It’s a question that confronts those seeking to explore the potential benefits of THCA – “Is it legal?” As laws continue to evolve on cannabis, THC and related compounds in states across the U.S., understanding the regulations can be confusing. Whether you’re looking for relief from inflammation or using hemp-derived products as part of your holistic health routine, worries about legality can derail even the most well-intentioned plans. That’s why we’ve created this comprehensive state by state guide outlining where THCA is legal and what each state permits when it comes to consumption and sale. Get ready to become an expert on whether THCA is legal in your state.
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THCA: A Brief Overview
There’s a lot to digest in this piece, but if you’re short on time but still interested in the essentials of this hot topic in the cannabis industry, we’ve got you covered.
- Tetrahydrocannabinolic acid (THCA) is the cannabinoid that THC develops from.
- When heated (during cooking, smoking, or vaping), THCA changes into the psychoactive compound THC.
- Due to its absence from the list of Controlled Substances, the cannabinoid THCA is legal under the Farm Bill.
- One possible legal loophole for those seeking the psychoactive effects of cannabis is that, depending on the state, THCA products may be more readily available than THC products.
- Where can it be purchased legally? The number of anti-THCA states is much shorter: only Arkansas, Idaho, Minnesota, Oregon, and Rhode Island remain.
- Cannabis law is complicated because it is always changing. Always be informed about the current cannabis laws in your state and cognizant of the penalties that could result from their use.
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The Federal Legal Standing Of THCA
The Food and Drug Administration does not prohibit THCA, so it is technically legal. However, because it is chemically similar to THC, it may be illegal to possess in some states. Here is some information we’ve compiled about where in the United States THCA products are legal.
Alabama: The state of Alabama has very restrictive marijuana laws. For instance, in some states, possessing a delta-9 THC product can result in a six-month suspension of driving privileges. According to current interpretations of federal law, THCA extracted from hemp flowers is lawful provided that it contains less than 0.3% delta-9 THC. But remember to bring along the product’s label as proof that it was made from hemp.
Alaska: The sale and use of THCA is completely unrestricted in Alaska. As one of the first states to do so, Alaska allows adults over the age of 21 to legally use recreational marijuana and grow up to 12 plants for their own consumption.
Arizona: Since recreational marijuana use was fully implemented in Arizona in November 2020, adults will be able to legally buy and consume THCA flower and products made with THCA extract without restriction.
Arkansas: Only those with a medical marijuana license in Arkansas can legally purchase marijuana and related products. Meanwhile, under federal law, both hemp and CBD are completely legal and available for purchase by anyone over the age of 18. Based on a first reading, it would appear that hemp and its extracts containing less than 0.3% delta-9 THC are also permitted. The state has modified the hemp laws to take into account the variations in THC content, even if the finished product is made from hemp that complies with the Farm Bill’s requirements and has less than 0.3% delta-9 THC by weight dried.
California: The Golden State: A place where you can legally partake in THCA use. Many of the largest dispensaries for adult use of cannabis can be found in cannabis-friendly California.
Colorado: As a cannabis-friendly state, Colorado also allows the sale of THCA products. Since it is not classified as a controlled substance in Colorado, THCA is legal for adults to purchase and keep in their possession.
Connecticut: THCA is freely available for purchase and possession by adults in the state of Connecticut, as medical and recreational marijuana use are both legal there.
Delaware: Marijuana was only recently legalized in Delaware. However, cannabis and its derivatives are still illegal in most countries. If produced in accordance with Farm Bill guidelines, THCA can be sold legally.
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Florida: Hemp-derived THCA is legal in Florida, while only delta-9 THC that is not part of the state’s medical marijuana program is prohibited.
Georgia: When it comes to cannabinoids, Georgia’s laws are in line with federal regulations. If it comes from hemp and contains delta-9 THC content of less than 0.3% dried weight., THCA can be sold legally in this state.
Hawaii: In Hawaii, those over the age of 21 can legally purchase hemp-derived THCA products with a delta-9 THC content of less than 0.3% by dried weight. However, you won’t be able to get your hands on any smokable THCA products because of Hawaii’s strict regulations on inhaled cannabis. This means that you may only have access to this cannabinoid through THCA gummies and tincture. Although marijuana and all other forms of THC have been decriminalized in Hawaii, recreational use is still illegal. In case of problems, you should have the product’s labels and any third-party lab tests on hand.
Idaho: The state of Idaho has very restrictive cannabis and THC laws. Hemp and CBD products with zero percent THC are permitted by Idaho law. In contrast to federal law, which permits up to 0.3% THC, this is unacceptable. This means that unfortunately, no legal form of THC is tolerated in this state.
Illinois: In the state of Illinois, THCA is completely unrestricted. In this state, adults over the age of 21 can legally use marijuana for either medical or recreational purposes.
