Traveling with hemp-derived cannabis products—such as CBD, Delta-8 THC, Delta-10 THC, and other cannabinoids—is becoming more common. However, navigating the legal landscape requires careful planning. While these products are federally legal under specific conditions, state laws vary significantly. This guide breaks down the key regulations, offers practical tips for flying and road trips, and helps ensure your products remain compliant throughout your journey.
Understanding the Legal Landscape: Hemp vs. Marijuana & the 2018 Farm Bill
The foundation of legal travel with hemp lies in the 2018 Farm Bill. This federal legislation legalized hemp, defining it as cannabis containing no more than 0.3% Delta-9 THC by dry weight. This means hemp-derived products—including those with cannabinoids like Delta-8 or Delta-10 THC—are generally permitted at the federal level.
However, legality depends on remaining under that 0.3% Delta-9 THC limit. Products exceeding this threshold are considered marijuana and fall under federal restrictions.
That said, state laws vary:
- State Regulations Differ: Some states impose stricter limits on total THC content (including Delta-8 and Delta-10), or may prohibit certain cannabinoids altogether.
- This Guide Focuses on Hemp-Derived Products: It does not address travel with marijuana, which remains federally prohibited.
Traveling by Air: Navigating TSA & State Regulations
Flying with hemp-derived products carries a lower risk than flying with marijuana—but precautions are still important.
- TSA’s Role: The TSA focuses on aviation safety, not cannabis enforcement. However, if a product appears to contain THC, it may lead to further screening or referral to law enforcement.
- Documentation Matters: Carry documentation that shows your product is hemp-derived and contains less than 0.3% Delta-9 THC:
- Certificate of Analysis (COA) from a third-party, ISO-certified lab.
- Product Label stating the product is hemp-derived.
- Receipt verifying the source of purchase.
- Certificate of Analysis (COA) from a third-party, ISO-certified lab.
- Keep It Handy: Have documentation accessible during screening.
- Labeling Helps: Packaging that clearly states “Hemp Product” and includes a COA can help ease the process.
Brands like Snapdragon Hemp provide examples of compliant labeling and documentation. (This is an example and not an endorsement.)
Traveling by Road: Navigating State Laws
Road travel requires more due diligence because each state sets its own rules regarding hemp-derived products.
- Research Every State on Your Route: Before your trip, understand the regulations for every state you’ll pass through or visit:
- THC Limits: Some states regulate total THC content across all cannabinoids.
- Banned Cannabinoids: Delta-8 or other compounds may be restricted.
- Possession Limits: Some states limit how much you can carry.
- THC Limits: Some states regulate total THC content across all cannabinoids.
- Bring Documentation: Carry printed COAs and copies of relevant state regulations.
- Discreet Storage: Keep your products sealed, secure, and stored out of plain sight and reach.
- Avoid High-Risk States: If legality is uncertain in a state, consider rerouting your travel to avoid it.
Resources like Hemp.com offer state-by-state hemp law guides. (This is provided as an example, not an endorsement.)
Best Practices for Staying Compliant
To travel confidently and legally with hemp-derived products, follow these best practices:
- Buy from Trusted Sources: Choose licensed retailers that provide accurate labels and lab reports.
- Know What’s in Your Product: Carefully read labels to understand the cannabinoid profile and THC content.
- Keep a Paper Trail: Save your receipts and COAs for all hemp-related purchases.
- Stay Informed: Laws can change. Keep up to date with hemp regulations, especially in your destination.
- When in Doubt, Leave It Out: If you’re unsure about the legality of a product where you’re traveling, it’s best to leave it at home.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for personalized assistance with hemp travel laws.
Helpful Resources for Hemp Travel
- NORML – Cannabis laws by state
- Hemp.com – Hemp-specific state law directory
- TSA Travel Guidelines