Is THCA Legal? The State By State Laws in the US

THCA flower is legal in Alabama as long as its delta-9 THC concentration is 0.3% or less by dry weight. The state legalized hemp through SB 225 and does not test finished hemp products for total THC levels. Intoxicating hemp cannabinoids are legal in Alabama and can be purchased by adults aged 21 and over.

Alaska was one of the first states to have legalized the recreational use of marijuana and its cultivation of up to 12 cannabis plants for personal use for adults over the age of 21.

Arizona legalized marijuana for recreational in November 2020, which means you can freely purchase and use THCA flower and products made with THCA extract freely as an adult, regardless of whether it was derived from hemp or marijuana.

THCA, obtained from industrial hemp containing under 0.3% THC, is not categorized as a controlled substance in Arkansas. The state has actively differentiated hemp-derived products with lower THC levels from those with higher THC concentrations, thereby legalizing the possession and use of THCA.
However, it's crucial to remember that cannabis products containing higher levels of THC are still heavily regulated. Users should adhere to Arkansas laws regarding the usage and possession of such products. Additionally, the legal landscape for cannabis products in Arkansas may shift with future amendments to state and federal laws.

(As of 9/25/24) California has swiftly enacted emergency regulations banning hemp derived edibles and other products, following a proposal by Gov. Gavin Newsom just three weeks ago. The new law prohibits the sale of consumable hemp items containing any trace of THC— the psychoactive compound in cannabis—along with other intoxicants like delta-8 THC.

Colorado is also a cannabis-friendly state, so THCA products are legal here. Adults are free to purchase and possess THCA as it's not considered a controlled substance under Colorado law.

Connecticut has legalized medical and recreational marijuana, so there aren't any restrictions on the purchase and possession of THCA by adults.

Delaware only recently decriminalized the marijuana plant. However, marijuana and its derivatives are not yet legal outside of medical use.
THCA is legal as long as it complies with the Farm Bill regulations. Products containing THCA must be hemp-derived and contain less than 0.3% THC by dried weight.

Only delta-9 THC outside of the state's medical marijuana program is illegal, so you can freely enjoy THCA derived from hemp in Florida.

Georgia follows the same laws as the federal government when it comes to cannabinoids. THCA is available legally in this state as long as it's derived from hemp and is within the limits of less than 0.3% delta-9 THC by weight.

You can purchase THCA products derived from hemp and maintain less than 0.3% delta-9 THC by dried weight if you're at least 21 years of age. But you won't be able to legally obtain any smokable THCA products, as Hawaii specifically restricts inhalable cannabis products.
This means THCA tincture and THCA gummies might be your only way to access this cannabinoid. Marijuana and other THC isomers (even derived from hemp) are decriminalized in Hawaii but are not legal for recreational use. It's a good idea to keep the product's third-party lab tests and labels on hand should you run into any hiccups.

Idaho has strict state laws when it comes to cannabis and THC.
According to Idaho state's laws, hemp and CBD products are legal as long as it has 0% THC.
This is different from the federal law, which allows for up to 0.3% THC. This means that, unfortunately, all THC forms are illegal in this state, regardless of their source.

There are no restrictions regarding THCA in Illinois. Marijuana is legal in this state for medical and recreational use for adults aged 21 and older.

Indiana has conservative views surrounding cannabis, so marijuana sale and possession in this state remains illegal. However, it does follow the federal guidelines for the sale of hemp and hemp-derived products.
Indiana hasn't specially addressed the legality of hemp-derived THCA, and there's no language in their laws that stipulates that all forms of tetrahydrocannabinol are illegal.
So as long as your THCA product comes from hemp and maintains less than 0.3% delta-9 THC, you should be in the clear. Keep third-party lab tests and the product label on hand.

Iowa follows the same regulations put forth by the federal government when it comes to cannabis. And it's not a marijuana-friendly state.
Iowa hasn't addressed the legality of hemp-derived THCA products, so as long as your THCA comes from hemp flower with less than 0.3% delta-9 concentrations, you should be safe.

It is illegal to buy and possess any amount of delta-9 THC, including CBD or other hemp-derived products, in Kansas. However, there's no mention of THCA isomers like delta-8, delta-10, or THCA.
As long as you stick to a hemp-derived THCA product with 0% THC, you should be OK.Unfortunately, this means THCA flower is out of the picture, as it naturally contains trace quantities of delta-9 THC.

