Is THCA Legal in My State?

Oct 20, 2024Posted by: Scott sire

thca

Cannabis laws can get confusing, especially when it comes to specific cannabinoids like THCA. The key thing to understand about THCA is that it’s non-psychoactive until it’s heated and turned into THC, the compound responsible for getting you high. So, how does that affect its legality in your state? Let’s dive into what each state says about THCA legality.


Alabama

Legal
THCA flower is legal here as long as the delta-9 THC content is below 0.3%. Alabama has embraced hemp and doesn’t heavily test finished hemp products for total THC content.

Alaska

Legal
Alaska legalized recreational marijuana years ago, so THCA and its products are completely fine to use and purchase.

Arizona

Legal
Arizona allows THCA for adults since legalizing recreational marijuana in 2020. You’re good to go whether it’s hemp or marijuana-derived.

Arkansas

Legal
THCA from hemp with less than 0.3% THC is perfectly legal here. However, be cautious about THC content as products with more than 0.3% THC are tightly regulated.

California

Gray Area
As of late 2024, California passed emergency regulations banning consumable hemp products with THC. THCA products fall into a tricky category, so it's best to double-check before purchasing.

Colorado

Legal
Colorado’s cannabis-friendly attitude means you can enjoy THCA freely. No restrictions as long as you’re over 21.

Connecticut

Legal
Both medical and recreational marijuana are legal here, making THCA products easy to buy and use.

Delaware

Legal
THCA is legal in Delaware as long as it’s within the federal 0.3% THC limit. While Delaware decriminalized marijuana, THCA products are still regulated.

Florida

Legal
Florida allows THCA as long as the delta-9 THC content stays below 0.3%. You’re free to buy THCA without needing to enroll in a medical marijuana program.

Georgia

Illegal
Georgia has recently tightened its regulations on hemp-derived products, including THCA. In 2024, a bill (Senate Bill 494) was signed into law by Georgia's governor, which effectively closed a legal loophole for THCA. The bill redefined delta-9 THC to include its precursors like THCA, meaning that products containing THCA that could convert into THC when heated are now subject to stricter regulation. This change restricts the sale of hemp-derived products, including those containing THCA, to individuals over 21, and limits the way THCA products are sold and distributed within the state.

Hawaii

Gray Area
THCA is legal here if it’s in tincture or gummy form but smokable THCA products are restricted. You can enjoy THCA as long as it complies with hemp guidelines.

Idaho

Illegal
Unfortunately, Idaho bans all THC forms, including THCA. Hemp-derived products are only allowed if they contain zero THC.

Illinois

Legal
With marijuana legalized for both medical and recreational use, you can easily access THCA products in Illinois.

Indiana

Legal
Indiana hasn’t made a clear statement on THCA, but hemp-derived products with less than 0.3% THC are legal.

Iowa

Legal
THCA is legal in Iowa as long as it’s derived from hemp and meets federal standards of 0.3% THC or less.

Kansas

Gray Area
Kansas restricts all forms of THC but hasn’t addressed THCA specifically. Products with 0% THC are likely your safest bet here.

Kentucky

Legal
Kentucky allows hemp-derived products under federal guidelines, which means THCA with less than 0.3% THC is legal.

Louisiana

Gray Area
Louisiana has strict THC laws, and it’s best to be cautious about using any form of THCA in this state.

Maine

Legal
Maine’s legalization of recreational cannabis makes THCA completely legal for adults over 21.

Maryland

Legal
Maryland allows THCA as long as the product stays within the federal THC limit. Gummies and tinctures are popular forms of THCA here.

Massachusetts

Legal
Massachusetts is fully cannabis-friendly, so you’re free to purchase and enjoy THCA in this state.

Michigan

Legal
Michigan recently legalized recreational marijuana, making THCA easily available across the state.

Minnesota

Legal
Minnesota legalized recreational marijuana, so THCA is fully available for adults.

Mississippi

Gray Area
THCA derived from hemp is legal, but any product containing over 0.3% THC is tightly regulated in Mississippi.

Missouri

Legal
THCA products are legal as long as they’re derived from hemp with less than 0.3% THC. Medical marijuana is also available in Missouri.

Montana

Legal
Montana legalized recreational marijuana in 2020, so THCA is completely legal for adults.

Nebraska

Legal
Nebraska allows hemp-derived THCA products under federal guidelines.

Nevada

Legal
THCA is legal in Nevada, which has fully embraced recreational marijuana.

New Hampshire

Legal
New Hampshire has decriminalized marijuana and allows THCA under federal hemp guidelines.

New Jersey

Legal
THCA is completely legal in New Jersey since the state legalized recreational cannabis.

New Mexico

Legal
While marijuana is decriminalized, THCA from hemp is legal as long as it complies with federal THC limits.

New York

Legal
New York legalized recreational marijuana, making THCA easily accessible to adults.

North Carolina

Legal
North Carolina allows hemp-derived THCA products, but marijuana is still illegal here.

North Dakota

Legal
THCA from hemp is legal in North Dakota, but marijuana remains heavily restricted.

Ohio

Legal
Ohio recently legalized recreational marijuana, making THCA products available for adults.

Oklahoma

Gray Area
Oklahoma’s strict stance on cannabis puts THCA in a gray area. Proceed cautiously if you plan to buy or use THCA here.

Oregon

Illegal
Oregon considers THCA the same as THC due to its conversion when heated, making it illegal unless purchased through a licensed dispensary.

Pennsylvania

Legal
THCA products that meet federal guidelines are legal in Pennsylvania.

Rhode Island

Legal
Rhode Island allows recreational cannabis, making THCA products legal for adult use.

South Carolina

Legal
THCA is legal as long as the product adheres to the federal 0.3% THC limit.

South Dakota

Legal
South Dakota follows federal hemp guidelines, making THCA legal as long as the product contains less than 0.3% THC.

Tennessee

Legal
Tennessee follows federal guidelines for hemp-derived THCA products.

Texas

Legal
Texas follows federal hemp laws, making THCA legal under the 0.3% THC limit.

Utah

Gray Area
Utah considers all THC isomers as controlled substances, but hemp-derived THCA remains in a gray area.

Vermont

Gray Area
Vermont has banned some THC isomers but allows THCA as long as it complies with federal laws.

Virginia

Legal
Virginia allows THCA as long as the product stays within federal THC limits.

Washington

Legal
Washington is fully cannabis-friendly, making THCA legal for all adults.

West Virginia

Legal
THCA is legal as long as it complies with federal THC limits.

Wisconsin

Legal
Wisconsin allows THCA under federal hemp guidelines, but marijuana remains illegal here.

Wyoming

Legal
Wyoming’s laws allow THCA products as long as they contain less than 0.3% THC.

 


As you can see, while many states allow THCA under hemp regulations, it’s always good to check for updates in your area. Remember, THCA becomes THC when heated, which is why it’s crucial to stay within legal limits and be mindful of state-specific rules.