Jump to Your State
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT WA WV WI WY
Here at Vivimu we often get the question “Is this legal?” While everything we sell is legal under the 2018 Farm Bill, there are state-by-state restrictions on where we can ship certain products and where certain products can be bought and by whom. That question is most commonly asked about the popular cannabinoid THCa. Is THCa legal? Let’s try to answer that question in this post in the most comprehensive way possible, while also breaking it down by state.
What Is THCA?
THCa, in its raw form, is non-intoxicating. However, if heat is applied, like through smoking or vaping, the decarboxylation chemical reaction occurs, releasing carbon dioxide, and converting THCa into Delta-9 THC. THCa is consumed in the form of raw form through cannabis juices or tinctures, as well as in certain edible products where it has not been exposed to heat during preparation. Though there are studies being done on the potential therapeutic benefits of THCa, it’s still early in that process and much is still unknown.
Federal Law and THCa
Under the Controlled Substances Act, THC is still considered a Schedule I controlled substance, however, there is an exemption made for hemp-derived cannabinoids according to this letter from the DEA:
“The CSA, however, excludes “tetrahyrocannabinols in hemp (as defined under section 1639o of Title 7)” from the definition of marihuana and from the listing of tetrahydrocannabinols in Schedule I. Hemp, in turn, is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [(delta-9-THC0] concentration of not more than 0.3 percent on a dry weight basis. Accordingly, cannabinoids that are extracted from the cannabis plant and that have a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of “hemp. However, naturally derived cannabinoids having a delta-9-THC concentration of more than 0.3 percent on a dry weight basis do fall within the CSA schedule I listings of marihuana and tetrahydrocannabinols.”
The 2018 Farm Bill introduced a significant legal distinction by legalizing hemp, defined as a cannabis plant containing 0.3% or less THC on a dry weight basis. It’s one of the reasons why we have 3rd party COAs on all our products at Vivimu that explicitly show levels of Delta-9 THC in every product. All our products, and all THCa products you’ll be able to find for sale legally, have no more than 0.3% THC on a dry basis.
There has been a recent push within the Biden administration, led by Vice President Kamala Harris, to reschedule marijuana “as soon as possible. VP Harris was quoted to say “Marijuana is considered as dangerous as heroin and more dangerous than fentanyl, which is absurd, not to mention patently unfair…I’m sure (the) DEA is working as quickly as possible and will continue to do so, and we look forward to the product of their work.”
We all look forward to it, Vice President. We all do.
THCA State Laws and Variances in the US
So that’s where the fluid state federal law is currently at. State laws regarding cannabis, including THCa, can vary significantly. That’s why we took the time to go state by state and give you the most up-to-date information possible. Be sure to look for local updates as these laws and regulations are subject to change. Let’s get into it.
THCa Legality by State
Alabama – Legal
Alabama maintains stringent regulations on marijuana usage, including potential driving privileges suspension for six months if caught with delta-9 THC products. Currently, THCa derived from hemp is considered legal, aligning with federal regulations that permit hemp products with delta-9 THC levels within legal limits. However, it’s advisable to have proof, like the product’s label, to confirm its hemp origin.
Alaska – Legal
In Alaska, using and purchasing THCa faces no legal barriers. This state, pioneering in the legalization of recreational marijuana, allows individuals over 21 to grow up to 12 cannabis plants for their use.
Arizona – Legal
In November 2020, Arizona approved the recreational use of marijuana. This allows adults to openly buy and utilize THCa products, including THCa flower and extracts, without concern for their hemp or marijuana origin.
Arkansas – Legal
In Arkansas, THCa from industrial hemp with less than 0.3% THC is legally distinct from higher THC cannabis products. This classification allows for the legal use and possession of THCa, separating it from more strictly regulated cannabis items. However, adherence to state laws concerning higher THC cannabis products is advised, as the regulatory environment may evolve with future legal changes.
California – Legal
California permits the use of THCa, reflecting the state’s open stance on cannabis. It’s home to some of the largest dispensaries for recreational marijuana. California does, however, require a state license to sell cannabis, so ordering online and shipping to California may be restricted depending on if the company is licensed in California to sell cannabis. California also has restricted sales on vapes, so that may also restrict your ability to buy THCa vape products online.
