The 2018 Farm Bill made hemp-derived delta 9 THC federally legal, but we still wouldn’t recommend taking it on a plane.
While the TSA won’t go out of their way to search for delta 9 in your luggage, if they find your delta 9 gummies or flower in your bags and don’t know it’s legal, they’re required to report it to law enforcement.
TSA officers and police officers aren’t chemists – they might not understand what makes delta 9 THC legal versus illegal. You might end up being reported to law enforcement, then having to show proof that your product is legal – chances are, it’s not worth all of that trouble.
In this article, we’ll answer questions people commonly have about flying with delta 9.
Is It Legal to Fly With Delta 9?
Yes and no. Delta 9 refers to delta 9 THC, a cannabinoid that naturally occurs in the cannabis sativa plant.
Delta 9 THC is illegal on the federal level if it’s extracted from ‘marijuana,’ a type of cannabis sativa with more than 0.3% THC by dry weight.
Delta 9 THC is federally legal, though, if it comes from hemp, a type of cannabis sativa containing less than 0.3% THC by dry weight.
In either form, delta 9 is legal in some states and illegal in others. But this doesn’t really matter, because the Transportation Security Administration (TSA) generally defaults to using federal law, rather than state law, when making determinations about what you can and can’t bring on a plane.
This means that you might run into problems even if you’re flying between two marijuana-legal states.
The TSA does allow you to fly with medical cannabis, but there are special instructions.
Therefore, it may either be illegal or legal to fly with delta 9 THC products, depending on which category (hemp, marijuana, or medical) they fall into.
Related: Can You Fly with Delta 8?
Can You Fly with Delta 9 Gummies?
Delta 9 gummies containing less than 0.3% THC by dry weight are federally legal, but it is illegal to fly with delta 9 gummies that contain more than this amount of THC.
Even if your delta 9 gummies are hemp-derived, though, we don’t recommend you fly with them.
TSA agents and local law enforcement might not understand the difference, so there’s a good chance you’ll have to deal with legal complications if or when they discover the product.
If you are going to fly with legal delta 9 gummies, be sure to carry documentation (e.g. a lab report) that proves they contain less than 0.3% THC.
What Does the TSA Say About Delta 9?
TSA adheres to federal law when dealing with delta 9. From their website:
“Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent [delta 9] THC on a dry weight basis or that are approved by FDA (emphasis ours). TSA officers are required to report any suspected violations of law to local, state or federal authorities.”
Additionally, TSA states that they do not search your bags for cannabis, but if they find it, they are required to report it:
“TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”
An article from CNBC also stated that the TSA will sometimes account for local laws when deciding whether to report cannabis to law enforcement. If they find an amount that exceeds local limits (which vary widely by state), they will alert local law enforcement.
What about medical products?
TSA does allow you to pack medical cannabis in your carry on and checked bags, but there are special instructions. They do not state what these special instructions are, but they do say that an officer will guide you through the process.
Can You Fly Internationally With Delta 9?
Even if you’re flying from a cannabis-legal state (where all forms of delta 9 are legal) to a cannabis-legal country, like Canada, Mexico, or Germany, we do not recommend you take delta 9.
The fact remains that TSA in US airports will refer to federal law, which says it’s illegal to carry cannabis products with more than 0.3% delta 9 THC.
Even if your product doesn’t exceed this amount, bringing it with you opens the door to questioning and involvement from law enforcement. It might not happen, but it might.
One thing you definitely want to avoid is taking delta 9 to a cannabis-illegal country. In some countries, possession of cannabis can result in jail time or worse.
Can You Fly With Delta 9 in Your Carry-On Baggage?
Yes, it is legal to fly with hemp-derived delta 9 THC or medical cannabis in your carry-on baggage.
However, doing so opens the possibility for legal complications. If you are going to put delta 9 in your carry-on, be sure to keep your product in its original packaging and carry lab reports to prove that it’s federally legal.
Can You Fly With Delta 9 in Your Checked Baggage?
Yes, you can legally fly with delta 9 in your checked baggage as long as it is hemp-derived or medical cannabis.
Just remember that putting delta 9 in your checked baggage may lead to confusion and complications if the TSA agent doesn’t understand it’s legal.
Be sure to keep your product in its original packaging and carry lab reports to prove legality if needed.
How to Fly Safely with Delta 9
We do not recommend flying with delta 9 if you can avoid it.
However, if you use delta 9 THC products for medical reasons, you might not have any other option.
If that’s the case, here are some tips to safely with delta 9:
- Know the law: Cannabis with more than 0.3% THC is federally illegal, but legal in many states. TSA may refer to local law when deciding whether to report the found cannabis, but they may also adhere to federal law.
- Keep original packaging: If you’re carrying hemp-derived or medical delta 9 products, keeping them in their original packaging offers one point of proof that they are legal and you’re possessing them legitimately.
- Carry lab reports and/or documentation: If you’re carrying a hemp-derived product, take the lab report so you can answer any concerns about THC content. If you’re carrying a medical product, take your medical card and prescription-specific documentation to show you’re a medical user.
Conclusion: Can You Take Delta 9 On a Plane?
You can take hemp-derived and medical delta 9 products on a plane, but we recommend avoiding this unless you can’t for health reasons.
The confusion and complications that can result from a TSA or local law enforcement officer mistaking your legal product for an illegal one simply aren’t worth it in most cases.
That being said, bringing thorough documentation minimizes the chance of something bad happening to you if you do need to take delta 9 on a plane.
Can You Fly With Delta 9: Frequently Asked Questions
Here are some questions our customers frequently ask us about taking delta 9 on planes.
Can airport security dogs smell delta 9?
Airport security dogs are trained to small cannabis flower, which has a distinct scent due to the terpenes it contains. Delta 9 gummies are made with isolate delta 9, which has no scent. However, the dogs will smell other ingredients in the gummies.
Can I bring delta 9 on an airplane?
You can bring hemp-derived delta 9 THC and medical cannabis on airplanes, but you need to keep it in its original packaging and bring lab reports.
Can you fly with delta 9 on Southwest Airlines?
You can fly with delta 9 products on Southwest Airlines as long as they contain less than 0.3% THC or are legally-prescribed medical products. This is a matter of TSA enforcement, and TSA adheres to federal law.
Can you fly with delta 9 on American Airlines?
You can fly with delta 9 products on American Airlines as long as they contain less than 0.3% THC or are legally-prescribed medical products. TSA are responsible for checking bags, and they usually adhere to federal law when making determinations about what you can and can’t bring.
Can you fly with delta 9 on United Airlines?
You can fly with delta 9 products on United Airlines as long as they contain less than 0.3% THC or are legally prescribed for medical use. This is a matter of TSA enforcement, and TSA adheres to federal law.
