Can You Fly with Delta-8 in 2025? TSA Rules & Airline Policies

Plane getting ready to take off

Key Takeaways:

  • Delta 8-THC is often regarded as federally legal under the 2018 Farm Bill when derived from hemp with no more than 0.3% Delta-9 THC, though state laws can vary significantly, potentially creating challenges during air travel.
  • TSA guidelines appear to permit hemp-derived products with no more than 0.3% Delta-9 THC, but Delta-8 THC isn’t explicitly mentioned, and agents may refer items deemed suspicious to local law enforcement depending on state regulations [1].
  • International travel with Delta-8 is generally not advisable due to strict drug laws in many countries, where hemp-derived THC may still be subject to severe penalties.

Wondering if you can bring Delta-8 on a flight in 2025? While Delta-8 THC is federally legal, rules change from state to state, making air travel with it tricky. Even with top-quality, compliant products like those from Earthy Select, you’ll need to know the latest TSA guidelines and airline-specific policies. This article breaks down what you need to know before packing Delta-8 for your trip, helping you stay informed and travel with confidence.

Legal Status of Delta-8 THC in 2025

As we move through 2025, the legal standing of Delta-8 THC continues to be a nuanced issue. Under federal law, Delta-8 is typically considered permissible under the 2018 Farm Bill when derived from hemp and containing no more than 0.3% Delta-9 THC [2]. However, the DEA has indicated that synthetically derived cannabinoids might not fall under this protection, which introduces some ambiguity regarding Delta-8’s long-term status [3] [4].

At the state level, regulations are often inconsistent. Certain states, such as Colorado, New York, and Idaho, have explicitly restricted Delta-8, while others allow its sale and possession under specific conditions. This fragmented landscape suggests that traveling with Delta-8 across state lines may carry risks, as legality in one location does not guarantee compliance in another [5]. Until clearer federal guidance emerges, the status of Delta-8 THC in 2025 is likely to remain fluid and dependent on specific jurisdictions.

Current TSA Regulations on Delta-8 THC Products

TSA guidelines generally allow hemp-derived products with no more than 0.3% Delta-9 THC to be transported on flights, in alignment with federal law under the 2018 Farm Bill. However, Delta-8 THC is not explicitly addressed in TSA policies. While TSA’s primary focus is on security concerns rather than drug enforcement, items that appear suspicious—such as Delta-8 products resembling marijuana—may be referred to local law enforcement, where state laws could apply [1] [6].

For those considering flying with Delta-8, it may be prudent to keep products in their original packaging, accompanied by a lab report or Certificate of Analysis (COA) demonstrating compliance with federal THC limits. Additionally, researching local laws at both departure and arrival airports is recommended, as enforcement practices can differ. When uncertainty arises, a cautious approach to traveling with Delta-8 THC products is typically advisable.

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International Travel Considerations for Delta-8 THC

Traveling internationally with Delta-8 THC may involve significant risks. While Delta-8 may be regarded as legal under U.S. federal law when derived from hemp, many countries do not make distinctions between types of THC or their origins. Destinations such as Canada, the UK, Japan, Singapore, and much of Europe often enforce stringent drug laws that classify cannabis products as prohibited, regardless of hemp derivation or potency levels [6]. Consequences could range from confiscation to fines, detention, or more severe penalties.

Customs officials are typically unlikely to differentiate between hemp-derived Delta-8 and marijuana-derived THC, meaning any detectable THC could result in complications. Even if specific airline policies on Delta-8 are unclear, the laws of the destination country are likely to take precedence, increasing potential risks [6].

A more cautious approach may be to leave Delta-8 at home when traveling internationally. For example, consider consulting official government resources for your destination’s laws before packing any cannabinoid product. The potential consequences may outweigh the benefits of carrying a substance with such an uncertain legal status.

Customs Control

Traveling internationally with Delta-8 THC in 2025 may pose considerable challenges. Many countries tend to view all forms of THC as prohibited, and customs officials are often unlikely to offer leniency. Consequences could vary from confiscation to fines or detention. Even layovers in regions with strict drug policies might introduce risks [6]. A prudent choice may be to avoid bringing Delta-8 on international trips.

Potential Risks

Traveling with Delta-8 THC may involve both legal and practical considerations. While it is often recognized as federally legal when derived from hemp with no more than 0.3% Delta-9 THC, TSA agents might still flag items, and outcomes could vary depending on the airport or individual officer. Certain states have imposed outright bans on Delta-8, which could lead to fines or legal concerns at your destination [6]. Products might also draw attention during security screenings or risk leakage. Until regulations become more uniform, carrying Delta-8 on a flight may be viewed as a calculated risk.

