One of the questions that readers often ask when reading a delta-8 carts review is, “Can I travel across state lines with D8?” Many of the articles you read online confidently state that you can. However, few of them bother to explain that delta-8 remains in a legal gray area, despite being federally legal. Therefore, some people may think they can bring a delta-8 cartridge anywhere they like. Before they know it, they’re locked in a jail cell!
This article investigates the truth about traveling with delta-8 cartridges. Hopefully, it will prevent you from encountering unnecessary legal jeopardy.
Is Delta-8 Legal?
Incredibly, the answer is ‘yes.’ In May 2022, the Ninth Circuit Court of Appeals in California made a landmark ruling. It stated that delta-8 THC is legal, citing the rules of the 2018 Farm Bill.
The Farm Bill legalizes the cultivation of industrial hemp, classifying it as Cannabis sativa L. with a maximum delta-9 THC content of 0.3%. It does not mention delta-8 or other minor cannabinoids derived from the CBD in hemp. The result was a loophole that made it difficult to determine whether D8 was legal.
Fortunately for delta-8 sellers, the court decided it was legal if products contained a maximum of 0.3% delta-9 THC. Armed with this knowledge, many delta-8 cartridge users assumed this meant total freedom. In reality, while the substance is now federally legal, states have the power to ban it, and quite a few have decided to proceed.
Can I Cross State Lines with a Delta-8 Cartridge?
Technically yes, but it is a risky endeavor. First and foremost, you must be 100% sure that delta-8 is legal in the states you intend to travel to. We can tell you that approximately 20 states have prohibited the substance or placed severe restrictions on it. States that have outlawed delta-8 include:
- Arizona
- Oregon
- Idaho
- Nevada
- Montana
- New York
- Utah
Suppose you want to travel from California, where there are restrictions on delta-8, to Wyoming, where it appears to be legal for now. You have no route that doesn’t involve visiting a state where your delta-8 cartridge is illegal! Oregon, Nevada, and Arizona have all prohibited the substance!
You could drive down to Mexico, where it is also illegal to sell D8, and come up through New Mexico, where the substance is legal. However, you still need to go through Colorado, where delta-8 is illegal!
Ultimately, if you want to drive with a delta-8 cartridge in your car, it is essential to plan the route well!
Can I Fly with a Delta-8 Cartridge?
If you’re traveling from one state where delta-8 is permitted to another location that also allows the use of the substance, you may get away with it. These days, the TSA allows hemp-derived products with a maximum of 0.3% delta-9 in them, including delta-8 and CBD.
However, while the TSA may allow your delta-8 cartridge on board and aren’t specifically searching for it, they may mistake it for delta-9, which is illegal. Therefore, you can expect airport security to take you away for a thorough search. This process will also involve answering awkward questions. Furthermore, airport security cannot know whether the liquid in the cartridge is delta-8 or an outlawed substance.
Even if you can get out of the situation unscathed, the delay could cause you to miss your flight.
If you get your cartridge and vaporizer through security, you must bring them on the plane. You are not allowed to store vape devices in your checked baggage. Also, don’t even think about trying to vape delta-8 in the airport or on the plane.
Is a Delta-8 Cartridge Travel Friendly?
Vape carts are easy to store and carry, so one might assume they are ideal for travel. However, you’re better off leaving your delta-8 cartridge at home whether you intend to drive or fly to your destination. A growing number of states are restricting or banning the substance.
Rather than taking a risk and bringing the cart with you, go without for the duration of your journey. Alternatively, see if you can find a store that sells delta-8 cartridges if you’re visiting a state where the substance is legal. If you’re planning to stay a while, order online from a reputable D8 seller.