Can You Fly With Delta 8 Gummies In The US?

Just recently, I was able to fly domestically in Canada with a few THC vape carts. It was a breeze.

But many of my friends down south don’t have that same opportunity. That’s when my co-worker asked, “What about D8? Can you fly with Delta-8 gummies?”

The call went silent. This could be a federally legal loophole that’s been sitting right under America’s nose the whole time. As Delta-8 THC products have surged in popularity, many travelers are wondering if they can legally bring their favorite hemp-derived gummies on flights within the United States.

Sadly, the answer isn’t so simple. It requires unravelling the complex web of federal and state laws, TSA regulations, and airline rules. The scariest part? There can be serious consequences if you’re not careful. Let’s dive in.

The Transportation Security Administration’s (TSA’s) main mission isn’t finding your weed, medical marijuana, cannabis products, or even other illegal drugs. They’re far more concerned with detecting serious threats to aviation security.

According to TSA guidelines, officers don’t specifically search for marijuana or other cannabinoids like Delta-8 products during airport security checks. That said, TSA agents will call local law enforcement officers if they discover marijuana during routine screening or other things that could be illegal under federal law.

Here’s why Delta-8 THC falls into a gray area:

• Cannabis laws state that Delta-8 THC derived from hemp (containing less than 0.3% Delta-9 THC by dry weight) is technically federally legal under the 2018 Farm Bill
• The TSA is a federal agency, meaning it follows federal regulations. Currently, the law allows hemp-derived products within these legal limits
• TSA officers aren’t trained to tell the difference between hemp-derived Delta-8 and federally illegal marijuana products, so they might mistake something illegal as a legal substance, or vice versa

So, what does all this mean?

Flying with Delta-8 gummies involves some risk, even though they’re Farm Bill compliant. TSA generally doesn’t have the equipment or training to test whether your gummies are legal hemp products or an illegal substance.

If you still choose to legally fly with Delta-8 THC, it’s crucial you know the consequences.

We always suggest flying with Delta-8 gummies in your carry-on if you choose to travel with your hemp treats and take the potential risk. Here’s why:

Carry-On Luggage:

• You have control and possession of your products
• Screening is more direct for potential questioning
• You have the chance to explain to TSA agents that it’s Delta-8 THC
• Note that it still requires following the TSA’s 3-1-1 liquid rule if bringing Delta-8 oils or tinctures

Checked Luggage:

• If anything’s detected, agents will open your bag without your knowledge
• You won’t have the chance to explain your products
• Greater risk of loss or theft
• Note that you can’t bring electronic smoking devices in checked bags (vape pens must go in carry-on)

This is your call. If you can discreetly take Delta-8 THC gummies for personal use before a flight and not cause a scene or appear impaired, you should be fine. Just be aware of these notes:

• Most airline regulations won’t let you board if you’re noticeably intoxicated
• Psychoactive effects in a pressurized cabin might intensify anxiety or discomfort

Most popular airlines like American Airlines, Southwest Airlines, Spirit Airlines, Hawaiian Airlines, and New Pacific Airlines all have strict regulations when it comes to boarding while under the influence of intoxicating substances. The same goes for smaller carriers like Breeze Airways and Avelo Airlines.

As of 2025, Delta-8 THC faces tough restrictions or is specifically prohibited in these states:

• Alaska
• Colorado
• Delaware
• Hawaii
• Idaho
• Iowa
• Kentucky
• Massachusetts
• Minnesota
• Mississippi
• Montana
• Nevada
• New York
• North Dakota
• Oregon
• Rhode Island
• South Carolina
• Utah
• Vermont
• Washington
• West Virginia

Always check local regulations for new updates, and laws tend to change like the seasons when it comes to cannabis products and hemp laws.

Local cannabis laws ultimately determine what happens if TSA refers you to police, meaning the same gummies could be legal at your departure airport but could be straight up banned at your destination.

We wouldn’t recommend it. Flying internationally with Delta-8 gummies is much riskier than domestic travel.

Many countries have even stricter laws on cannabis products than the United States. Other countries don’t care if it’s Delta-8 THC, Delta-9 THC, or other cannabinoids. Even though something might be legal at a federal level in the US, that doesn’t mean it’s legal worldwide.

Keep this in mind for your next international trip or upcoming international flights:

• Most destination countries ban any THC products
• CBD products face similarly strict regulations in many countries
• Most countries don’t care about hemp vs. marijuana—both are likely illegal
• Your U.S. citizenship offers limited protection if you’re arrested for drug charges abroad
• Even riding transportation systems through countries with strict cannabis laws can bring on serious legal consequences

You definitely don’t want to get caught with any sort of weed or hemp-derived product in countries like Japan, Singapore, United Arab Emirates. These places have extremely harsh penalties—even prison sentences—just for small amounts of weed or cannabis products.

Exhibit A: Don’t pull a Brittney Griner and bring a THC vape cart to Russia.

If you’re still reading this, you’re likely ready to take the risk and fly with Delta-8 THC. For your sake, we hope it’s domestically, as that’s the easiest way to do it. Just be sure to follow these tips:

1. Keep products in original packaging: It shows you have commercial hemp-derived products and shows lab-verified THC content below the federal legal limit. It’s far less sketchy than a small plastic bag or dollar store container.
2. Bring COA documentation: It definitely helps to have the certificate of analysis showing the product contains less than 0.3% Delta-9 THC.
3. Know your rights: Get to know both federal and state laws around hemp products so you can stand your ground (respectfully), know what’s legal, and discuss anything if questioned.
4. Research your route: Try to avoid connecting flights through airports in states where Delta-8 is specifically prohibited.
5. Try alternative transportation: Train companies and bus services often have less intensive security screening than airlines.

The safe play? Not travelling with weed and buying legal products at your destination. If you’re flying within the United States, there’s a good chance you’re heading to a state where cannabis products are recreationally legal.

But if you still choose to fly with Delta-8 THC, this guide should give you a good idea of what you’re getting into. Be safe, be smart, and enjoy your travels.