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Can You Fly with Delta-9 Gummies?

A traveler holds up a gummy on an airplane, showing that you can fly with delta-9 gummies

Yes, you can fly with hemp-derived Delta-9 gummies containing less than 0.3% THC under federal law, but you cannot fly with marijuana-derived Delta-9 gummies due to their illegal status under federal regulations.

Traveling with Delta-9 gummies can be a tricky subject, especially considering the different regulations across states and countries.

Whether you're a frequent flyer or planning your next vacation, it's essential to know the rules about carrying Delta-9 THC products in your luggage.

In this blog, we'll explore everything you need to know about flying with Delta-9 gummies, including the crucial differences between marijuana-derived and hemp-derived gummies, TSA guidelines, international travel considerations, and answers to frequently asked questions.

The Difference Between Marijuana-Derived and Hemp-Derived Delta-9 Gummies

To start off, it's important to discuss the different types of THC gummies for sale, both online and in dispensaries. 

THC gummies is a broad umbrella term that includes gummies that are derived from either marijuana or hemp. 

Also, THC gummies is an umbrella term for all of the different types of THC gummies based on differing cannabinoids. For example, there are delta-8 gummies, delta-10 gummies and obviously delta-9 gummies which are all considered variations of "THC gummies". 

Delta-9 gummies are the most commonly found and used type of THC gummies, so they'll be the focus of this article. 

Delta-9 THC is a cannabinoid found in both marijuana and hemp plants, but the legal status and regulations surrounding these two sources are vastly different.

Understanding the distinction is key to determining whether you can legally fly with your Delta-9 gummies.

Marijuana-Derived Delta-9 Gummies

Marijuana-derived Delta-9 gummies are made from marijuana plants, which contain higher levels of Delta-9 THC—typically above 0.3% by dry weight.

This type of Delta-9 THC is federally illegal under the Controlled Substances Act, although it is legal in some states for medical or recreational use.

Because of its federal classification, you cannot legally fly with marijuana-derived Delta-9 gummies, even if you are traveling between two states where marijuana is legal.

This restriction also applies to flights that cross state lines within the U.S. since federal law governs air travel.

Hemp-Derived Delta-9 Gummies

Hemp-derived Delta-9 gummies, on the other hand, are made from hemp plants that contain less than 0.3% Delta-9 THC by dry weight.

These products are legal under federal law, thanks to the 2018 Farm Bill. The Farm Bill legalized hemp and its derivatives, provided they contain no more than 0.3% Delta-9 THC.

As a result, hemp-derived Delta-9 gummies can be taken on a plane, as long as they comply with the 0.3% THC limit.

TSA Guidelines for Flying with Hemp-Derived Delta-9 THC

The Transportation Security Administration (TSA) has specific guidelines when it comes to flying with cannabis-related products, including Delta-9 gummies.

While the TSA is primarily focused on security threats rather than drugs, they do have rules regarding the transportation of cannabis products.

What the TSA Says About Delta-9 Gummies

According to the TSA, marijuana and marijuana-infused products, remain illegal under federal law.

However, products that contain no more than 0.3% THC on a dry weight basis or are approved by the FDA are allowed.

This means that if your Delta-9 gummies are derived from hemp and contain less than 0.3% THC, they should be permitted in both carry-on and checked luggage.

Best Practices for Carrying Delta-9 Gummies Through Security

When flying with hemp-derived Delta-9 gummies, it’s best to keep them in their original packaging, which should clearly state that they contain less than 0.3% Delta-9 THC.

This can help prevent any confusion or issues if your luggage is inspected.

Additionally, if you have a large quantity of gummies or if they are in a homemade container, it may raise red flags with security, so sticking to commercially labeled products is advisable.

To note, a common occurrence when crossing security checkpoints is TSA agent confusion on what is allowed and what isn't. This is why it's so important to be self-educated on the rules and what you are carrying. Many agents may simply confiscate your delta-9 gummies regardless of the source. If this takes place, you can explain to the officer the difference, but if they are persistent on confiscation our word of advice is to just respect their authority and take the loss. 

At Sunday Scaries, if this happens to you, we'll ship you a brand new bottle free of charge. 

Remember that TSA officers are not looking for drugs, but if they find something that appears suspicious, they may refer the matter to local law enforcement.

If you are questioned about your Delta-9 gummies, being informed and transparent about the contents can help smooth over any potential issues.

6 Tips for Flying with Delta-9 Gummies 

1. Have a Printout of the Certificate of Analysis (CoA):

Carry a printed copy of the CoA showing third-party lab results verifying the THC source and concentration (less than 0.3% THC), which can help clarify the legality of your gummies if questioned. This also shows the agent you are informed and organized, which lessons your chance of confiscation. Most credible hemp brands offer downloadable CoA's on their website for each batch they produce. If they don't you may want to look for another brand. 

2. Keep Gummies in Their Original, Sealed Packaging:

Ensure your Delta-9 gummies remain in their original, sealed packaging to clearly indicate that they are a compliant, commercial product. Most credible brands will showcase "hemp-derived" and the THC content on the label which helps clearly show the agent the contents of the bottle. There are also often a scannable QR code which can send you directly to the lab results. Finally, if the bottle is unopened and not tampered with then the agent will be confident that the gummies in the bottle are the same as what is stated on the package. Try buying from a company with both a heat induction seal and a shrink wrap on the bottle cap to clearly show that it hasn't been opened. 

3. Store Gummies in Your Carry-On:

Place the gummies in your carry-on luggage instead of checked baggage, so you can explain their contents if they are found during a security check. TSA agents have the authority to check your checked baggage, and when they do they leave a flyer inside showing that they've been through your bags. These screening agents are usually super busy and working as fast as they can, so they may just take the gummies without full reading the label on the bottle. There have also been reports of TSA agents stealing cannabis products as they are often not reported to authorities after the fact. So, it's best to take them in your carry-on. That way you can eat them on the flight as well! 

