Delta 8 and Air Travel: Essential Guidelines for 2024

You’re excited about your trip, your bags are packed, and you have your Delta 8 edibles ready to keep things mellow on the flight while enjoying some potential health benefits. But before you breeze through security, you need to be aware of the legality of it all. The last thing you want is to get held up at TSA (or worse, end up in jail).

Delta 8 is federally legal, but airports and states have their own rules, and they do not always play nice together. You might pass through TSA with no issues one day, only to get flagged the next. This post will help you understand the laws of both where you are flying from and where you are heading and make sure your trip goes off without a hitch.

👉Also Read: Does Delta 8 THC Contain Terpenes?

Is Flying with Delta 8 THC Illegal?

First things first, therapeutic-benefits-Holy-Grail D8 THC is extracted from hemp. Hemp is legally defined as cannabis that has 0.3% or less Delta 9 THC (known for its psychoactive effects) on a dry body weight basis. Anything with more than that is classified as marijuana. Under the 2018 Farm Bill, hemp plant is explicitly legal across the United States. You can legally buy and use products derived from hemp plants as long as they adhere to the 0.3% THC limit. These are your CBD oils, Delta 8 gummies, hemp-derived vapes, and so on.

Now, the TSA (Transportation Security Administration) is in line with federal law. They allow you to carry hemp-derived products on board as long as they don’t have more than 0.3% Delta 9 THC. That said, if your product has more than 0.3% THC, it is considered marijuana, and that is still illegal federally. Even if you bought it legally in a state where marijuana is allowed, like California or Colorado, it is a no-go on a plane.

As of 2024, Delta 8 is either completely illegal or severely restricted in the following states:

• Alaska
• Arizona
• Colorado
• Delaware
• Idaho
• Iowa
• Mississippi
• Montana
• Nevada
• North Dakota
• Rhode Island
• Utah
• Vermont
• Washington

The TSA is not actively hunting for your stash, but if they do find something that crosses that THC threshold, they are required to report it. That could lead to your product being confiscated and, depending on where you are flying from or to, possibly bigger legal consequences. So, always check the labels; if you are unsure, it might be better to leave it behind.

TSA Regulations

As we said, the TSA is never exactly looking to bust you for carrying cannabis. Their job is to keep the skies safe. But if they find it during a screening, they are not likely to turn a blind eye. This is where it gets complicated because state laws vary widely. If the TSA stumbles upon anything that contains over 0.3% Delta 9 THC (even if you bought it in a legal state), they are mandated to report it to the local law enforcement.

If you are traveling from a Delta 8-friendly state to another that is on board with it, you are likely in the clear, but don’t let your guard down. Always double-check the laws of your destination. Also. keep your D8 in its original packaging to avoid any misunderstandings. If you are considering using it before the flight, remember that airports have their own rules, and they might not be as laid back as you are.

Some states have outright banned Delta 8, and if you are caught with it in those states, you are in trouble. TSA leaves it up to local law, so while you might board your flight with no problem, landing could be different.

Airline Regulations

Flying within the U.S. with Delta 8 THC is a calculated risk. If you are flying between states where it is legal, you might get by without any issues. However, always check the laws of the state you are flying to because it is prohibited in some states.

If you are traveling internationally, do not carry any cannabis D8 or CBD at all. Cannabis laws are drastically different from country to country, and some places have severe penalties for possession of any kind of THC. Airlines and the TSA strongly advise against carrying cannabis plant products on international flights. Even if your destination country is cannabis-friendly, you could get into trouble during a layover in a less tolerant country. The risk is simply not worth it.

Here is a quick overview of major U.S. airlines’ stance on flying with D8 in 2024:

• American Airlines: They don’t allow recreational or medical marijuana on their flights. This includes Delta 8 products if they exceed the 0.3% THC limit.
• Alaska Airlines: Electronic smoking devices must be in safety mode and your carry-on. Marijuana and related products are not allowed in your carry-on or checked luggage.
• Allegiant Air: They prohibit recreational and medical marijuana in both carry-on and checked luggage.
• Breeze Airways: They have taken a strict stance against all marijuana products, including prescription medications. Do not bring it on board.
• Delta Air Lines: Battery-powered smoking devices can be in your carry-on, but marijuana items are prohibited.
• Eastern Airlines: They defer to TSA’s policies on controlled substances. Anything over 0.3% THC is not allowed.
• Frontier Airlines: They ban marijuana items, including CBD oil, unless it is under 0.3% THC or FDA-approved.
• Hawaiian Airlines: They prohibit electronic smoking devices powered by lithium batteries. While Delta 8 is not explicitly banned, they follow federal rules, so it is dangerous.
• JetBlue: They do not allow active electronic smoking devices in checked bags and follow TSA on cannabis products.
• United Airlines: Their policies are similar to American Airlines, prohibiting marijuana and cannabis-derived products on their flights.

What If I Have a Medical Marijuana Card?

A medical marijuana card does give you legal protection within your state to possess and use cannabis products that would otherwise be illegal. But this only applies to Delta 9 THC (where the psychoactive properties of marijuana come from). Delta 8 THC is a different cannabinoid (albeit with a lesser psychoactive effect) so it is treated differently. Of course, your U.S. medical marijuana card has no legal standing in other countries.

