Can you fly with delta 8?
While the 2018 Farm Bill made delta-8-tetrahydrocannabinol (delta 8 THC) federally legal in the US, it’s likely not always a good idea to take it with you on a plane.
Because while delta 8 is legal on the federal level, it’s banned in some states, and if a TSA officer mistakes it for federally-illegal marijuana, you’ll have to prove it’s not and you’re ultimately at their discretion.
In this article, we’ll answer questions related to flying with delta 8 so you can have a fun, safe trip.
Can You Fly With Delta 8?
Under US federal law, it is legal to fly with hemp-derived delta 8 THC products, as they do not fall under the classification of marijuana, which is federally illegal and specifically prohibited by the TSA and many airlines.
However, delta 8 is illegal in some US states, so you likely won’t be able to fly with it, depending on where you’re going. Delta 8 may also be mistaken for marijuana, which is cannabis sativa containing no more than 0.3% THC.
If a TSA agent determines that your delta 8 is an illegal substance, you may be referred to law enforcement.
To minimize the chances of complications, only fly with delta 8 if you’re going to and from states where it is legal. Keep it in its original packaging and take lab reports with you in case you have to prove that it’s legal.
Factors Affecting the Legality of Flying With Delta 8
While delta 8 is legal on the federal level, many things besides federal law influence whether you’ll be able to board a plane with it. Here’s what you need to know.
Federal Law & TSA Regulations
As of 2018, hemp-derived products are legal in the US. Hemp is a variety of the cannabis sativa plant that contains less than 0.3% THC by dry weight.
‘Marijuana’ is the term used by the government to describe cannabis sativa that contains more than 0.3% THC; this plant is federally illegal, but is legal in some states.
Most delta 8 products on the market are hemp-derived, and are therefore federally legal. Therefore, it’s legal under federal law to fly with them.
However, anything you intend to take on your flight is subject to the scrutiny of the Transportation Security Administration (TSA), a governmental agency in the US responsible for maintaining the safety of transportation systems, especially air travel.
The TSA focuses on flight safety, and therefore does not search for marijuana or other illegal drugs.
However, if they discover marijuana, they refer the matter to a law enforcement officer (the TSA allows medical marijuana, but with special instructions; we weren’t able to determine exactly what these instructions were).
The same thing may happen if they mistake your delta 8 for a marijuana product – this is most likely to happen with delta 8 flower.
This underscores how important it is to take packaging and lab reports with you.
State Law
The TSA is a federal agency and generally adheres to federal law. However, in some cases, TSA officers may refer to state laws around delta 8, and delta 8 is banned in some states.
If you are flying from or to a state where delta 8 is illegal, there is a possibility that the officer will notify law enforcement or ask you to throw your product out.
As of 2024, delta 8 is banned in the following states:
- Alaska
- Arizona
- Arkansas
- Colorado
- Delaware
- Idaho
- Iowa
- Mississippi
- Montana
- North Dakota
- Rhode Island
- Washington
- California
- Hawaii
We do not recommend taking delta 8 with you if you’re flying to or from a banned state.
Airline Regulations
While federal and state laws have the most influence on how TSA officers treat delta 8 products, it’s important to be aware of the level of scrutiny your airline places on these products.
No airline that we could find mentions delta 8, but some have specific rules regarding marijuana. Others say nothing, and it’s instead assumed that their policies match those of the TSA.
| Airline | Rules on Flying with Cannabis Products |
| American Airlines | American Airlines does not allow marijuana on their flights. However, they say nothing about hemp or delta 8. |
| Alaska Airlines | Alaska Airlines does not allow marijuana on their flights. However, they say nothing about hemp or delta 8. |
| Allegiant Air | Allegiant Air does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| Avelo Airlines | Avelo Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| Breeze Airways | Breeze Airways states that marijuana is restricted on their flights, per the TSA’s rules. However, they say nothing about hemp or delta 8. |
| Delta Air Lines | Delta Air Lines does not allow marijuana on their flights. However, they say nothing about hemp or delta 8. |
| Frontier Airlines | Frontier Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| Hawaiian Airlines | Hawaiian Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| JetBlue | JetBlue does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| New Pacific Airlines | New Pacific Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| Southwest Airlines | Southwest Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| Spirit Airlines | Spirit Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
| United Airlines | United Airlines does not mention marijuana in their list of prohibited items. Per TSA, marijuana is federally illegal, while hemp and delta 8 are federally legal. |
International Law
Cannabis, hemp, and delta 8 are illegal in many countries. You should not fly with delta 8 to any country where it is illegal. Doing so can have major repercussions; in some countries, the possession of THC products can result in prison time.
Be careful and ensure that, even if you’re flying with delta 8 from a legal state within the US, it’s legal in the country you’re flying to.
Can You Fly With Delta 8 in Your Carry-On Baggage?
Yes, it is federally legal to fly with hemp-derived delta 8 THC in your carry-on baggage.