4. Be Transparent and Calm If Questioned:

If asked about the gummies, calmly and transparently explain that they are hemp-derived and legal under federal law, referencing the CoA if necessary. Do not lose your cool and do not cause a scene. Even if you know your stuff and are carrying legally permitted items, it's best to not fight them and just forfeit them for the sake of respecting their job. At the end of the day, they have final say on what can be passed through and what can't.  

5. Limit the Amount You Bring:

Only bring a reasonable quantity of Delta-9 gummies for personal use, typically enough for your trip duration, to avoid raising suspicion or concerns about intent to distribute. This will drastically reduce the chances that the gummies will be found or confiscated. If you're traveling for a long time or maybe moving from one state to the other, it's best to ship your supplies versus carrying them on a plane. 

6. Time Your Consumption Wisely:

Delta-9 gummies are awesome for plane rides, especially long flights or red-eyes. They enable you to relax, feel comfortable in your seat, help the time go by and help induce sleep and keep you slumbered. If you plan to take a Delta-9 gummy before your flight, consume it 15-20 minutes before boarding, allowing time for it to take effect and ensuring you're comfortably settled when it kicks in. That way you're not completely high while still boarding the plane and dealing with the flight process. 

Finally, base your dosing on how long you want the effects to take place. This is all dependent on your flight time, but for beginners a good starting dose is 5mg of THC and just scale up accordingly as needed. 

Flying Internationally with Delta-9 Gummies

Flying internationally with Delta-9 gummies introduces a new set of challenges, as different countries have their own regulations regarding cannabis, both marijuana-derived and hemp-derived. 

What is legal in the United States may be illegal in another country, and penalties for bringing cannabis into a foreign country can be severe.

Know the Laws of Your Destination Country

Before flying with Delta-9 gummies to another country, it is crucial to research the laws of your destination.

Many countries have strict regulations against any form of THC, regardless of whether it is derived from hemp or marijuana. In some places, even small amounts of THC can lead to arrest, fines, or imprisonment.

For example, countries in the Middle East and Asia often have zero-tolerance policies for cannabis, and even CBD products, like CBD-infused gummies, can be prohibited.

On the other hand, some European countries may allow small amounts of hemp-derived products, but this varies widely.

Due to the constantly changing legal environment and the fact that regulating bodies overseas may not properly be informed, we advise against traveling internationally with delta-9 gummies. 

What to Do If You Need Delta-9 Gummies While Abroad

If you rely on Delta-9 gummies for health reasons and are traveling to a country where they are illegal, consider alternative options.

You might explore local legal cannabis products if available or bring a doctor's note explaining your need for the product.

However, be aware that this might not provide legal protection in countries with strict drug laws.

To avoid complications, it is often safer to leave your Delta-9 gummies at home and seek out local alternatives or consult a medical professional about other options before your trip.

FAQs About Flying with Delta-9 Gummies

Can you fly with other THC gummies?

As discussed, the term "THC gummies" refers to all THC gummies within the category, not just Delta-9 Gummies. You can fly with other THC gummies - for more information check out our detailed resource: Can you Fly With THC Gummies in the US and Internationally? 

Can I fly domestically within the U.S. with Delta-9 gummies?

Yes, you can fly domestically with hemp-derived Delta-9 gummies as long as they contain less than 0.3% THC by dry weight. However, you cannot fly with marijuana-derived Delta-9 gummies due to federal law.

Should I declare my Delta-9 gummies at airport security?

There is no need to declare Delta-9 gummies to the TSA as long as they are hemp-derived and within legal limits. However, it's advisable to keep them in their original packaging to avoid any misunderstandings and follow our 6 Tips for Flying with Delta-9 Gummies (listed above).

What happens if the TSA finds my Delta-9 gummies?

If the TSA finds Delta-9 gummies during a security screening, they will likely check if the product is hemp-derived and within the legal THC limit. If the product complies with federal law, you should be able to proceed. If not, the TSA will probably just confiscate the gummies. Worst case scenario is that they may refer the matter to local law enforcement, although, this is extremely rare. 

Can I fly with Delta-9 gummies in my carry-on bag?

Yes, you can carry hemp-derived Delta-9 gummies in your carry-on bag, provided they comply with federal regulations. However, ensure that they are in a clearly labeled container.

Are there any states where I cannot bring Delta-9 gummies, even if they are hemp-derived?

While hemp-derived Delta-9 gummies are federally legal, individual states may have stricter regulations. It's important to check the laws of your destination state before traveling. That being said, they remain federally legal per the 2018 Farm Bill, so feel comfortable flying with them. 

Can I fly with Delta-9 gummies internationally?

Flying with Delta-9 gummies internationally is risky, as many countries have strict cannabis laws. It's best to research the laws of your destination country and consider leaving your gummies at home if there is any uncertainty.

How can I prove that my Delta-9 gummies are hemp-derived?

Keeping your gummies in their original packaging, which clearly states that they are hemp-derived and contain less than 0.3% THC and also printing out the CoA (Certificate of Analysis) from the brand's website, can help prove their legality if questioned by authorities.

Conclusion

Flying with Delta-9 gummies requires a clear understanding of the differences between marijuana-derived and hemp-derived products, as well as the relevant laws and regulations.

While hemp-derived Delta-9 gummies are federally legal and allowed on domestic flights, caution should be exercised when flying internationally, as laws can vary significantly.

By staying informed and prepared, you can enjoy a stress-free travel experience with your Delta-9 gummies.

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