Colorado – Legal
Colorado, as many know, has been at the forefront of legal cannabis in the US. It’s no surprise that it’s legal to buy and consume THCa in the beautiful state of Colorado. Keep leading the way, CO!
Connecticut – Legal
The purchase and consumption of cannabis is legal in the state of Connecticut. THCa and other cannabinoids are available locally in dispensaries and online. Go huskies!
Delaware – Legal
In Delaware, THCa is considered legal for purchase and consumption as long as it adheres to the Farm Bill regulations, meaning it must be derived from hemp and contain less than 0.3% THC by dry weight. Marijuana has been decriminalized rather than fully legalized outside of medical use, so be sure to check those COAs to be sure you are compliant.
Florida – Legal
In the Sunshine State, THCa derived from hemp is legal to purchase and consume due to state laws that only classify delta-9 THC outside of the medical marijuana program as illegal. There is, however, legislation being pushed to make vaping in Florida illegal and severely restrict the sale of hemp products; learn more at FHAA’s HealthyFlorida.org. Vivimu and our partners are helping fight the good fight in Florida to keep THCa and other hemp products available for adult consumption.
Georgia – Legal
Hemp-derived cannabinoids such as THCa and others are legal in Georgia as long as they fall under that Farm Bill requirement of 0.3% THC by dry weight. Put on your favorite Outkast album and get yourself some hemp!
Hawaii – Legal and Illegal
Hawaii may have the most intricate rules when it comes to hemp and THCa. You can read the Statutes and Rules from the Office of Medical Cannabis Control and Regulation. THCa products derived from hemp and containing less than 0.3% delta-9 THC can be legally purchased by anyone 21 or older, except for inhalable forms. To our knowledge, it’s the only state with this specific requirement around THC and THCa. Hawaii also has a more restrictive policy on what can and can’t be shipped there, which may mean you will need to purchase THCa locally as a consumer.
Idaho – Illegal
Tough news for Idahoians (Idahoans?). In Idaho, THCa, along with all forms of THC, is considered illegal due to strict state cannabis laws. Idaho mandates that hemp and CBD products must contain 0% THC, diverging from federal law, which permits up to 0.3% THC. This strict zero-tolerance policy means that any product containing THCa, regardless of its source, is prohibited in the state. Potatoes…100% legal. So you got that going for you.
Illinois – Legal
The purchase and consumption of THCa are legal in Illinois. The state’s progressive stance on cannabis. Both recreational and medical marijuana use are permitted for adults 21 and older, encompassing a wide range of cannabis products, including those containing THCa. This inclusivity in the law ensures that residents and visitors alike can legally access and enjoy THCa products.
Indiana – Legal
Marijuana is illegal, but they do respect the federal authority of the 2018 Farm Bill, so..you guessed it, THCa products under that magic 0.3% THC level are legally bought and sold in Indiana.
Iowa – Legal
In Iowa, THCa’s legal status aligns with federal regulations on cannabis, making hemp-derived THCa products legal as long as they contain less than 0.3% delta-9 THC. Despite Iowa not being particularly marijuana-friendly, the state’s adherence to federal guidelines allows for the legal purchase and use of THCa derived from hemp, ensuring products meet the THC content criteria.
Kansas – Legal and Illegal
Got ourselves another tricky state in Kansas. While buying and possessing delta-9 THC products is prohibited, Kansas law does not explicitly prohibit THCa isomers like delta-8, delta-10, or THCa itself. So if you can find THCa products, derived from hemp, that contain 0% THC…you may be in the clear. That may be easier said than done. Kansas has a zero-tolerance policy on delta-9 THC, so what exactly was Dorothy on?
Kentucky – Legal
Kentucky, with its stringent cannabis laws, has not specifically addressed the legality of hemp-derived THCa. However, federal law, which allows hemp products containing less than 0.3% delta-9 THC, suggests THCa derived from hemp falls within legal boundaries in Kentucky, provided it adheres to the THC content limit. Colonel Sanders himself would approve of Vivimu’s THCa Pre-Rolls. We have to assume.
Louisiana – Illegal
Don’t even think about it. Louisiana has stringent laws against THC products, making possession of delta-9 THC, including in hemp-derived forms, illegal unless obtained through a medical marijuana program. There’s no specific mention of the legality of hemp-derived THCa, but given the state’s strict approach to marijuana, any THC product could potentially lead to legal issues.