Even if you have a doctor’s prescription for Delta 8, it is not recognized as a federally-approved “medication”. The TSA and other federal agencies do not recognize state medical marijuana programs, including prescriptions for cannabinoids like Delta 8.

If your D8 has been prescribed to you for critical medical reasons and you absolutely cannot travel without it, carry a letter from your healthcare provider explaining the necessity and any relevant health records. Again, this might not work so be careful.

👉Also Read: Elevate Your Mind: Unveiling The Uplifting Power of Delta-8 Sativa Strains by Laughing Buddha

9 Tips to Stay Legal and Safe When Flying with Delta 8 in 2024

Know the State Laws at Both Ends of Your Trip

It goes without saying that you should do some digging on how your destination actually enforces its cannabis laws before you start packing. It is not just about whether Delta 8 is legal in that state, it is about how strictly the local cops enforce those laws. In some places, they might look the other way if you have a small amount, while in others, they could be looking to make an example out of you. Check online forums, local news, or legal blogs to get a feel for the local vibe. If enforcement is tight, reconsider bringing anything with you.

Keep Your Delta 8 Products in Their Original Packaging

This might sound very basic, but it shows that the product is legitimate and that it contains less than 0.3% Delta 9 THC, as required by federal law. Brand-provided labeling may also contain lab results, which might come in handy if you are questioned by TSA or law enforcement or asked to undergo drug tests.

Use Single-Use or Disposable Products

Disposable vapes are less bulky, easier to carry, and don’t have the battery issues that reusable ones do. If something happens, you are not going to end up losing something you paid a lot for. If you are carrying gummies or edibles in other forms, single-use packaging is discreet and less likely to raise eyebrows. It is easier to explain a single-use item than a jar of gummies with higher doses. The less attention you attract, the better.

Bring a Certificate of Analysis (COA)

A COA is a lab report that verifies the contents of your Delta 8 product, including the THC levels. You definitely want this on you if you ever get detained. Keep a printed copy of the COA with your product, or at the very least, have a digital copy easily accessible on your phone. The COA can help you prove that your product complies with federal regulations.

Consider the Form of Delta 8

Edibles, tinctures, and vapes are more inconspicuous than, say, flower, which can easily be mistaken for marijuana. Vapes and tinctures are also more compact and less likely to draw eyes. However, be aware that some airlines have rules about carrying batteries for vape devices, so check those policies before you fly.

Pack Your Delta 8 in Your Carry-On, Not Checked Luggage

TSA is more likely to scrutinize checked bags than carry-ons since the former goes through more intensive screening processes. Keeping your D8 in your carry-on also means you will have it within reach if you need to present documentation like the COA or a doctor’s note.

Be Prepared to Explain Why You Have Delta 8

If TSA or law enforcement questions you about your goodies, know how to calmly and clearly explain what it is and why you have it. Keep your explanation simple and to the point: it is a hemp-derived product that contains less than 0.3% Delta 9 THC, so you are within your federal rights. If it is medically prescribed, have a physician’s note or prescription handy. Avoid getting defensive or making any statements that could be interpreted as admitting to illegal activity (including information about testing positive on a drug test).

Leverage TSA PreCheck or Global Entry

If you travel a lot, we highly recommend signing up for the TSA PreCheck or Global Entry program to speed up your security experience as many users do. Less time in line means less time under the scrutiny of TSA agents. It is not a guarantee that your bag would not be searched, but it certainly reduces that risk. If you are carrying something like Delta 8, every little bit of help counts.

Work with a Cannabis Attorney for Travel Documentation

At the risk of sounding extreme, consult with a cannabis attorney before your trip, especially if you do not want to leave anything to chance. They might help you draft a document that outlines the legality of your Delta 8 product under both federal and state laws. It can serve as a reference if you are questioned by TSA or local cops. Again, this may not work at all but having a legal opinion in writing can sometimes provide some degree of protection.

👉Also Read: Exploring Delta 8 Vape Pens at Laughing Buddha: An In-Depth Guide to Vaping

Travel Confidently with Laughing Buddha Vape Pens and Gummies

State laws are very clear about what you can and cannot do on the ground, but once you reach the airport, things get more complicated. The TSA does not care if your weed or Delta 8 is legal in your state. If they find D8 in your luggage, they might not act directly, but they could still notify local law enforcement, and then you could either get your stash confiscated or get arrested depending on where you are (i.e., which state the airport is located in).

So, if you are thinking about bringing Delta 8 or any cannabis on a flight, do yourself a favor: double-check the laws in both the state you are leaving and the one you are landing in. And remember, just because you can have it does not mean you can fly with it. It might just be easier to leave it at home and pick some up at your destination (assuming it is legal there too and you are not going to undergo a drug test). And if you are planning to use it before your flight, think twice (especially about the slower onset). If you appear visibly impaired, airline staff have the right to refuse boarding.At Laughing Buddha, we have you covered with our 100% federally compliant products that are designed for the discerning traveler. With Laughing Buddha vape pens, cartridges, and disposables, you can leave the anxiety at home. All our products contain less than 0.3% D9 THC, so they are legal to carry on domestic flights. If you have any questions about Delta 8 for beginners or legal regulations, reach out at 304-785-4849 or contact us online.