If you are going to put delta 8 in your carry-on, be sure to keep your product in its original packaging and carry lab reports to prove that it’s hemp, rather than cannabis.
Can You Fly With Delta 8 in Your Checked Baggage?
Yes, you can legally fly with delta 8 THC in your checked luggage as long as it is hemp-derived.
Be sure to keep your product in its original packaging and carry lab reports to prove legality if needed.
How to Fly With Delta 8 Products
By this point, we’ve established that delta 8 is federally legal, and that while some major airlines have rules specifically prohibiting recreational and medical marijuana, none mention hemp or delta 8.
However, you’ll still need to make considerations – both TSA-related and not – when flying with specific types of delta 8 products to ensure that you’ll clear the screening and be able to board.
Here’s what you need to know about flying with different types of delta 8 products:
Gummies
Because the TSA allows you to bring food on board, delta 8 gummies can be stored in your checked or carry-on bags.
As some airports use TSA security dogs, delta 8 gummies may be detected in your luggage.
If this happens, you may need to prove they’re legal. Keep them in their original packaging and ensure that the label clearly indicates they contain less than 0.3% THC. Additionally, bringing the lab report can further prove compliance with federal law.
Vapes, Carts, and Pens
Since delta 8 is federally legal, you can fly with delta 8 vapes, carts, and pens. However, the TSA has specific requirements for doing so:
- Electronic smoking devices are allowed only in carry-on baggage.
- Passengers are required to take effective measures for preventing accidental activation of the heating element of the device when transporting the devices (examples of effective measures include removing the battery from the device and placing it in a protective case).
- Each lithium ion battery must not exceed a Watt-hour (Wh) rating of 100 Wh; or for lithium metal batteries, a lithium content of 2 grams.
As with any product, remember that there’s always a possibility of any delta 8 vaping device being mistaken for marijuana; we always recommend you take packaging and lab reports with you to provide legality.
Flower
While delta 8 flower is federally legal and can therefore be brought on a plane, it presents a variety of issues from a TSA screening standpoint.
Delta 8 flower and other varieties of hemp flower look the same as federally-illegal marijuana flower.
Therefore, TSA and law enforcement will likely assume the flower is illegal unless you can prove otherwise, which may be difficult to do, depending on the original packaging and lab reports you have for your product.
Because of this, we recommend that you avoid bringing delta 8 flower on planes, and instead take delta 8 gummies or vapes with you.
Oils & Tinctures
Delta 8 tinctures and oils are federally legal and can be brought on planes, however, you’ll need to follow TSA’s liquid regulations:
- If you’re taking the tincture in your carry-on, it must be in a container less than 100 mL, or 3.4 ounces.
- If you’re taking a container of tincture larger than 3.4 ounces, it would need to go in your checked baggage.
- Containers must be sealed and kept in a small plastic bag.
Most delta 8 oils/tinctures are 1 oz (30ml), so size won’t be an issue. Additionally, as always, come ready to prove that your product is federally legal.
Conclusion: How to Fly Safely With Delta 8
Under federal law, you can fly with delta 8, but that doesn’t always mean it’s the best idea.
Delta 8 is illegal in some states, and even where it’s legal, it may be mistaken for marijuana, which is federally illegal.
While some TSA agents won’t find it or won’t care, others will, and you might end up being referred to law enforcement or asked to throw your product away.
To minimize the chance of this happening – and to have the best flight possible – here are a few tips:
- Take delta 8 products in their original packaging
- Take the lab report for your product along with you
- Avoid taking delta 8 flower to an airport, where it can easily be mistaken for marijuana flower
- Avoid taking delta 8 to or from any US state or foreign country where it is illegal
That’s how you fly safely with delta 8.
Related: Can You Fly With Delta 9?
Can You Fly With Delta 8: Frequently Asked Questions
Here are some questions our customers frequently ask us about flying with delta 8.
Is delta 8 federally legal?
Yes. As of the 2018 Farm Bill, hemp-derived delta 8 THC is federally legal in the US.
Can you fly with delta 8 on American Airlines?
American Airlines does not allow marijuana on their flights. However, they say nothing about hemp or delta 8, which are federally legal in the US.
Can you fly with delta 8 gummies in the US?
It is federally legal to fly with hemp-derived delta 8 gummies in the US. However, delta 8 is banned in some states.
Can airport security dogs smell delta 8?
While delta 8 isolate has no smell, most products containing it, especially hemp flower products, will be smelled by airport security dogs. This means you’ll need to bring proof that your delta 8 products contain less than 0.3% THC by dry weight.
Can you bring delta 8 on a bus or train?
Major bus and train companies, like Amtrak and Greyhound, have no hemp-specific policies and instead use TSA rules. Delta 8 is federally legal in the US, but as with flying, anything in your luggage will ultimately be subject to the discretion of the officer checking your bags.
Can you fly with delta 9?
It is federally legal to fly with hemp-derived delta 9 products, however, you’ll need to be prepared to defend the legality of your product.
