Legality of Delta 8 and Flying
The good news is that delta 8 is not considered a controlled substance under federal law. This means that it is legal to bring delta 8 onboard an airplane, as long as the states you enter and exit also allow delta 8. For example, if you are flying from Florida to Ohio, it would be 100 percent legal to bring delta 8 products. That is because delta 8 is legal in both states. However, a state like North Dakota has banned delta 8, and therefore you would not be allowed to enter the state with delta 8 — regardless of transportation method. The TSA specifically states on its 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.” Delta 8 is separate from delta 9 THC thanks to the Farm Bill of 2018. So while delta 9 remains tightly regulated, delta 8 is federally legal and widely available. The easiest way to check the legal status of delta 8 in a state is to click HERE and explore 3Chi’s up-to-date registry.Potential Roadblocks
Although delta 8 is technically legal, the laws surrounding cannabinoids are convoluted, even for people who work in the industry. This means that an average TSA employee likely can’t distinguish between delta 8, CBD and cannabis products, and any mention of “THC” will almost certainly raise some eyebrows. The last thing you want to be doing is answering questions in a dimly lit TSA back-room, so it is best to come prepared to address concerns and provide proof of legality. You should carry the following anytime you plan to fly with delta 8:- A lab report of the product — This will prove that delta 8 contains zero illegal substances. 3CHI publishes lab reports on all hemp-derived delta 8 products and a QR linking directly to lab tests on their product packaging.
- A receipt or proof of purchase — Showing the source will help further legitimize the legal nature of the product.
- A helpful online link — If you bought your product online, the company site will likely have a disclaimer explaining how delta 8 operates and why it is federally legal.