Kentucky has very strict cannabis laws but doesn't have any guidance on hemp-derived forms of THC products.
Since THCA can be derived from hemp, it's likely legal under federal law as long as it maintains less than 0.3% delta-9 THC.

Louisiana has very strict laws regarding THC products. Possession of any amount of delta-9 THC, including in hemp-derived products, is illegal in this state unless attained through a medical marijuana program.
There's no mention of hemp-derived THCA's legal status. But given the state's history of strict marijuana possession charges, you could find yourself in hot water with any form of THC product.

In 2016, Maine voters legalized recreational cannabis use for adults aged 21 and over, making it a cannabis-friendly state. You can purchase THCA products freely in Maine.

THCA derived from hemp isn't explicitly listed in Maryland's Controlled Substances Act. However, the legal status of THCA products may depend on their delta-9 THC content.
The state made more progressive views towards marijuana in 2019 when Maryland passed a law decriminalizing small amounts of marijuana. However, concentrated cannabis extracts remain illegal.
Your best bet with THCA products in Maryland is THCA gummies made from federally compliant hemp crops, and keep third-party lab tests on hand.

Massachusetts is a cannabis-friendly state. You can purchase THCA products freely online and in select recreational marijuana dispensaries if you're over the age of 21.

Michigan recently legalized recreational marijuana. Michigan residents can enjoy purchasing and consuming THCA products (regardless of whether it was hemp or marijuana-derived) in their state.

As of August 1, 2023, recreational marijuana is legal in Minnesota for adults aged 21 and older. This legalization includes the following provisions:
Decriminalization and Possession Limits: The law fully decriminalizes the possession, use, and home cultivation of cannabis. Adults can legally use, possess, or transport cannabis paraphernalia and possess or transport up to 2 ounces of cannabis flower in a public place.
Regulatory Framework: The new legislation also establishes a comprehensive regulatory framework to manage, regulate, and tax cannabis sales to adults. This includes personal possession of up to 2 pounds of marijuana no longer being a crime.
Statewide Legalization: This move makes Minnesota the 23rd state in the United States to legalize recreational marijuana. The law allows Minnesotans aged 21 and over to possess and use certain amounts of cannabis and cannabis products. However, it's important to note that cannabis remains illegal on federal property.

Under the 2018 Farm Bill, hemp and hemp-derived products with up to 0.3% Delta-9 THC are federally legal. Mississippi adopted this standard through the Mississippi Hemp Cultivation Act (SB 2725) in 2020, allowing the sale and cultivation of hemp products within the 0.3% THC limit. Residents can legally purchase these products both in-state and online. 

Only medical marijuana is legal in Missouri, and marijuana has been decriminalized in this state.
As long as THCA products purchased online are made from Farm Bill-compliant hemp crops with less than 0.3% delta-9 THC, you can enjoy the benefits of THCA.

Montana recently legalized recreational marijuana use for adults 21 years and older. Other than the age purchasing limit, there are no other restrictions to purchasing THCA products online and in select dispensaries.

Nebraska's Bill 657 stipulates that any hemp-derived product is legal so long as the delta-9 THC concentration is below federal limits (0.3%).
This state hasn't legalized medical or recreational marijuana, so it's important that you shop for a reputable THCA product and keep the third-party lab tests on hand.

Nevada has legalized medical and creational marijuana use as of 2020. THCA, regardless of its origin, is free to purchase and use in the state of Nevada.

You can purchase THCA products from hemp legally, as long as it maintains less than 0.3% delta-9 THC.
New Hampshire has not legalized recreational marijuana, so it's important you shop from reputable suppliers that can provide third-party lab testing, as cannabis products with more than 0.3% THC could earn you a ticket or confiscation.

New Jersey doesn't have any restrictions on THCA products. Marijuana and hemp are legal for adults 21 years of age and older, so you can enjoy your THCA products in this state stress-free.

New Mexico decriminalized marijuana, but it's still banned.
The state follows the federal government's guidelines when it comes to the cannabis plant, which means you can enjoy THCA products as long as they contain less than 0.3% delta-9 THC.

New York is the 15th state to have legalized recreational marijuana, which also means you can enjoy purchasing and consuming THCA products regardless of their cannabis source without worry in this state.

