Is THCA Legal?

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If you have ever lived in the United States, you might know that cannabis laws are extremely complicated. Various cannabinoids are and are not legal, and this can also depend on the concentration of them. One of the cannabinoids that is currently creating quite a stir across the country is THCA.

THCA, closely related to THC, is becoming increasingly popular in a variety of states in the USA, but the problem is that it is not legal everywhere. Technically speaking, according to the 2018 Farm Bill, this cannabinoid should be legal at a federal level, or in other words countrywide.

However, the issue is (of course) that individual states have the power to create their own laws surrounding a variety of cannabinoids, with THCA being one of them.

Although it may be federally legal, some states don’t allow for it, although these are very few. The vast majority of states allow for the purchase and consumption of THCA in one way or another, but not all of them. Today, we’re here to find out in which states THCA is legal and in which it is not.

Key Takeaways

• THCA is not psychoactive in its raw form and is federally legal per the 2018 Farm Bill, which allows cannabinoids derived from hemp.
• The legality of THCA varies across the United States, illustrating the complex interplay between federal and state cannabis laws. Some states have specific regulations or prohibitions concerning THCA.
• THCA's legality benefits from a loophole in federal law that primarily addresses Delta-9 THC levels, leading to a nuanced legal situation exploited by cannabis brands to introduce new products into the market. 

Is THCA Legal? The State by State Legality of a Promising Cannabinoid

What we're going to do today is provide you with an in-depth guide on the legal status of THCA according to every single state in the United States of America. As you'll see, there are many more states where THCA is legal, compared to those where it is not.

What is THCA?

THCA stands for tetrahydrocannabinolic acid. As you can tell by the name of it, it is closely related to regular THC, otherwise known as Delta-9 THC. However, this is the acidic form of THC, or in other words, its precursor. THCA turns into Delta-9 THC when it is decarboxylated.

This means that when THCA is heated up to a certain point, for a certain amount of time, a chemical reaction occurs which causes it to transform into Delta-9 THC. Technically speaking, THCA contains an extra carboxyl chain which prevents it from interacting with your cannabinoid receptors, ultimately preventing you from getting high.

However, once that carboxyl chain drops, hence the name decarboxylation, the cannabinoid becomes psychoactive, as it effectively turns into Delta-9 THC. THCA itself is not psychoactive or intoxicating, but it becomes so once it transforms into Delta-9 THC. Beware that THCA and THCV are not the same things!

Overview of THCA

Let's take a quick look at the most important pieces of information that you need to know about THCA.

Benefits of THCA

Effects of THCA

In terms of the effects that you will feel from THCA the above benefits are the important ones to pay attention to. Generally speaking, you could get a bit of a mental and physical boost from this acidic cannabinoid precursor.

However, this is in no way a psychoactive or intoxicating substance. Due to the reasons mentioned above, it doesn't interact with your cannabinoid receptors very much, resulting in a total lack of intoxication. It will not make you feel high, not like Delta-9 THC.

Learn More About Our THCA Flower

If you want to learn more about our THCA flower, we welcome you to check out our awesome selection right here at Botany Farms. We have some great THCA strains, such as our Botany Farms Crystal Candy, Grape Jelly, Cheetah Piss, and Diamond Oreos. These are all very potent and tasty THCA strains.

If you’d rather check out some much easier pre-rolls, our THCA Sugar Queen Pre-Rolls, Strawberry Banana Kush Pre-Rolls, Blueberry Kush Pre-Rolls, and Godfather OG Pre-Rolls all make for great THCA flower options as well.

The Legal Status of THCA Federally

Is THCA Legal in My State?

Now that we know the basics about THCA, let's take a closer look at each individual state to see whether or not it is legal there.

Is THCA Legal in Alabama?

THCA at this time should be legal in the state of Alabama, as long as you can prove that it is derived from the hemp plant, and not the cannabis plant. At this time, it appears as though THCA is legal in Alabama as long as it is in line with federal law.

Is THCA Legal in Alaska?

At the time of this writing, there are no legal restrictions on the purchase and use of THCA in the state of Alaska. In fact, this is one of the first states that legalized the recreational consumption of cannabis. It even allows for the cultivation of 12 plants for personal use.

Is THCA Legal in Arizona?

The state of Arizona legalized recreational cannabis use in 2020. This means that THCA is completely legal, regardless of whether it comes from the cannabis plant or hemp plant.

Is THCA Legal in Arkansas?

At this time, it appears as though THCA is not legal in the state of Arkansas. Hemp and CBD are technically legal in this state, but it also appears as though Arkansas has made some modifications to laws surrounding them, particularly in terms of THC variations. It would appear as though the state of Arkansas outlaws any hemp product that contains more than 0.3% of any form of THC, which includes THCA.

Is THCA Legal in California?

Recreational cannabis is legal in the state of California, therefore making THCA completely legal.

Is THCA Legal in Colorado?

Recreational cannabis is legal in the state of Colorado, which means that THCA is legal.

Is THCA Legal in Connecticut?

Recreational cannabis is legal in the state of Connecticut, therefore making THCA legal.

Is THCA Legal in Delaware?

In the state of Delaware, where cannabis is decriminalized, THCA is only legal as long as it complies with federal regulations, which means that it has to be derived from the hemp plant, and cannot contain more than 0.3% THC by dry weight concentrations.

Is THCA Legal in Florida?

As long as the THCA is derived from the hemp plant and is a part of the medical cannabis program of Florida, it should be considered legal.

Is THCA Legal in Georgia?

Georgia State laws are the same as federal laws on this front, which means that THCA is legal insofar as it does not contain more than 0.3% THC by dry weight, and as long as it is derived from the hemp plant.

Is THCA Legal in Hawaii?

