Posted on September 8, 2022 by Munchies

As cannabis products become more enjoyable in various forms, travelers are left wondering what’s allowed and what might land them in trouble at the airport. Is it as simple as packing your Delta 9 THC in your bag and going through security? 

Or are there hidden rules and risks you need to know that might make or break your flight? In this article, we’ll find out if it is possible to fly with your Delta 9 THC products and what the things you must prepare for when traveling with them. 

Key Takeaways 

  • While hemp-derived Delta 9 THC products with less than 0.3% THC are federally legal, state-specific laws can impose stricter regulations, so check local laws before flying.
  • When flying, carry certificates of analysis (COA) and medical prescriptions to prove the legality of Delta 9 THC products, especially during TSA inspections.
  • Pack in original packaging to avoid issues, and be prepared to clarify their legality to TSA agents.
  • Storing Delta 9 THC in carry-ons allows easier access for documentation if questioned, while checking baggage reduces immediate scrutiny but poses other risks.
  • One workaround is determining if you can purchase Delta 9 THC products in your destination area. This will save you the hassle of rigorous inspections. 

Can You Fly With Delta 9 THC Products? 

Yes. Flying with your Delta 9 THC products is possible but with certain compliance conditions. Delta 9 THC is legally accepted on a federal level according to the 2018 Farm Bill, given that it is hemp-derived and has 0.3% THC content or lower. 

This legislation removed hemp from the Drug Enforcement Administration’s schedule of controlled substances, creating a legal basis for some Delta 9 THC products. However, state-specific regulations do not default to Farm Bill 2018’s ruling on hemp or cannabis and have their own set of constraints about Delta 9 THC products. 

Man and woman smoking in cafe.

Pexels Photo by RDNE Stock Project

How to Fly with Delta 9 THC Safely

Flying with Delta 9 THC products requires careful consideration of legal regulations, proper packaging, and adherence to TSA guidelines. ​By being informed and prepared, travelers can minimize risks and ensure a smoother journey when carrying these products.​

Know Delta 9 THC’s  Legal Status

Before flying with Delta 9 THC products, it is crucial to comprehend their legal status both federally and at state levels. While hemp-derived Delta 9 THC products containing less than 0.3% THC are federally legal under the 2018 Farm Bill, various states may have differing laws that could affect legality during travel. Therefore, travelers should verify the regulations in both their departure and arrival locations to avoid potential complications.

Appropriate Packaging and Storage

Proper packaging is essential for a smooth experience with Delta 9 THC at airport security. Travelers should keep products in their original packaging, as this helps identify their contents and confirm compliance with legal standards. Additionally, securing the products to prevent spillage or damage during transit will create a hassle-free journey.

Bring Your Necessary Documents 

Having documentation readily available can assist travelers when carrying Delta 9 THC products. Bringing your certificate of analysis (COA) or lab test reports can help demonstrate that the products comply with legal requirements. Moreover, if applicable, carrying proof of medical usage may provide additional protection when dealing with authorities or security personnel.  

These two important documents must have a context where your COA will show the contents of your product, and your medical prescription should state how much THC content you need. It will be easier to show immediately that you only carry enough until you return from your travels. 

Airline Policies

Airline regulations can complicate the legality of flying with Delta 9 THC products. Many airlines adopt strict no-drug policies, including penalties such as removal from the flight or reporting to authorities, regardless of state law. Understanding TSA guidelines and specific airline policies is essential before traveling.

Follow the TSA Guidelines

Travelers should familiarize themselves with TSA (Transportation Security Administration) guidelines regarding cannabis products. Currently, TSA regulations consider cannabis products, including Delta 9 THC, to be illegal substances, which places restrictions on their transportation. Therefore, understanding these regulations and being prepared to address them during security checks is essential for a smoother process at the airport.

While TSA acknowledges that hemp-derived, federally compliant Delta 9 THC products are allowed on flights, the agents may not differentiate between hemp and marijuana THC products, leading to potential misunderstandings during inspections. Always be prepared for questions and present your products in their original packaging to facilitate the process.

Carry-On vs. Checked Baggage

When deciding whether to carry Delta 9 THC products in your carry-on or checked baggage, consider the increased scrutiny that carry-ons may attract. Keeping products in your carry-on allows easier access to documentation, which might be necessary to prove their legality if questioned. Conversely, checking your baggage reduces direct scrutiny but could complicate matters if your items are discovered without the ability to explain their legality.

Be Aware of State Regulations

Since laws regarding Delta 9 THC can vary significantly from one state to another, travelers need to stay informed about local regulations at their destination. Some states may impose stricter rules or outright bans on Delta 9 THC products, regardless of their compliance federally. Being aware of these laws can help prevent legal issues upon arrival.

Check Norml’s Map and Find Out Delta 9 THC’s Legality in Your State

Penalties for Traveling With Unregulated Delta 9 THC Products

Federal Legal Status and Penalties

Under federal law, marijuana-derived Delta 9 THC products remain illegal, which means that individuals caught traveling with these products could face significant federal penalties. This can include arrest and fines based on the Controlled Substances Act. However, hemp-derived Delta 9 THC products containing less than 0.3% THC are legally permissible under the 2018 Farm Bill, but they are still scrutinized by law enforcement during travel.

State-Specific Penalties

State laws relating to Delta 9 THC vary widely. In states where Delta 9 THC is illegal, individuals may face severe penalties if caught traveling with these products. Legal consequences can include arrest, fines, and possible criminal charges. The complexity of state regulations means travelers should be well-informed of their departure and destination states’ laws regarding Delta 9 THC to avoid penalties.

Can You Fly Internationally With Delta 9 THC?

Traveling abroad with Delta 9 THC items is not advisable as it poses a high risk due to varying and unclear laws. Consequences may include fines, jail, or deportation. Some countries allow cannabis, but others prohibit it. For safety, opt for CBD or legal cannabis products that can be purchased at your destination to avoid risks. 

Final Thoughts 

Generally, you can travel with your Delta 9 THC products. But it comes with certain risks. ​Penalties for traveling with Delta 9 THC products can vary greatly based on federal, state, and international laws.​ If caught, individuals could face federal charges, state penalties, and severe global repercussions.

To avoid legal complications, it’s a better route to refrain from traveling with Delta 9 THC products and familiarize oneself with the relevant laws governing departure and arrival locations. If it’s unavoidable not to carry any of your products for medical reasons, ensure you have the proper documentation for inspection. 

(Disclaimer reminder: This article is not medical advice. It is based on anecdotal user experience alone. If you are thinking about incorporating cannabis (delta-8 THC, delta-9 THC, CBD, etc) into your medicinal routine, please consult a healthcare professional. Do not stop taking any prescribed medications without first consulting your doctor.)

Disclaimer: This article reflects the laws of the United States at the time it was written. Because cannabis laws in the United States laws are subject to change at any time, please make sure that you are always staying up to date on your federal, state, and local county’s cannabis laws. Additionally, we are NOT encouraging anyone to break the law––we are simply showing people ways to legally and discreetly bring their cannabis products along with them on their travels so that they may have access to those products when they reach their intended destination.

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