Maine – Legal
Maine legalized recreational cannabis use for adults over 21 in 2016, establishing it as a cannabis-friendly state. This legislation means that individuals can freely purchase and consume THCa products, aligning with the state’s progressive stance on cannabis.
Maryland – Legal
It’s not Hamsterdam, but THCa derived from hemp isn’t specifically classified under the Controlled Substances Act, making its use and possession legal in the state of Maryland. The state’s laws reflect a more progressive attitude towards marijuana since decriminalizing small amounts in 2019, although concentrated cannabis extracts are still regulated. For THCa products, ensuring they are derived from federally compliant hemp is essential.
Massachusetts – Legal
Massachusetts is a cannabis-friendly state where the purchase and consumption of THCa are legal. So head up to Boston, get some Dunkin Donuts, catch a Red Sox game, and freely enjoy your cannabis products responsibly.
Michigan – Legal
On both sides of 8-mile, Michigan has embraced the legalization of recreational marijuana, which has paved the way for the legal purchase and consumption of THCa products. Residents can now enjoy THCa from both hemp and marijuana sources without legal restrictions.
Minnesota – Legal
Minnesota legalized recreational marijuana for adults 21 and older on August 1, 2023, making THCa legal to purchase and consume. This new law decriminalizes possession and use, allowing individuals to possess up to 2 ounces of cannabis flower publicly, with a comprehensive regulatory framework established for cannabis sales. Great news all around.
Mississippi – Legal & Illegal
The Mississippi Hemp Cultivation Act, signed into law on June 29, 2020, legalized the cultivation of hemp under a state plan. This plan authorized a state hemp farming program. However, the state legislature failed to approve the budget for the program to move forward. Hemp farmers in Mississippi can get a hemp license from the USDA, which is a workaround. This legislation permits a variety of hemp products for consumption as well. So you can buy and consume hemp products, but you may have difficulty finding a legal producer of hemp products in Mississippi. Thankfully, the Farm Bill does allow for the transportation of hemp products across state lines.
Missouri – Legal
You can legally buy and consume hemp products that are compliant with the 2018 Farm Bill. Marijuana use is legal in Missouri for medical use, so recreationally hemp-derived products are a nice legal alternative for recreational users.
Montana – Legal
In Montana, the legalization of recreational marijuana for adults 21 and older has made THCa legal to purchase and consume. You can really enjoy Big Sky Country now.
Nebraska – Legal
In Nebraska, hemp-derived products, including THCa, are considered legal as long as they adhere to the federal THC threshold of less than 0.3%. This complies with Bill 657, ensuring that while medical or recreational marijuana may not be legalized, hemp-based THCa products fall within legal parameters, provided they meet the specified THC content limits.
Nevada – Legal
In Nevada, both medical and recreational marijuana use have been legalized, encompassing the legal purchase and consumption of THCa regardless of its origin. If one state should have progressive drug laws it’s the one where Las Vegas happens to be. Viva Hemp!
New Hampshire – Legal
New Hampshire follows the Farm Bill exemption for hemp. If you don’t know what that exemption is at this point in the article just do a search for “0.3%”. We’re tired of typing it to be honest.
New Jersey – Legal
In New Jersey, there are no restrictions on THCa products, making them legal to purchase and consume. This is due to the state’s laws that have legalized both marijuana and hemp for adults aged 21 and older, allowing for the use of THCa without legal barriers.
New Mexico – Legal
Recreational cannabis has been legal in New Mexico since 2021. You can legally possess up to 2 ounces of cannabis and grow up to six plants for personal use. So, yeah, it is legal to buy and consume THCa in New Mexico.
New York – Legal & Illegal
New York legalized adult-use cannabis on March 31, 2021, when they passed the Marijuana Regulation & Taxation Act. This would make the purchase of and consumption of THCa products legal under the Farm Bill stipulations at the very least. However, as of December 13, 2023, New York state began to crack down on the sale of hemp-derived cannabinoids, particularly Delta 8 products. New regulations put heavy limits on the ratio of CBD to THC for smokable and orally ingestible hemp products. This has led many businesses within New York that sold hemp products to stop selling those products or to shut down their business entirely. You can read these new regulations in full here. Perhaps the most complex state regulations we’ve come across.
