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News > Can I Travel With a Delta 8 Vape Pen?

Can I Travel With a Delta 8 Vape Pen?

Mon, Nov 29, 2021 | Reading Time: 4 minutes

Delta-8: it’s the cannabinoid so great you’ll want to take it with you everywhere! 

That may not be an issue if you live in California and mostly just travel to work and the gym. But traveling with delta-8 vape pens can become pretty tricky if you’re flying across the country or going abroad. In this article we’ll be looking at the main things you need to know about traveling with D-8 vapes. 

  • Traveling with delta-8 THC 101
  • Where you shouldn’t travel with delta-8 vapes
  • Why traveling with D-8 vapes can be tough

Traveling with delta-8 THC 101

Let’s start off with some good news: hemp-derived delta-8 THC is federally legal, and it’s been federally legal ever since 2018’s federal farm bill legalized all hemp-derived cannabinoids. [1]

Even the US DEA seems to agree. In August of this year they declared synthetic delta-8 illegal, but this ruling isn’t necessarily a bad thing. Why? Because it implied that hemp-derived delta-8 THC is okay. 

A leading cannabis law firm explains the legal loophole that makes delta-8 possible: “[...] because the 2018 Farm Bill included hemp derivatives within the definition of hemp, it appears, perhaps unintentionally, to be deemed hemp and not a controlled substance.” [2

Where you shouldn’t travel with delta-8 vapes

It’s okay to travel with delta-8 most of the time, regardless of whether you’re flying, driving, going by train, or rollerblading (hey, cross-country rollerblading is a thing). 

When it comes to flying with delta-8 vapes, you’ll be glad to know that the TSA doesn’t actively look for hemp-derived products to seize and confiscate. They have much more important things to do! 

Even so, you shouldn’t travel with delta-8 vape pens if you plan on flying (or driving) into any of the following states. That’s because these states have deemed D-8 illegal:

  • Utah
  • Iowa
  • Texas
  • Idaho
  • Alaska
  • Arizona
  • Vermont
  • Montana
  • Arkansas
  • Colorado
  • Delaware
  • New York
  • Kentucky
  • Mississippi
  • Washington
  • Rhode Island
  • North Dakota

If you’re not flying or driving into any of the above states, you’re probably okay. Even so, it’s a good idea to double-check state laws before you take your trip. You can even call ahead and ask the airline you’ll be flying on if you can take hemp-derived cannabinoids on your trip. Communication is always a good policy! 

What about global travel with delta-8 vapes?

Doing your own research becomes even more important if you plan to travel internationally with your D-8 vape. Below are several top travel destinations and their delta-8’s laws — though this is by no means a fully comprehensive list. 

Traveling with delta-8 vapes in Canada

Delta-8 THC is fully legal in Canada. Considering that Canadian culture has become very friendly towards cannabis and hemp, you’re unlikely to run into any problems while traveling with your favorite delta-8 vape. [3

Traveling with delta-8 vapes in Mexico

Mexico legalized cannabis in 2021. Hemp-derived cannabinoid laws may not be quite as sophisticated in Mexico as they are in the US, but given cannabis’ legal status you should be in the clear when traveling with delta-8 vapes. Bring along some CBD gummies instead if you want to be extra safe. 

Traveling with delta-8 vapes in Europe

Delta-8 THC is banned in several European countries. Leave your D-8 vape pen at home unless you have savvy friends in the area or are a legal expert yourself. 

Traveling with delta-8 vapes in Africa

Delta-8 THC is considered illegal in most of Africa. That being said, it’s legal in South Africa — this nation has some of the most lenient cannabis laws in the world.  

Traveling with delta-8 vapes in Asia

Delta-8 THC is illegal in most, if not all, of Asia. Some Asian countries have such tight cannabis/hemp regulations that only CBD topicals are permitted. Travel with D-8 at your own risk!

One more thing you should know: in some countries it’s legal to possess delta-8 THC...but illegal to actually bring them into the country. When in doubt, leave your delta-8 THC at home. 

Why traveling with D-8 vapes can be tough

Even in areas where delta-8 THC is fully legal, vape pens may attract more scrutiny than other types of D-8 products. Most airlines only allow vape pens and e-cigarettes in one’s carry-on baggage. Just to reiterate what we said earlier, you might want to talk to your airline before bringing a delta-8 pen onto your flight. 

Some info from Delta Airlines hints that delta-8 may be confused with marijuana: “although Delta Air Lines is aware of various state laws that allow recreational or medical marijuana possession, the TSA has stated that possession of marijuana, even medical marijuana, is illegal under federal law and that it will refer passengers traveling with marijuana to law enforcement authorities.” [4] If you wish to avoid this type of confusion, feel free to bring a copy of your product’s COA along. 

One more friendly suggestion that’s pretty obvious: don’t actually use your vape on the plane. Feel free to get a few puffs in beforehand instead, and stick with gummies or oils if you need to stay blissful during your flight.

Summing things up

At five™ CBD we’re all about helping you feel better — regardless of which part of the world you find yourself in. We hope you’ve found this delta-8 travel guide helpful. Happy vaping! 


Citations

  1. Hudak, J. (2018a, December 13). The Farm Bill, hemp legalization and the status of CBD: An explainer. Brookings. https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/ 
  2. Coats Rose. (2020). Coats and Rose. https://www.coatsrose.com/ 
  3. W. (2021c, September 1). Is Delta 8 THC Legal in Canada? Weed.Com. https://weed.com/articles/product-reviews/delta-8/is-delta-8-thc-legal-in-canada/
  4. Tobacco, E-Cigarettes or Marijuana. (2021). Delta. http://ssp.delta.com/content/dam/delta-www/sorry-server/delta_sorry.html
  5. Tobacco, E-Cigarettes or Marijuana. (2021). Delta. https://www.delta.com/us/en/baggage/prohibited-or-restricted-items/tobacco-ecig-marijuana 

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