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Traveling with Delta-8 and CBD

Traveling with Delta-8 and CBD

By Daron Babin - September 15, 2021

As traveling resumed after the COVID-19 pandemic, travelers wanted to board the plane with their secret weapon in order to keep anxiety, muscle aches, and fatigue at bay while crossing borders. Though the country hasn’t fully returned to pre-COVID traveling, the soaring vaccination rates and decreasing COVID cases show that the country will soon get back into the travel game.

In the wake of travel resumption, a lot of questions have emerged regarding traveling with CBD and Delta 8 i.e. is it legal to travel with them across the country? is it legal to carry them while traveling abroad? Here’s all you need to know about CBD, Delta 8, and rules regarding traveling with them:

What is Delta 8 and CBD?

Delta 8 and CBD are two of 113 identified cannabinoids, compounds present in the cannabis plant. Delta-8-tetrahydrocannabinol (delta-8-THC) is the primary psychoactive ingredient in cannabis that is responsible for producing a high.

Both THC and CBD possess antiemetic (inhibiting nausea and vomiting), anxiolytic (reducing anxiety), analgesic (pain-relieving), and neuroprotective properties that technically make them a must-have for traveling. However, the legality and traveling rules regarding Delta 8 and CBD make the entire thing quite tricky.

Traveling with CBD

Within the United States, traveling with CBD is possible as long as you make sure that your CBD products contain less than 0.3% of THC. As most CBD products contain THC, you need to make sure that you carry the ones that contain less than 3 ounces. A CBD vape can be carried through airport security in your carry-on, however not in your checked luggage.

TSA Rules for CBD

Though it’s normally assumed that hemp-derived CBD is legal in every state under the federal law as long as the THC levels don’t exceed 0.3%, CBD occupies a large gray area as some states e.g. Idaho and Nebraska regulate it as Schedule 1 substance i.e. drugs with high abuse risk like marijuana, heroin, ecstasy, etc. Almost every state has its own Controlled Substances Acts (CSA) which normally correspond to the federal CSA, however, there are some exceptions.

According to the official website of the U.S. Transport Security Administration, you can carry hemp-derived or FDA-approved CBD oil on planes if it contains less than 0.3% THC. As most commercial products are formulated according to this legal limit, you should not have any problem flying with your CBD. Though the luggage is electronically screened for potentially dangerous items, it ultimately depends on the inspection of TSA agents. TSA agents are not able to tell immediately if a product contains more than 0.3% THC. Therefore, you may have to wait for hours to get the inspection done. A time-saving alternative would be to print off the official testing done by the manufacturer to prove that the amount of THC is less than 0.3%. Some of the best CBD products have their test reports published on their web pages.

Though the TSA normally doesn’t screen the luggage for drugs, the drugs discovered during the screening are handed over to law enforcement officials if they are not legal. If you’re carrying CBD merely for its antiemetic and anxiolytic effects, you might want to carry CBD gummies as they are less likely to be individually inspected. Nevertheless, they are perfectly legal and carry less than 0.3% THC. CBD oil and creams are more likely to be inspected by TSA agents. Therefore, if you are only carrying CBD to fight off nausea and vomiting that come with air travel, you should stick to gummies.

Traveling with Delta 8

Delta-8-THC is not prohibited under federal law as determined by the 2018 Farm Bill. The legal status of Delta-8-THC at the federal level makes it perfectly okay to travel with Delta-8. However, there are certain rules that need to be followed regarding how to store it while traveling. The rules are outlined by the U.S. Transportation Security Administration.

Additionally, there may exist slight variations in rules and guidelines depending on the airline you’re traveling with. Some airlines specifically prohibit Delta-8-THC products. Similarly, you might want to check with state laws before you fly. There’s a chance that state laws regarding Delta-8 vary between your departure and destination states.

TSA Rules for Delta 8

Though hemp-derived Delta-8-THC products are legal in all 50 states across the country, the permitted quantity of Delta-9 (a more potent cousin of Delta-8) in the product is less than 0.3%. You can get in a lot of trouble if you carry a product that doesn’t contain it within the permitted amount.

Before you board the plane, your luggage is screened for things that threaten the security of the passengers and the plane. The TSA does not specifically screen your luggage and carry-on items for Delta 8 as it is not a controlled substance i.e. a drug whose manufacturing, possession, and use are regulated by the government. There is nothing particularly prohibiting you from carrying Delta-8 on the plane as long as it’s within the permitted amount.

After the passing of the 2018 Farm Bill, people have not been very careful when it comes to carrying cannabis-infused products while traveling. It’s advised that you read the ingredients label of all the products you’re carrying to prevent any unpleasant run-ins with law enforcement officials or airport security. People often wear multiple pain patches while traveling to alleviate the muscle aches that come with long flights. As pain patches are often infused with cannabis products, it’s always better to read the ingredient label to make sure you’re in the clear.

The safest thing to do is to not carry any cannabis-infused product with you as it often comes with a lot of hassle. At times, products containing Delta-8-THC may be confused for Delta-9-THC. In these situations, you may have to wait several hours as TSA agents test your product to ascertain it has less than 0.3%of Delta-9-THC. Delta-9-THC is illegal under federal law. However, many states have found workarounds against its federal legal status. Among Delta 8 products, gummies look more innocent than vapes or oil tinctures.

The TSA has an entire section called “What Can I Bring?” dedicated to let travelers know what they can and cannot carry while traveling. You might want to give it a read before you pack your bags to board a plane.

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