North Carolina – Legal
North Carolina allows hemp products to be sold and consumed under the Farm Bill limits of THC. North Carolina has not legalized the recreational use of marijuana. Hemp-derived THCa seems clear in the Tarheel state.
North Dakota – Legal
In North Dakota, THCa is legal to purchase and consume when derived from hemp and contains less than 0.3% delta-9 THC. This compliance with federal regulations ensures that residents can legally access hemp-based THCa products, aligning with the broader acceptance of hemp derivatives under specified THC content limits.
Ohio – Legal
Ohio finally has legal recreational marijuana. Way to go, Ohio! Starting in January of 2024, Ohio legalized adult-use of marijuana. Hemp-derived THCa products that have less than 0.3% THC content are also legally bought, sold, and consumed. Under the new law, a person 21 or older can possess up to 2.5 ounces of cannabis and 15 grams of concentrate. Not bad!
Oklahoma – Legal
In Oklahoma, THCa derived from hemp and complying with the 2018 Farm Bill (containing up to 0.3% delta-9 THC) is legal. This adheres to federal legislation that legalizes hemp-derived products. However, the state maintains strict laws against recreational marijuana, placing THCa in a legally permissible zone as long as it’s hemp-derived and meets THC content criteria. So be careful with that THCa flower, as it may be hard to explain the difference to authorities.
Oregon – Illegal
Oregon has legalized medical and recreational marijuana use bought strictly from licensed dispensaries. Additionally, THCa’s legal status is complex due to its potential to convert into THC upon heating, which, according to Oregon state laws, would cause it to exceed legal THC limits. Thus, while Oregon supports cannabis use, regulations around hemp-derived products like THCa are strict, emphasizing compliance with THC content restrictions.
Pennsylvania – Legal
THCa’s legal status aligns with federal cannabis regulations in the state of Pennsylvania, making products containing less than 0.3% delta-9 THC legal for purchase and consumption. You still can’t buy a case of beer from your local grocery store without making multiple trips for some reason. I think it has to do with William Penn and the Quakers, but no one really knows why.
Rhode Island – Legal
Rhode Island passed the Rhode Island Cannabis Act in March of 2022, making cannabis legal for recreational use for adults 21 or older. THCa, coming from the cannabis plant, would fall under this act, making it legal for adults over 21 years of age. Pretty cut and dry here. Thanks for being cool, Rhode Island.
South Carolina – Legal
In South Carolina, THCa is considered legal under specific conditions. So, the state adheres to the 2018 Farm Bill for hemp-derived THCa. However, THCa from the marijuana plant is illegal to possess and consume. This distinction highlights the importance of the source of THCa and its THC content in determining its legality within the state. So carry that COA in your pocket, just in case.
South Dakota – Legal
In South Dakota, the legality of THCa has not been explicitly addressed by state laws, and recreational marijuana use remains illegal. However, South Dakota aligns with federal regulations regarding hemp products. This means that THCa products derived from hemp and adhering to the Farm Bill requirements, which include having less than 0.3% delta-9 THC by dry weight, are considered legal.
Tennessee – Legal
Tennessee is one of the more explicit and strict states when it comes to cannabis. It is still illegal to produce, sell, or possess delta-9 THC in Tennessee. However, they do adhere to the 2018 Farm Bill when it comes to hemp-derived cannabinoids, including THCa. As long as your THC levels are below that 0.3% threshold and your THCa was derived from hemp and not marijuana, you can legally purchase and consume your THCa. Source.
Texas – Legal
In Texas, THCa is considered legal under certain conditions. It is legal because it does not cause intoxication in its natural state and falls under the Texas Hemp Program, which aligns with the federal 2018 Farm Bill. Laws in Texas highlight the distinction between non-psychoactive hemp derivatives and psychoactive substances, adhering to both state and federal guidelines.
Utah – Legal
Stop me if you’ve heard this before – in Utah, the legal status of THCa is defined by its source and THC content. This aligns with the federal 2018 Farm Bill, which legalized hemp and hemp-derived products nationally, provided they meet the THC content threshold. Utah has listed THC derivatives like delta-8 and delta-10 THC as Schedule I controlled substances. Since THCa, sourced from hemp, is naturally occurring and falls under the 0.3% THC threshold, it is legal to purchase and consume in Utah.
