill compliant. To do this, simply check its Certificate of Analysis (COA) to ensure that the Delta-9 THC concentration of the product is less than 0.3% of its dry weight. If it isn’t, you could face penalties.

Fortunately, all Hometown Hero packaging contains a QR code that conveniently links to our products' full-panel testing results. If you're browsing online, you'll also see that every product's COA can be easily accessed on their product page. We don't just claim our edibles and inhalables follow the rules- we proudly prove it!

Swap it with Hemp-Derived Delta-9

If Delta-8 isn’t legal where you’ll be traveling, don’t fret. Switch it out with compliant hemp-derived Delta-9 products.

Takeaway: Flying With Delta-8 is

As eager as you might be for your next vacation, take the necessary steps to ensure you can bring your hemp products. By doing this, you’ll know your options and will have the opportunity to switch to an airline that allows Delta 8 products. And with our tips above, you’ll be on the path to having a vacation with your favorite pal, hemp.