Can I legally fly domestic with Delta 8 "legal weed"?

January 10, 2023 11:23 AM

I'm flying Puerto Rico via Florida. I use delta 8 THC Cartrige cannabis derived terpenes for my vape pen. These are federally legal, and legal in my state, Florida, and Puerto Rico, but I can't find info on flying with them, and confirming everything is 100% legal. I prefer to use my carts, instead of something purchased at my destination because mine are lab tested, and high purity, and safety. This is my exact product if it helps. I have no affiliation with the company other than it relieves my chronic pain.
posted by maxexam to Law & Government (5 answers total)

The TSA says you can have a vape pen in your carry on (but not checked) luggage.

Re marijuana, the TSA says:
TSA’s 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.

Since your cart is fully legal, the TSA should in theory be totally fine with it. Of course, they can’t tell by looking at it that it’s delta 8 and not regular THC - but they also generally don’t really care.

So, if you are a person who is not generally harassed by the TSA, you will almost certainly be fine. If you are a person who is (probably because of your race / religion / national origin / etc) frequently selected for “random” security screenings and generally subject to a higher level of scrutiny, it’s still legal to bring the carts, but the TSA may give you a hard time, could call the police if they want to, etc. They still probably won’t, but it’s a something to consider when deciding whether to take the carts.
posted by maleficent at 11:39 AM on January 10, 2023

I fly with THC cartridges in my carry on regularly, legal in my state, technically legal at my destination but there’s still some kinks to be worked out so nfs yet. No issues but also not likely to be profiled.
posted by TWinbrook8 at 12:05 PM on January 10, 2023

Given the question (from the TSA's POV) of cartridge contents, can you clean the pen for travel, & buy Delta 8 from the the manufacturer with expedited shipping to your destination?
posted by Iris Gambol at 12:06 PM on January 10, 2023

You can bring them and the pen in your carry on. You might want to bring the original packaging for the cartridges to show what they are if it has any advertising about it being legal/hemp-derived/etc. But people also travel with nicotine cartridges so if it were me (middle aged white lady) I'd probably just pop them in with my travel size liquids.

TSA also might still just toss them. In a similar situation what my travel companions have done is ship cartridges directly to the destination, as Iris Gambol suggests, and just carried on the well-cleaned vape pen.
posted by assenav at 12:14 PM on January 10, 2023

Original packaging for anything medical, whenever possible, is always the way to go.
posted by The Underpants Monster at 5:53 PM on January 10, 2023