Indiana: Due to the state’s conservative stance on marijuana, both the sale and possession of cannabis are illegal in Indiana. However, the sale of hemp and hemp products complies with federal regulations. Hemp-derived THCA is not explicitly addressed in Indiana’s laws, and there is no blanket prohibition on tetrahydrocannabinol. Your THCA product is legal if it is derived from hemp and contains less than 0.3% delta-9 THC. Always have product labels and independent lab reports on hand.
Iowa: When it comes to cannabis, Iowa’s laws mirror those of the federal government. In addition, it is not a legal marijuana state. Hemp flower containing less than 0.3% delta-9 tetrahydrocannabinol (THCA) is legal to purchase in Iowa because the state has not taken a position on the legality of THCA products derived from hemp.
Kansas: Delta-9 THC, found in CBD and other hemp-derived products, is illegal to purchase or possess in the state of Kansas. But neither the delta-8 nor the delta-10 isomers of THCA are mentioned. You should be fine using a THCA product derived from hemp that contains no THC. Since THCA flower already contains some delta-9 THC in its natural state, it can no longer be used.
Kentucky: Hemp-derived THC products are unregulated in Kentucky, despite the state’s strict cannabis laws. Federal law permits the use of THCA derived from hemp with a delta-9 THC content of less than 0.3%.
Louisiana: The use of any form of THC is illegal in the state of Louisiana. Unless obtained through a medical marijuana program, possession of any amount of delta-9 THC, including in hemp-derived products, is illegal in this state. The legitimacy of THCA extracted from hemp is never addressed. However, any form of THC product could get you in trouble in this state due to its history of harsh marijuana possession charges.
Maine: In 2016, Mainers voted to legalize recreational marijuana use for adults 21 and older. In Maine, THCA products are legally available for purchase.
Maryland: Hemp-derived THCA is not specifically named in the Maryland Controlled Substances Act. However, the delta-9 THC content of THCA products may affect their legality. In 2019, Maryland passed a law decriminalizing possession of small amounts of marijuana, signaling a more progressive stance on the issue. However, cannabis concentrates are still against the law. When shopping for THCA gummies in Maryland, prioritize those made from hemp grown in accordance with federal law and verified by an independent lab.
Massachusetts: The Bay State of Massachusetts welcomes cannabis businesses. If you’re over 21, you can buy THCA products online legally and at some recreational marijuana dispensaries.
Michigan: Marijuana for recreational use was recently legalized in Michigan. Products containing THCA (whether derived from hemp or marijuana) are legal to buy and use in Michigan.
Minnesota: The state of Minnesota is unusual in that it prohibits all forms of THCA, including those derived from hemp or marijuana. All forms of THC are included in the state’s classification of THC as a Schedule I controlled substance. As a result, stores selling THCA derived from hemp may not ship to your location, and you may be breaking the law if you possess any THCA products.
Mississippi: The state of Mississippi, like many others in the United States, has not banned THCA. Rather, the absence of any contrary language renders it lawful. Hemp-derived THC products containing less than 0.3% (of any isomer) are the only kind allowed for sale in the state. The use of THCA flowers or full spectrum concentrates, like raw concentrates or rosin is not an option in this situation. In contrast, edibles containing less than 0.3% THC by dry weight may be lawful in some jurisdictions.
Missouri: Missouri has decriminalized marijuana, but only for medical use. The hemp plants used to make THCA must contain less than 0.3% delta-9 THC in order for the legislation known as the Farm Bill to allow their use.
Montana: Marijuana use is now legal in Montana for anyone over the age of 21. There are no other restrictions on buying THCA products online or at some dispensaries besides the age requirement.
Nebraska: If the delta-9 THC concentration of a hemp-derived product is less than the federal limit of 0.30 percent, then the product is legal under Nebraska’s Bill 657. Since neither medical nor recreational marijuana use is permitted in this state, you must make sure to purchase a high-quality THCA product and keep the results of any relevant third-party lab tests on hand.
Nevada: Since 2020 in Nevada, marijuana use for medicinal and recreational purposes has been legal. In the state of Nevada, THCA is legal to buy and use without restrictions.
New Hampshire: Hemp containing less than 0.3% delta-9 THC is legal to purchase and use in New Hampshire in the form of THCA products. Although recreational marijuana use is not yet legal in New Hampshire, possessing cannabis products containing more than 0.3% THC could result in a fine or even confiscation if you are caught with them.
New Jersey: The sale of THCA products is not regulated in the state of New Jersey. Enjoy your THCA products without fear of arrest in a state where marijuana and hemp are legal for adults over the age of 21.
New Mexico: Despite being decriminalized in New Mexico, marijuana remains illegal there. In accordance with federal law, the state allows the use of cannabis products containing THCA so long as the delta-9 THC content is below 0.3%.
New York: There is no need to worry about purchasing or consuming THCA products from any cannabis source in New York, as the state is the 15th to legalize recreational marijuana.
North Carolina: The distribution and purchase of THCA products derived from hemp are not impeded in the state of North Carolina. Even though marijuana and delta-9 THC have been legalized in California, you should still have your THCA product tested by an independent lab to prove its legitimacy.