Travel Corridors

Flying with Delta-8 in 2025 generally requires a thorough understanding of the policies for each airport and airline along your route. While TSA is not actively searching for cannabis products, if Delta-8 is discovered, they may defer to local authorities, making state laws a significant factor [1] [7]. What may be permissible in one state, such as California, could potentially lead to issues in another, like Texas. Also, some agents may not fully understand the legal differences between Delta-9 vs Delta-8 THC, further complicating outcomes.

Your travel itinerary is also worth considering. For example, layovers in states with stricter regulations might present challenges, even if you remain within the airport. Airlines could have their own policies as well, with some potentially prohibiting all cannabis products regardless of local laws. For international flights, bringing Delta-8 is especially risky due to the possibility of severe penalties [6]. Thus, it’s crucial to research laws and policies for your entire journey, as this can help make your trip go more smoothly if you hope to travel with Delta-8.

Why Documentation Doesn’t Always Help

If you’re considering bringing Delta-8 on a plane in 2025, it’s worth noting that even with lab reports or paperwork, TSA agents are not tasked with interpreting cannabis regulations—they adhere to federal guidelines and security protocols. Due to Delta-8’s legal complexity, airlines or security personnel might still confiscate it, regardless of supporting documentation [6]. While having such paperwork may be helpful, it does not necessarily ensure a seamless experience through security with your Delta-8.

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Packing Tips for Traveling with Delta-8 Products Domestically

For those traveling with Delta-8 within the U.S., a few preparatory steps may be beneficial. For example, it may be wise to keep Delta-8 products in their original, labeled packaging to demonstrate compliance with federal law (hemp-derived and containing no more than 0.3% Delta-9 THC). Where possible, packaging that includes a QR code or lab results could provide additional reassurance.

Storing Delta-8 in your carry-on rather than checked luggage may facilitate easier access during security checks, but this will not necessarily be the case. Also, keeping quantities to personal use and placing items like Delta-8 Vape Cartridges, Disposable Vapes, or edible edibles in clear bags might help minimize misunderstandings. In other words, reducing the likelihood of raising suspicion could contribute to a smoother process.

Perhaps most importantly, verify the laws at your destination before travel—some states fully prohibit Delta-8. A brief review of local regulations could help avoid potential issues or confiscation.

Know Your Product’s Format

When addressing TSA rules and airline policies for Delta-8, preparation extends beyond legal details to practical considerations. In other words, understanding your product’s format—whether it’s a vape cartridge, edible, tincture, or flower—is often helpful, as each type may raise different concerns during security checks. Vapes are typically subject to e-cigarette regulations and may need to be in carry-on luggage due to lithium battery guidelines [1]. Edibles might resemble regular food items, which could prompt closer inspection by TSA in some cases. Thus, familiarity with what you’re carrying and readiness to explain it if questioned may be advantageous.

Keep Original Packaging

Retaining the original packaging is a prudent measure. Such packaging frequently includes batch numbers, lab results, or QR codes linking to certificates of analysis (COAs) that may demonstrate the product’s Delta-8 or Delta-9 content and compliance with federal hemp laws (0.3% or less Delta-9 THC).

Documentation Is Your Friend

Without supporting documentation, a product might be viewed as unidentified, potentially leading to extended discussions with security. If original packaging isn’t available, having printed lab reports, purchase receipts, or screenshots of the product page that confirm the product’s legal status could help. In other words, documentation may serve as a helpful resource, potentially easing interactions with TSA and reducing the likelihood of confiscation.

Separate and Secure

It’s important to keep your Delta-8 items organized and securely stored. For example, avoiding placement of Delta-8 products in cluttered bags where they might mix with other items could prevent unnecessary attention. Using a dedicated, clear plastic bag or small case—easily accessible for inspection—may be practical in this regard. Also, some advise keeping items in your carry-on rather than checked luggage, which may allow for direct explanation if questions arise.

Don’t Forget Local Laws 

Local laws are another factor worth considering. While federal compliance under the 2018 Farm Bill may apply nationally, individual states often have their own regulations. For instance, some states prohibit Delta-8 entirely, even if hemp-derived, while others may impose limits on possession or specific formats [4]. Hence, before traveling, research the laws at departure, layover, and destination points. A product deemed legal in one location might pose challenges elsewhere. Staying informed about these variations could prevent unintended consequences beyond simple confiscation, such as fines or other penalties [6].

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Carry-On vs. Checked Luggage for Delta-8 Products

Traveling with Delta-8 THC products often requires careful thought, particularly when deciding between carry-on and checked luggage. While hemp-derived Delta-8 may be federally legal with no more than 0.3% Delta-9 THC, state variations and airline or TSA practices can introduce complexities [2].

