The 2018 Farm Bill made hemp-derived delta 9 THC federally legal, but we still wouldnโt recommend taking it on a plane.ย
While the TSA wonโt go out of their way to search for delta 9 in your luggage, if they find your delta 9 gummies or flower in your bags and donโt know itโs legal, theyโre required to report it to law enforcement.ย
TSA officers and police officers arenโt chemists โ they might not understand what makes delta 9 THC legal versus illegal. You might end up being reported to law enforcement, then having to show proof that your product is legal โ chances are, itโs not worth all of that trouble.ย
In this article, weโll answer questions people commonly have about flying with delta 9.ย
Is It Legal to Fly With Delta 9?ย
Yes and no. Delta 9 refers to delta 9 THC, a cannabinoid that naturally occurs in the cannabis sativa plant.ย
Delta 9 THC is illegal on the federal level if itโs extracted from โmarijuana,โ a type of cannabis sativa withย more than 0.3% THC by dry weight.ย
Delta 9 THC is federally legal, though, if it comes from hemp, a type of cannabis sativa containing less than 0.3% THC by dry weight.ย
In either form, delta 9 is legal in some states and illegal in others. But this doesnโt really matter, because the Transportation Security Administration (TSA) generally defaults to using federal law, rather than state law, when making determinations about what you can and canโt bring on a plane.ย
This means that you might run into problems even if youโre flying between two marijuana-legal states.ย
The TSA does allow you to fly with medical cannabis, but there are special instructions.
Therefore, it may either be illegal or legal to fly with delta 9 THC products, depending on which category (hemp, marijuana, or medical) they fall into.
Related: Can You Fly with Delta 8?
Can You Fly with Delta 9 Gummies?ย
Delta 9 gummies containing less than 0.3% THC by dry weight are federally legal, but it is illegal to fly with delta 9 gummies that contain more than this amount of THC.ย
Even if your delta 9 gummies are hemp-derived, though, we donโt recommend you fly with them.ย
TSA agents and local law enforcement might not understand the difference, so thereโs a good chance youโll have to deal with legal complications if or when they discover the product.
If you are going to fly with legal delta 9 gummies, be sure to carry documentation (e.g. a lab report) that proves they contain less than 0.3% THC.
What Does the TSA Say About Delta 9?ย
TSA adheres to federal law when dealing with delta 9. From their website:
โMarijuana 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 or that are approved by FDA (emphasis ours). TSA officers are required to report any suspected violations of law to local, state or federal authorities.โ
Additionally, TSA states that they do not search your bags for cannabis, but if they find it, they are required to report it:
โTSAโs screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.โ
An article from CNBC also stated that the TSA will sometimes account for local laws when deciding whether to report cannabis to law enforcement. If they find an amount that exceeds local limits (which vary widely by state), they will alert local law enforcement.ย
What about medical products?
TSA does allow you to pack medical cannabis in your carry on and checked bags, but there are special instructions. They do not state what these special instructions are, but they do say that an officer will guide you through the process.
Can You Fly Internationally With Delta 9?
Even if youโre flying from a cannabis-legal state (where all forms of delta 9 are legal) to a cannabis-legal country, like Canada, Mexico, or Germany, we do not recommend you take delta 9.ย
The fact remains that TSA in US airports will refer to federal law, which says itโs illegal to carry cannabis products with more than 0.3% delta 9 THC.ย
Even if your product doesnโt exceed this amount, bringing it with you opens the door to questioning and involvement from law enforcement. It might not happen, but it might.
One thing you definitely want to avoid is taking delta 9 to a cannabis-illegal country. In some countries, possession of cannabis can result in jail time or worse.
Can You Fly With Delta 9 in Your Carry-On Baggage?ย
Yes, it is legal to fly with hemp-derived delta 9 THC or medical cannabis in your carry-on baggage.
However, doing so opens the possibility for legal complications. If you are going to put delta 9 in your carry-on, be sure to keep your product in its original packaging and carry lab reports to prove that itโs federally legal.
Can You Fly With Delta 9 in Your Checked Baggage?ย
Yes, you can legally fly with delta 9 in your checked baggage as long as it is hemp-derived or medical cannabis.ย
Just remember that putting delta 9 in your checked baggage may lead to confusion and complications if the TSA agent doesnโt understand itโs legal.
Be sure to keep your product in its original packaging and carry lab reports to prove legality if needed.
How to Fly Safely with Delta 9ย
We do not recommend flying with delta 9 if you can avoid it.ย
However, if you use delta 9 THC products for medical reasons, you might not have any other option.
If thatโs the case, here are some tips to safely with delta 9:
- Know the law: Cannabis with more than 0.3% THC is federally illegal, but legal in many states. TSA may refer to local law when deciding whether to report the found cannabis, but they may also adhere to federal law.
- Keep original packaging: If youโre carrying hemp-derived or medical delta 9 products, keeping them in their original packaging offers one point of proof that they are legal and youโre possessing them legitimately.
- Carry lab reports and/or documentation: If youโre carrying a hemp-derived product, take the lab report so you can answer any concerns about THC content. If youโre carrying a medical product, take your medical card and prescription-specific documentation to show youโre a medical user.
Conclusion: Can You Take Delta 9 On a Plane?ย
You can take hemp-derived and medical delta 9 products on a plane, but we recommend avoiding this unless you canโt for health reasons.
The confusion and complications that can result from a TSA or local law enforcement officer mistaking your legal product for an illegal one simply arenโt worth it in most cases.ย
That being said, bringing thorough documentation minimizes the chance of something bad happening to you if you do need to take delta 9 on a plane.
Can You Fly With Delta 9: Frequently Asked Questionsย
Here are some questions our customers frequently ask us about taking delta 9 on planes.
Can airport security dogs smell delta 9?
Airport security dogs are trained to small cannabis flower, which has a distinct scent due to the terpenes it contains. Delta 9 gummies are made with isolate delta 9, which has no scent. However, the dogs will smell other ingredients in the gummies.
Can I bring delta 9 on an airplane?ย
You can bring hemp-derived delta 9 THC and medical cannabis on airplanes, but you need to keep it in its original packaging and bring lab reports.ย
Can you fly with delta 9 on Southwest Airlines?ย
You can fly with delta 9 products on Southwest Airlines as long as they contain less than 0.3% THC or are legally-prescribed medical products. This is a matter of TSA enforcement, and TSA adheres to federal law.ย
Can you fly with delta 9 on American Airlines?ย
You can fly with delta 9 products on American Airlines as long as they contain less than 0.3% THC or are legally-prescribed medical products. TSA are responsible for checking bags, and they usually adhere to federal law when making determinations about what you can and canโt bring.ย
Can you fly with delta 9 on United Airlines?ย
You can fly with delta 9 products on United Airlines as long as they contain less than 0.3% THC or are legally prescribed for medical use. This is a matter of TSA enforcement, and TSA adheres to federal law.ย