Cannabis products, including CBD and Delta-8, have surged in popularity in recent years due to their perceived therapeutic benefits. As more people incorporate these products into their daily wellness routines, an important question has emerged: Can you legally fly with CBD or Delta-8?
In this blog, we’ll explore the legality of flying with CBD and Delta-8, covering federal laws, Transportation Security Administration (TSA) policies, international travel considerations, and tips for traveling with these products. By the end, you’ll have a clear understanding of the rules so you can travel confidently with NexZen Extracts’ CBD or Delta-8 products.
What Are CBD and Delta-8?
Before we dive into the legalities, it’s important to understand what CBD and Delta-8 are and how they differ.
CBD (Cannabidiol)
CBD is one of the most well-known cannabinoids found in the cannabis plant. Unlike THC (tetrahydrocannabinol), which is known for its psychoactive effects, CBD is non-intoxicating. This means that while it may provide various health benefits—such as pain relief, reduced anxiety, and improved sleep—it doesn’t cause a “high.” CBD is widely available in forms such as oils, tinctures, edibles, and topicals.
Delta-8 (Delta-8-Tetrahydrocannabinol)
Delta-8 is a cannabinoid that has recently gained attention for being a milder version of Delta-9 THC, the compound responsible for the psychoactive effects in marijuana. While Delta-8 does produce a high, it’s typically described as less intense than Delta-9, with fewer side effects such as anxiety or paranoia. Delta-8 is often sold in edibles, vapes, and tinctures, making it a popular option for those seeking a balanced experience.
Now that we’ve clarified what CBD and Delta-8 are, let’s discuss the rules surrounding travel with these products.
Federal Laws on CBD and Delta-8
The 2018 Farm Bill and Hemp-Derived Products
The 2018 Farm Bill legalized the cultivation and sale of hemp and its derivatives, provided that they contain less than 0.3% Delta-9 THC on a dry weight basis. This includes hemp-derived CBD products, which are legal under federal law as long as they meet this THC threshold.
CBD: Legal for Travel Under Federal Law
Hemp-derived CBD products (with less than 0.3% THC) are legal at the federal level, which means that you can legally fly with CBD products across state lines and in most airports in the United States. This applies to CBD oils, tinctures, topicals, and edibles that are derived from hemp.
Delta-8: The Gray Area of Legality
Delta-8, however, exists in a legal gray area. While the 2018 Farm Bill doesn’t specifically address Delta-8, many Delta-8 products are derived from hemp, meaning they technically fall under the same legal framework as CBD. However, individual states have taken varying stances on Delta-8’s legality, and it’s important to understand both federal and state laws before traveling with Delta-8.
As of this writing, several states have banned or restricted Delta-8 products, making it crucial for travelers to check local regulations at both their departure and arrival destinations.
TSA Guidelines for Flying with CBD or Delta-8
The Transportation Security Administration (TSA) is responsible for ensuring safety in airports and aboard flights. While their primary focus is on security threats, they do have policies in place regarding cannabis products, including CBD and Delta-8.
TSA’s Stance on CBD
According to the TSA’s website, CBD products that contain less than 0.3% THC are legal to carry in both carry-on and checked luggage, provided they are compliant with federal regulations. This means that if you’re flying with a NexZen Extracts’ CBD tincture, gummy, or topical, you should be within the bounds of the law as long as the product meets the THC threshold.
However, it’s important to note that TSA officers are not actively looking for cannabis products during security screenings. If a product is flagged for inspection, the officer’s primary concern will be determining whether it violates federal law. If the product is compliant with the 2018 Farm Bill, you should be fine.
TSA’s Stance on Delta-8
Delta-8 is not specifically mentioned in TSA’s guidelines, likely because of its legal gray area. However, TSA officers will follow similar procedures to CBD: if Delta-8 is flagged, the officer will check whether the product is federally legal.
Given that Delta-8’s legality varies from state to state, you may run into issues if you’re flying to a destination where Delta-8 is banned. In these cases, your Delta-8 product may be confiscated, or worse, you could face legal consequences. As a rule of thumb, check both the departure and arrival states’ laws before flying with Delta-8.
International Travel with CBD or Delta-8
While traveling within the U.S. with CBD or Delta-8 is generally manageable, international travel is a completely different ballgame.
CBD and International Travel
CBD’s legal status varies widely around the world. While some countries have embraced CBD and legalized it for medical or recreational use, others have strict regulations that ban all cannabis-derived products. For example, countries like Japan, Singapore, and the United Arab Emirates have zero-tolerance policies for cannabis products, including CBD.
If you’re planning on traveling internationally, research the destination country’s laws regarding CBD. Even if your CBD product is compliant with U.S. law, it may be illegal in another country, and possessing it could lead to severe penalties.
Delta-8 and International Travel
Delta-8 is even more complicated for international travel. Since it’s a newer and less well-known cannabinoid, many countries have not specifically addressed Delta-8 in their laws. However, given that it has psychoactive properties, it’s safest to assume that Delta-8 is not legal in most international destinations. In general, it’s not recommended to travel internationally with Delta-8 products.
Tips for Traveling with CBD or Delta-8
Now that we’ve covered the legal framework for flying with CBD and Delta-8, let’s go over some practical tips to ensure you have a smooth travel experience with your NexZen Extracts products.
1. Check Local Laws
Before flying, research the laws of both your departure and arrival destinations. While CBD may be federally legal, certain states or countries may have additional restrictions or outright bans on cannabis products. This is especially crucial for Delta-8, given its varying legal status.
2. Carry Documentation
For added peace of mind, consider carrying documentation that proves your CBD or Delta-8 product complies with federal law. This could include a certificate of analysis (COA) from the manufacturer that shows the product contains less than 0.3% THC.
3. Know TSA Liquid Limits
If you’re traveling with a CBD or Delta-8 tincture or vape cartridge, make sure the product adheres to TSA’s 3.4-ounce liquid limit for carry-on bags. Anything larger should be packed in your checked luggage.
4. Keep Products in Their Original Packaging
To avoid confusion or suspicion during security checks, always keep your CBD or Delta-8 products in their original packaging. This ensures that TSA officers can easily identify the product and see that it is compliant with federal regulations.
5. Be Discreet
While flying with CBD is generally safe and legal, it’s always a good idea to be discreet. This means avoiding drawing attention to your products and consuming them in a private, respectful manner. The same applies to Delta-8, especially if you’re unsure of the local laws at your destination.
What to Do If Your CBD or Delta-8 Is Confiscated
In the unlikely event that TSA or local law enforcement confiscates your CBD or Delta-8 product, stay calm and cooperative. Explain that the product is hemp-derived and compliant with federal law. If confiscated, there’s usually little legal recourse for getting your product back, so the best course of action is to prevent this scenario by ensuring your product complies with local laws before you fly.
Conclusion: Can You Legally Fly with CBD or Delta-8?
In summary, yes, you can legally fly with CBD as long as it contains less than 0.3% THC and is derived from hemp. CBD is federally legal, and TSA permits it in both carry-on and checked luggage, making it a safe option for domestic travel.
Delta-8, on the other hand, is more complicated. While many Delta-8 products are technically federally legal, their status varies by state. This makes flying with Delta-8 riskier, especially if you’re traveling to a state or country where Delta-8 is banned.
As always, it’s essential to research the laws of your destination, follow TSA guidelines, and travel with documentation to ensure a smooth experience. By following these guidelines, you can confidently travel with your favorite NexZen Extracts CBD or Delta-8 products and enjoy their benefits on the go.