North Carolina has no restrictions on the sale and purchase of hemp-derived THCA products.
And while the state has decriminalized marijuana and delta-9 THC, you still want to make sure you have third-party lab tests to prove your THCA product's origins.

North Dakota has fairly strict cannabis laws compared to other states. However, you should be able to purchase THCA products that are hemp-derived with less than 0.3% THC by dried weight.

On November 7, 2023, Ohio became the 24th state to legalize recreational marijuana. The new law allows adults 21 and older to buy and possess up to 2.5 ounces of cannabis and grow plants at home.

Oklahoma has historically strict cannabis laws. There have been accounts of people finding themselves in legal hot water for possessing federally legal delta-8 distillates.
There hasn't been any mention of hemp-derived THCA products in the state's laws, but given strict attitudes towards other THC variations, we'd THCA lives in a legal grey area in Oklahoma.

Oregon has legalized medical and recreational marijuana use, but it's only available through licensed dispensaries. Under Oregon's hemp program, hemp-derived products must not contain more than 0.3% THC by dried weight.
Oregon has stipulated that since THCA is a precursor to THC and becomes THC when exposed to heat, it has the potential to exceed the legal THC limit.

The state stated that they follow the same regulations as the federal government for cannabis, which means only THCA products that contain less than 0.3% delta-9 THC are legal for purchase.

THCA is legal in Rhode Island for personal consumption. The state's laws permit adults 21 and older to use both medical and recreational cannabis. This includes products containing THC and its precursor, THCA. Since THCA is non-psychoactive and part of the cannabis plant, it is covered under these regulations.

THCA isn't explicitly illegal in South Carolina. As far as South Carolina is concerned about THCA, it is perfectly legal as long as it maintains less than 0.3% delta-9 THC by dried weight.

South Dakota hasn't specially addressed the legality of THCA, and the recreational use of marijuana in the state remains illegal.
South Dakota follows federal laws when it comes to hemp products, which means THCA products are legal as long as it's Farm Bill-compliant.

Like South Dakota, Tennessee hasn't addressed the legality of THCA. However, marijuana does remain illegal outside of medical marijuana applications.
Tennessee follows the federal government's laws on cannabis, which means THCA products are available to purchase as long as they maintain the federal delta-9 THC limits.

Texas isn't far away from legalizing recreational marijuana use altogether. For now, Texas follows the federal guidance on cannabis, which means Farm Bill-compliant THCA is legal.
And while marijuana isn't yet legal, Austin, Dallas, San Antonio, and Travis County have a "Cite and Release" law that protects citizens from arrest on marijuana charges.

Utah has listed all THC versions as a Schedule I controlled substance. This namely applies to isomers such as delta-8 and delta-10 THC.
However, there is a workaround for this, as many people in Utah have been using hemp-derived THCA products under 0.3% THC on a dry weight basis.
The legal status of cannabinoid acids and other THC isomers is a bit hazy in this state, so proceed with caution.

Vermont has allowed the sale of hemp-derived cannabis products as long as they maintain the total THC threshold of under 0.3%. Most recently, the state banned all delta-8 THC products, as it regards delta-8 as a synthetically derived THC.
Since THCA is naturally occurring in raw cannabis plants and maintains less than 0.3% THC by dried weight, it could comply with the state's law enforcement agencies.

THCA derived from hemp plants with a total THC (delta-9) concentration of 0.3% or less is legal in the state of Virginia, as the state follows the federal guidance of cannabis law enforcement.

Any and all cannabis products and derivatives are considered legal in Washington, so you can enjoy the benefits of THCA flower, concentrates, gummies, and oil in this state.

West Virginia hasn't made a stance on THCA's legal status, but it seems to follow the federal guidelines on cannabis, which means that it's legal to purchase THCA products from Farm Bill-compliant cannabis.

In Wisconsin, only medical marijuana patients can have access to THCA derived from the marijuana plant.
However, the state follows federal guidelines on cannabis laws, which means you can purchase THCA from Farm Bill-compliant hemp.

Although Wyoming has strict marijuana laws, it doesn't have any legal restrictions statements on hemp-derived cannabis products. This means you can purchase and possess THCA products with less than 0.3% delta-9 THC in this state. However, we recommend keeping the third-party lab tests of your product ready should someone ask about it.