Users following the cannabis industry know that delta-8 tetrahydrocannabinol (THC) is a cannabinoid that some claim is legal due to loopholes. But if you’re new to cannabis, you might be confused, and this article is a discussion of delta-8 gummies.
Delta-8, like (regular THC), binds to the endocannabinoid system, causing users to feel high. In their chemical structures, delta-8 and delta-9 share a double bond. This same high is thought to be caused by this double bond. It’s the placement of the double bonds in the two THCs differs. The double bond in delta-8 is on the eighth carbon, whereas it is on the ninth in delta-9. Delta-8 unusually binds to the endocannabinoid system due to its double bond. This is why delta-8 is less potent than THC. However, more research on delta-8 and its effects on the body is required. Delta 8 THC is federally legal so it can be bought almost anywhere. What are the rules for flying with Delta 8 THC? This article discusses whether one can fly with Delta 8 THC and rules to follow if any.
Is Delta-8-THC Legal?
An oversupply of hemp drove down CBD prices, and synthesizing delta-8 THC became a way for farmers and extractors to use that surplus and make money. The 2018 Farm Bill has made it legal to manufacture and sell products containing delta-8 THC. The 2018 Farm Bill removed hemp from the DEA’s controlled substance list and gave it to the USDA to grow and harvest. Johnson (2019), noted that the Farm Bill specifically defined hemp as Cannabis sativa L. or any part of the plant with delta-9 Tetrahydrocannabinol (THC) levels less than 0.3 percent by dry weight. Of course, delta-8 THC had no threshold or restrictions. ‘Hemp’ is restricted to materials derived from the plant Cannabis sativa L., so the AIA has no impact on synthetically derived tetrahydrocannabinol control status (for Controlled Substance Code 7370). The concentration of 9-THC in synthetic tetrahydrocannabinols does not determine whether they are controlled substances. Synthetic tetrahydrocannabinols are still controlled substances. The DEA doesn’t define synthetic tetrahydrocannabinols, so proponents argue that delta-8 THC derived from hemp is also not a controlled substance. Currently, the FDA has not taken any action against delta-8 THC products.
Can You Fly with Delta-8 Gummies?
According to Gmerek (2020), Technically, because it is federally legal, you will not face any problems with the federal government if you fly Delta 8 THC across state lines. In many cases, flying with Delta 8 is perfectly fine, but you may need to follow certain rules regarding its storage during the flight. Flying with Delta 8 is legal when flying to and from areas where Delta 8 is permitted, as long as the airline you choose does not expressly prohibit Delta 8 products. The legal status of Delta 8 THC does not necessarily clarify the rules for flying with it. The TSA does not specifically mention Delta 8, but it states that they are not looking for it. The TSA isn’t looking for your Delta 8 products or any other hemp products you might have stashed away in your luggage, but does that mean you can bring them with you? It’s a bit of a grey area, depending on how the TSA’s cannabis regulations are interpreted. Some of the states where delta-8 gummies are considered illegal include Alaska, Iowa, Mississippi, Montana, Rhode Island, Utah, Idaho, Delaware, Colorado, Arkansas, and Arizona.
TSA Screening Procedures for Delta-8
While screening luggage and carry-on items, the TSA does not specifically look for delta 8 THC products. They only look for things that could jeopardize the safety of the passengers and the planes. In most cases, TSA security officers are not looking for marijuana or illegal narcotics in people’s possessions. Previously, the TSA prohibited all marijuana products, including cannabis-infused products. Mead (2017), discovered that following the passage of the 2018 Farm Bill, the TSA began to allow products containing less than 0.3 percent delta 9 THC. As a result, delta 8 THC is no longer classified as a controlled substance. To be on the safe side, avoid bringing anything that looks like cannabis or marijuana paraphernalia. A product containing delta 8 THC may be mistaken for a product containing delta 9 THC. Alexander (2019), noted that TSA agents test your product to ensure it contains less than 0.3 percent delta 9 THC. Bringing delta 8 gummies onto the plane is best to avoid these hassles. Delta 8 gummies appear to be harmless because they resemble regular gummy candies. TSA agents will be much less suspicious of gummies than vape cartridges and oil tinctures.
Flying With Delta-8 Gummies Internationally
Cannabis products in any form are illegal in the majority of countries. Before traveling, it is best to do some research on the laws of those countries. Although cannabis is legal and decriminalized in some countries, there may be laws prohibiting the possession of cannabis and related paraphernalia. When we refer to cannabis products in any form, we refer to the majority, if not all, hemp-derived products. Some countries are loosening up and embracing CBD products, but it all depends on the country you’re visiting.
Storing Delta-8 Gummies for a Flight
Pay close attention to how you pack your delta-8 gummies for air travel. Because not all products are created equal, always check for instructions or use discernment to see if there is anything one can do to make oil, vape, or edibles even safer. Another factor to consider is the product’s nature. Some Delta 8 items cause less fuss than others. Because the TSA is already suspicious of vape and battery-activated items, vape cartridges with batteries are far more likely to be identified. On the other hand, a bag of gummies appears to be completely harmless in a suitcase. It is always advisable to place them in your carry-on bag and be prepared to show proof of legality if necessary.
Delta-8 is an isomer of delta-9 THC and is psychoactive, although to a lesser degree than its counterpart. In the United States, delta-8 is federally legal, although some states have banned any THC products. Therefore, one can fly with delta-8 gummies as long as they adhere to TSA’s packaging rules and travel with these substances. However, always carry your documentation with you just in case to avoid conflicting with the airport authorities. All in all, it is prudent to research the legal status of delta-8 gummies at your destination.
Alexander, D. (2019). A Technical Guide: Cannabis, Related Products, and Control
Gmerek, J. (2020). Marijuana and Its Movement: Issues with Transporting a Legally
Ambiguous Substance. Drug Enforcement and Policy Center, (21).
Johnson, R. (2019). Defining hemp: a fact sheet. Congressional Research Service, 44742.
Mead, A. (2017). The legal status of cannabis (marijuana) and cannabidiol (CBD) under
US law. Epilepsy & Behavior, 70, 288-291.
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