Can Level 6 Circle of the Moon Druids wild shape into a flying beast

dnd-5edruidflightwild-shape

From reading the rules, it appears that level 6 Circle of the Moon druids should be able to wild shape into a flying beast.

Many sites on the internet suggest that they cannot.

From reading the rules (which are at the end of this post), every time for non-moon druids
at 2 and 4, it calls out non-flying. For moon druids at level 2, it says must check Wild Shape or Beast Shape table.

However, for Moon druids at level 6, no such disclaimer exists. Every other location speaking of CR limits includes fly/swim limits but not here. Does that mean Level 6 Moon Druids can wild shape into flying beasts?

Rules as Written for wild shape for non-Circle of the Moon druids:

Wild Shape
Starting at 2nd level, you can use your action to magically assume the shape of a beast that you have seen before. You can use this feature twice. You regain expended uses when you finish a short or long rest.

Your druid level determines the beasts you can transform into, as shown in the Beast Shapes table. At 2nd level, for example, you can transform into any beast that has a challenge rating of 1/4 or lower that doesn’t have a flying or swimming speed.

… table showing that level 8 can fly (with an example of Giant eagle)

Wild Shape Improvement At 4th level, you can use your action to
magically assume the shape of a beast that you have seen before of
challenge rating 1/2 or lower that doesn't have a flying speed. You
can use this feature twice. You regain expended uses when you finish a
short or long rest.

Wild Shape Improvement
At 8th level, you can use your action to magically assume the shape of a beast that you have seen before of challenge rating 1 or lower. You can use this feature twice. You regain expended uses when you finish a short or long rest.

Circle of the Moon Rules as Written:

Circle Forms
The rites of your circle grant you the ability to transform into more dangerous animal forms. Starting at 2nd level, you can use your Wild Shape to transform into a beast with a challenge rating as high as 1 (you ignore the Max. CR column of the Beast Shapes table, but must abide by the other limitations there).

Starting at 6th level, you can transform into a beast with a challenge rating as high as your druid level divided by 3, rounded down.

…

Circle Forms
The rites of your circle grant you the ability to transform into more dangerous animal forms. Starting at 6th level, you can transform into a beast with a challenge rating as high as your druid level divided by 3, rounded down.

Summary:

DNDBeyond has post suggesting that Moon druids start to get flying at level 8, which seems pretty damning. However the way the rules are written, every other single place CR is listed, it includes flying/swimming restrictions. At level 8 for non-Moon druids, it does not explicitly state they can fly, it just does not say they cannot fly. This is identical for level 6 Moon druids, suggesting they can fly. For other places in the rules, where higher level text does not include verbiage from lower level text, it means the verbiage excluded no longer applies.

Best Answer

No flight before level 8

Several of your quotes were introduced by DND Beyond, but are not present in the PHB. Specifically those that start:

Wild Shape Improvement
At 4th level...

Wild Shape Improvement
At 8th level...

Circle Forms
The rites of your circle grant you the ability to transform into more dangerous animal forms. Starting at 6th level...".

These, lets call them non-features, don't actually exist. They were added to DND Beyond, presumably as reminders that a previous level's feature has changed. In doing so, they restate some of the previous feature while highlighting the changes.

You've identified the pattern that "every other single place CR is listed, it includes flying/swimming restrictions", but this pattern likewise doesn't exist. It's merely an illusion brought about by the non-features.

If it's any solace, you aren't the first to be lead astray by DND Beyond's unnecessary reformatting.

The actual rules

In the PHB there are only two relevant quotes. Wild Shape, which states:

Starting at 2nd level, you can use your action to magically assume the shape of a beast that you have seen before. You can use this feature twice. You regain expended uses when you finish a short or long rest.

Your druid level determines the beasts you can transform into, as shown in the Beast Shapes table. At 2nd level, for example, you can transform into any beast that has a challenge rating of 1/4 or lower that doesn't have a flying or swimming speed.

Beast Shapes

Level Max. CR Limitations Example
2nd 1/4 No flying or swimming speed Wolf
4th 1/2 No flying speed Crocodile
8th 1 — Giant eagle

And Circle Forms, which states:

The rites of your circle grant you the ability to transform into more dangerous animal forms. Starting at 2nd level, you can use your Wild Shape to transform into a beast with a challenge rating as high as 1 (you ignore the Max. CR column of the Beast Shapes table, but must abide by the other limitations there).

Starting at 6th level, you can transform into a beast with a challenge rating as high as your druid level divided by 3, rounded down.

When Circle Forms' last sentence isn't misquoted separately from the rest of the feature (as DND Beyond has done, unfortunately) it is clear that the entire feature is subject to the table's limitations. Hence a Moon Druid can't wildshape into a beast with a flying speed before level 8.

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