Vermont – Legal
THCa products are legal to purchase and consume in Vermont as long as they adhere to the 2018 Farm Bill. Vermont has been at the forefront of legal marijuana, allowing it for medicinal purposes back in 2013 and for recreational uses in 2018. When it comes to cannabis, Vermont is like Colorado or the East. Colorado’s cool cousin from across the country, if you will.
Virginia – Legal
THCa is legal in Virginia under, you guessed it, the 2018 Farm Bill. The state has recently passed more stringent laws regarding the sale of hemp products, including rules on the packaging and the CBD: THC ratio allowable per package. You can read more about those changes enacted on July 1, 2023, here.
Washington – Legal
In Washington, adults aged 21 and over are allowed to purchase and possess cannabis under Initiative 502, with specific limits on the amount of usable cannabis, cannabis-infused edibles, liquid cannabis products, and cannabis concentrates. THCa is legal to purchase and consume in all forms.
West Virginia – Legal
In West Virginia, THCa is legal under state law as long as it is derived from hemp and falls within the THC levels set by the 2018 Farm Bill. The state has a medical cannabis program that allows for the of use of marijuana for qualifying conditions, under which THCa, being non-psychoactive, is available to patients. You can’t keep “Wild, Wonderful West Virginia” down. They are too wild. And too wonderful.
Wisconsin – Legal
In Wisconsin, state law SB 188 allows for the sale of hemp-derived THCa products. This falls in line with the Farm Bill, but be aware that marijuana is still illegal in the state for recreational or medical purposes. So, once again, have that printed-out COA on you in case you need to explain the difference between hemp and marijuana.
Wyoming – Legal
THCa derived from hemp and containing less than 0.3% delta-9 THC, as defined by the 2018 Farm Bill, is legal to purchase and consume in the great state of Wyoming. That’s it. That’s the last state. We did it. I’m proud of us. Don’t ask me to type out “2018 Farm Bill” again for a while. Be cool about it.
Implications for Consumers and Producers
Now that we’ve gone state by state on the legality of THCa it should be mentioned that the laws, rules, and regulations around hemp-derived products are in a constant state of flux. We aim to update this article as soon as any laws change or more information is available. For consumers (you!), legal ambiguity means exercising caution, especially in jurisdictions where cannabis is not fully legalized. Products labeled as THCa might still be subject to legal scrutiny if they are capable of converting to THC or if their actual THC content exceeds legal thresholds.
For producers of THCa products, like us here at Vivimu, we must navigate the legal landscape carefully, ensuring that our products comply with both federal and state laws. This includes accurate labeling, rigorous testing to confirm THC content, and transparency about the potential for THCa to convert to THC. As an online seller of THCa across the country, we also must adhere to certain shipping rules and rules set by our merchant processor that may restrict further what hemp products we can sell to whom and to where.
We strive to provide the best quality hemp products, including THCa, to all who are legally allowed to purchase them. If you find yourself restricted from these fine products, we appreciate your understanding until one fine day, the laws change in your favor. Until then, we’ll just be friends from afar.
Where to Buy THCa Products Online?
As a leading seller of THCa products in the US, Vivimu offers a wide selection of premium-quality THCa products available for purchase online. Yes, you could go to other places to find THCa, but we are the best and you are already here, right?
You can explore an array of THCa products, including THCa Isolate, THCa Badder, THCa Crumble, THCa Diamonds, THCa Diamond Sauce, THCa Live Resin, and THCa Pre-roll Joints. Every product has been 3rd party tested for quality, purity, and potency and are readily available for you here.
Additionally, our customer support team is available to assist you with any questions or concerns you may have about THCa products or the ordering process.
Final Thoughts
While THCa’s legal status remains complex and intertwined with the broader legal context of cannabis, as you can attest after reading this article, it’s an exciting cannabinoid that deserves the attention it is getting and we hope to continue to learn more about it, and educate more people on its potential uses and benefits. As laws continue to evolve, both consumers and producers must stay informed about legal developments to navigate the challenges surrounding THCa, and we promise to do just that.
Given the nuances and the rapid evolution of cannabis laws, consulting with a legal expert specializing in cannabis law is advisable for those seeking to understand the specific legal implications of THCa in their jurisdiction.
Want to learn more, visit our blog section or contact us via email at support@vivimu.zendesk.com, or you can call us at +1 720-955-1667 to clarify your doubts. Our expert support team is here to help you.
Facebook
Reddit
LinkedIn
Email
Print
