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Delta-8 is a popular THC variant that’s consumed for its ability to relax and calm the user. If you use this variant or thought about using it, you may even consider taking it with you on a plane or across the border. But can you fly with delta-8 oil and gummies? Can you fly with THC at all?
The Legality of THC and Marijuana
As of June 2023, 21 US states have legalized THC (“weed” or “marijuana”) for recreational purposes, and 38 states allow possession for medical purposes. Currently, 13 states are planning to pursue marijuana legislation, although that doesn’t guarantee it’ll become legal.
While many US states have implemented legislation for its visitors and residents, marijuana is still a federal offense and a controlled substance. Possession can come with a one-year jail sentence and a $1,000 fine in some cases, which makes navigating travel rules very confusing.
The Rules Around Flying With THC Products
As long as you purchase THC in a legal state and/or have a medical marijuana card in a non-recreational state, you’re permitted to fly with THC products with some stipulations.
First, it’s a good idea to learn where to shop for Delta products or legal marijuana, as this ensures that your products are safe for consumption. There’s a chance that TSA will test your products, and if it contains illegal substances that aren’t marijuana, you could be detained.
You could also be detained or denied passage if the THC product breaks TSA’s guidelines.
Next, you need to follow TSA’s guidelines for traveling with THC products:
- Federal law prohibits the importation of any amount of drugs.
- While some countries will allow you to import marijuana if it’s under a certain percentage and if you have a medical marijuana card, it’s still a bad idea to take that chance. Even in countries where marijuana use is legalized (i.e., Canada), you have to declare it. If you don’t have an exception from the government, you will be detained at the border.
- When traveling domestically to legal states, you’re allowed to pack most products that contain less than 0.3% THC. No exceptions are made for people with a medical marijuana card. Read the 2018 Farm Bill for details on products that are accepted.
- However, passengers can’t fly with CBD oil derived from hemp, even though it’s been legal since 2018. It’s advisable not to fly with THC oil for this very reason.
- Passengers can place vape pens in their carry-on. They can’t be checked if it contains lithium batteries exceeding 100 watt-hours. You can’t carry vape pens that contain THC; you’re only allowed to carry marijuana paraphernalia, like pipes or bowls.
- Passengers can fly with THC gummies (including Delta-8 or Delta-9 gummies) as long as it contains less than 0.3% THC and you’re traveling to a legal state.
- Airlines are allowed to prevent you from bringing THC on the plane or carry-on luggage, even in legal states. Be sure to contact the airline before flying with THC.
- To be safe, you should keep all THC products in their original packaging and bring your product’s certificate of analysis, or COA, so TSA can confirm the contents of the product.
Keep in mind that TSA officials aren’t trained on how to differentiate between cannabis products. If they consider something suspicious, they may report their finding to law enforcement.
If you’re caught with marijuana or THC products, regardless of airport jurisdiction or state law, they’ll be confiscated. In a legal state, it’s unlikely law enforcement will pursue a fine or an arrest, but it’s up to their discretion. Note that repercussions vary depending on state policies.
Navigating THC and marijuana possession laws when flying and traveling is complicated. As a rule, you should have documentation that states you’re allowed to possess the products and that said products contain less than 0.3% THC. This will help you avoid issues with the TSA.