Bring It With You (Carry-On)

Opting for carry-on luggage may provide greater control over your items, allowing you to present documentation if needed. However, security checkpoints will be encountered directly, so it’s often suggested to pack Delta-8 products in their original, clearly labeled packaging. Having a Certificate of Analysis (COA) to demonstrate legality and keeping quantities minimal might reduce the likelihood of additional scrutiny [6].

Stow It Below (Checked Luggage)

Choosing checked luggage may offer more privacy since inspections occur out of sight, though bags remain subject to review. If items are discovered, confiscation is possible, particularly when traveling to states where Delta-8 is restricted, and additional issues could arise if luggage is misplaced. Using original packaging and documentation, and placing items discreetly among clothing, may be prudent even in checked bags.

Travelling Tips for Both Options

Regardless of the choice, researching laws at both departure and arrival locations and keeping documentation accessible is often recommended [7]. Ultimately, air travel with Delta-8 may be manageable with appropriate preparation, though minimizing risk by carrying only essential amounts would be a cautious approach.

Final Thoughts

Traveling with Delta-8 in 2025 may present certain challenges. While hemp-derived products are often considered federally legal under specific conditions, airport and state regulations can differ, and airlines might have their own guidelines. Checking the rules at departure and arrival points, as well as staying updated on TSA policies, is generally advisable before flying.

At Earthy Select, we strive to provide safe, compliant Delta-8 products made from premium, organically grown hemp. Wherever your travels lead, staying informed about regulations and traveling responsibly can help ensure a smoother experience. Wishing you safe journeys ahead!

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Frequently Asked Questions About Flying with Delta-8 in 2025

Delta-8, CBD, and THCa are generally governed by hemp regulations, though Delta-8 may attract more attention at airports due to its psychoactive properties. CBD often encounters fewer challenges. TSA typically focuses on federal compliance, which means no more than 0.3% Delta-9 THC [1]. However, airline policies and state laws should be reviewed before travel, as federal acceptance may not align with local restrictions [7]. 

TSA does not explicitly define a limit for Delta-8, though carrying amounts consistent with personal use is often suggested. Larger quantities might draw attention and lead to further inspection. Using sealed, clearly labeled products, such as those from Earthy Select, which are tested and documented for federal compliance, may help streamline the process.

Several states have imposed bans or restrictions on Delta-8, including Alaska, Arizona, Colorado, Idaho, New York, and others. Traveling through or to these areas with Delta-8 may lead to complications. Therefore, checking local regulations for your entire route before departure is often advisable [4] [7].

Yes, the format may influence TSA considerations. Gummies and edibles are typically subject to standard food guidelines. Liquids like tinctures are often limited to 3.4 ounces or less in carry-ons. Vapes may face additional review and are generally required in carry-on luggage due to battery-related policies [1] [6]. Regardless of format, keeping items in their original packaging and clearly labeled can help prevent confusion.

Keeping products in their original packaging and carrying a Certificate of Analysis (COA) to demonstrate legal compliance is often recommended. A receipt or proof of purchase from a reputable source like Earthy Select may also be useful if questions arise during travel.

While TSA is not a law enforcement body, agents may notify local police if an issue arises, particularly in states where Delta-8 is prohibited. However, carrying small, compliant amounts with proper documentation might help reduce the likelihood of escalation [1].

Medical marijuana cards are not typically applicable to Delta-8 for air travel purposes. Its legality during flights is generally determined by federal law rather than state medical programs. Even with a card, relying on clear documentation and adherence to federal guidelines is often suggested [2] [7].

Medical Disclaimer / Legal Disclaimer – Information is provided for educational purposes only. It does not, and is not intended to, constitute legal advice or medical advice. We strive to be accurate and up-to-date, but the legality of cannabinoids and the science of cannabis are continually evolving. The author is neither a legal professional nor a medical expert. Before buying or using any products, you should consult with your local authorities and medical providers.

References:

  1. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana 
  2. https://www.congress.gov/bill/115th-congress/house-bill/2 [2]
  3. https://www.deadiversion.usdoj.gov/fed_regs/rules/2020/fr0821.htm [3]
  4. https://cannabislicenseexperts.com/blog/court-rules-delta-8-thc-from-legal-hemp-is-not-a-controlled-substance/#:~:text=Cannabis%2C%20Cannabis%20Business-,Court%20Rules%20Delta%2D8%20THC%20from%20Legal%20Hemp%20is%20Not,0.3%25%20Delta%2D9%20THC.
  5. https://www.getlegal.com/the-legality-of-delta-8-thc/#:~:text=Because%20delta%2D8%20is%20not,and%20sale%20are%20generally%20illegal.
  6. https://elevateright.com/blogs/learn/can-you-fly-with-delta-8-gummies
  7. https://www.oflaherty-law.com/learn-about-law/are-delta-8-thc-and-delta-9-thc-legal-what-states-dont-allow