North Dakota: When compared to other states, North Dakota’s cannabis laws are among the strictest in the country. However, THCA products derived from hemp with less than 0.3% THC by dried weight should be available for purchase.
Ohio: Although the state of Ohio has not yet legalized recreational marijuana, its regulations on hemp flowers and hemp-derived products are in line with those of the federal government. THCA containing less than 0.3% delta-9 THC should be easily accessible for purchase. However, if anyone asks, you should have the independent laboratory reports on hand.
Oklahoma: In Oklahoma, cannabis is illegal and has been for a long time. Despite being legal in the United States, some people have gotten into legal trouble for possessing delta-8 distillates. THCA products derived from hemp have not been specifically mentioned in state laws, but given the state’s strict stance on other forms of THC, we assume they exist in a legal limbo.
Oregon: For both medicinal and recreational purposes, marijuana is legal in Oregon, but it can only be purchased from state-approved dispensaries. Hemp products sold in Oregon must not contain more than 0.3% THC by dried weight in order to qualify for the state’s hemp program. Because THCA is converted to THC through heat, Oregon has declared that it has the potential to be in violation of the state’s THC limits.
Pennsylvania: According to official state policy, only THCA products containing less than 0.3% delta-9 THC are available for sale in Pennsylvania, which is consistent with federal law.
Rhode Island: A marijuana product containing THCA, regardless of its source, is illegal in Rhode Island because it is a precursor to THC and converts to THC upon heating. In Rhode Island, you need a medical marijuana card to legally buy cannabis with more than 0.3% THC content.
South Carolina: In the state of South Carolina, THCA is not outright prohibited. If the THCA content is less than 0.3% delta-9 THC by dried weight, it is legal in South Carolina.
South Dakota: Recreational marijuana use is still illegal in South Dakota, and the state hasn’t specifically addressed the legality of THCA. Following federal guidelines, South Dakota allows THCA products so long as they are Farm Bill compliant.
Tennessee: Similarly to South Dakota, the legality of THCA has not been addressed in Tennessee. Despite the progress made in the field of medical marijuana, recreational use is still prohibited. In accordance with federal law, THCA products are legal for sale in Tennessee so long as they do not contain more than the legal limit of delta-9 THC.
Texas: The Lone Star State is rapidly approaching full legalization of recreational marijuana use. For the time being, THCA that complies with the Farm Bill is legal in Texas because the state is following federal guidance on cannabis. Moreover, while marijuana is not yet legal, citizens in Austin, Dallas, San Antonio, and Travis County are protected from arrest by a “Cite and Release” law.
Utah: All forms of THC are now considered Schedule I substances in Utah. In the case of THC, this is especially true of its delta-8 and delta-10 isomers. Many Utahns have been getting around this, though, by using THCA products made from hemp that have less than 0.3% THC by dry weight. Caution is warranted due to the uncertain legal status of cannabinoid acids and other THC isomers in this state.
Vermont: The state of Vermont has legalized the sale of cannabis products containing up to 0.3% THC that are derived from hemp. Since delta-8 is considered to be a synthetic form of THC, the state has recently banned all products containing delta-8 THC. Raw cannabis plants contain THCA naturally and contain less than 0.3% THC by dried weight, so this may be acceptable to state law enforcement.
Virginia: In accordance with federal regulations, it is acceptable to use THCA produced from hemp plants with a delta-9 tetrahydrocannabinol (THC) concentration of 0.3% or less in the state of Virginia.
Washington: THCA flower, concentrates, gummies, and oil are all legal in Washington, as are all other forms of cannabis and their derivatives.
West Virginia: THCA products derived from cannabis that complies with the Farm Bill are legal to purchase in West Virginia, but the state has not taken an official position on the issue.
Wisconsin: Marijuana-derived THCA is restricted to medical marijuana patients in Wisconsin. However, because it follows federal guidelines, you can buy THCA made from hemp that complies with the Farm Bill in this state.
Wyoming: Even though the state of Wyoming has some of the most stringent laws on marijuana, there are no known restrictions on hemp-based cannabis products. Products containing THCA and less than 0.3% delta-9 THC are legal to buy and keep in this state. Keep the results of any independent lab tests done on your product handy in case they are ever requested.
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Navigating the Legal Landscape of THCA
The legal status of THCA is complex and ever-changing. It is critical that you stay up to date on local laws as well as national developments in order to ensure that your use of THCA remains compliant and safe. Furthermore, it’s important to understand that sometimes the legal status of a substance can change quickly depending on new regulations or rulings, so it’s always best to stay informed. Additionally, be sure to check with any establishments regarding the consumption of THC or any cannabis-derived products before you assume its legality in any given situation. With that being said, we hope this guide provides some clarity about THC and THCA in all 50 states as well as offering some useful information about what a consumer should know before using these products.
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The information and content in this article are intended for informational purposes only. It should not be a substitute for professional or medical advice. You should always speak with a licensed professional before you follow anything you read online.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.