Whether or not THCA is legal in Hawaii is a bit of a mystery. There are THCA products that can be purchased in the state of Hawaii as long as they maintain less than 0.3% THC and are derived from the hemp plant. However, there are no THCA smokable products, because the state of Hawaii restricts all inhalable cannabis. THCA gummies and tinctures are therefore legal, but smokeables are not.

Is THCA Legal in Idaho?

In the state of Idaho, all hemp and CBD products are only legal as long as they contain 0% THC. This means that THCA is not legal in the state.

Is THCA Legal in Illinois?

The state of Illinois has legalized recreational and medical cannabis use for anyone over the age of 21, therefore making THCA completely legal.

Is THCA Legal in Indiana?

According to the Indiana State legislature, as long as hemp products contain less than 0.3% THC and are derived from the hemp plant, they should be legal. However, Indiana still has relatively conservative laws surrounding cannabis, so its possession and sale are illegal. There are also no mentions of THCA. However, based on current circumstances, it would technically appear to be legal.

Is THCA Legal in Iowa?

Although the state of Iowa has not addressed this cannabinoid specifically, it also falls in line with the federal government. This means that as long as the product in question does not contain more than 0.3% Delta-9 THC, and is derived from the hemp plant, it should be legal.

Is THCA Legal in Kansas?

In the state of Kansas, it is not legal to possess or purchase any amount of Delta-9 THC, whether it is hemp-derived or otherwise. It is not legal to purchase any hemp product that contains more than 0% THC. This applies to all forms of THC. Therefore, although it is a bit of a Gray area, it appears as though THCA is not legal in this state.

Is THCA Legal in Kentucky?

The state of Kentucky offers no guidance on any forms of THC products that are derived from hemp. It appears to fall in line with the federal government, so as long as it does not contain more than 0.3% Delta-9 THC and is derived from the hemp plant, it should be considered legal.

Is THCA Legal in Louisiana?

In Louisiana, it is not legal to purchase or possess any amount of Delta-9 THC, whether in hemp-derived products or otherwise. Although there is no direct mention of THCA in the state legislature, according to its history, it would appear that it is not legal. We would not risk purchasing this cannabinoid in Louisiana.

Is THCA Legal in Maine?

The state of Maine officially legalized recreational cannabis use in 2016. This means that THCA is legal.

Is THCA Legal in Maryland?

It appears as though THCA products in the state of Maryland are legal as long as they fall in line with the requirements set out by the federal government in terms of Delta-9 THC limits. THCA Which comes from hemp is not listed in the Controlled Substances Act of this state.

Is THCA Legal in Massachusetts?

Massachusetts has legalized the recreational use of cannabis, therefore making THCA legal in this state.

Is THCA Legal in Michigan?

The state of Michigan recently legalized recreational cannabis use, which means that THCA is legal no matter if it comes from hemp or cannabis.

Is THCA Legal in Minnesota?

The state of Minnesota recently made THCA explicitly illegal. THC in Minnesota is defined as a Schedule One controlled substance, along with all variations and isomers, which includes THCA.

Is THCA Legal in Mississippi?

Whether or not THCA is legal in Mississippi is questionable. Technically speaking, it should be legal by way of omission, which means that there are no specific mentions of this cannabinoid in the state legislature. You can buy hemp-derived THC products as long as they contain less than 0.3% by dry weight concentration.

Is THCA Legal in Missouri?

In the state of Missouri, medical cannabis is legal, and the plant has been decriminalized, although not legalized. That said, as long as the THCA products are derived from the hemp plant and contain less than 0.3% Delta-9 THC, they should be legal.

Is THCA Legal in Montana?

The state of Montana has legalized the use of recreational cannabis, therefore making THCA 100% legal.

Is THCA Legal in Nebraska?

According to Bill 657 from the Nebraska state legislature, any product that is derived from the hemp plant is completely legal as long as it does not contain more than 0.3% THC. That said, the state has not legalized recreational or medical cannabis, so caution is required.

Is THCA Legal in Nevada?

The state of Nevada legalized both recreational and medical cannabis use in 2020, which means that THCA is totally legal no matter where it comes from.

Is THCA Legal in New Hampshire?

In the state of New Hampshire, as long as the product in question contains less than 0.3% Delta-9 THC, and is derived from the hemp plant, it should be legal, in spite of the fact that New Hampshire has not yet legalized actual cannabis.

Is THCA Legal in New Jersey?

Both cannabis and hemp are completely legal for recreational purposes by adults in the state of New Jersey, which means that THCA is not prohibited.

Is THCA Legal in New Mexico?

New Mexico decriminalized cannabis but has not legalized it. At this time, THCA products are allowed as long as they don't contain more than 0.3% Delta-9 THC.

Is THCA Legal in New York?

The state of New York officially legalized recreational cannabis for all adults, which means that THCA is totally illegal to purchase and possess.

Is THCA Legal in North Carolina?

North Carolina has decriminalized cannabis, although not legalized it for recreational use. At this time, it would appear that as long as the products in question don't contain more than 0.3% Delta-9 THC, and as long as they are hemp-derived, should be legal.

Is THCA Legal in North Dakota?

Although North Dakota has some pretty strict cannabis and cannabis laws, you should be able to acquire any hemp-derived THCA products as long as they fall in line with THC limits as set out by the federal government.

Is THCA Legal in Ohio?

The state of Ohio follows the same rules as set out by the federal government, which means that THCA products should be legal so long as they do not contain more than 0.3% Delta-9 THC and are derived from the hemp plant.

Is THCA Legal in Oklahoma?

Oklahoma has some fairly strict cannabis laws, which can be somewhat confusing. Although there has not been any mention of this cannabinoid specifically, there have been occasions where people in possession of Delta-8 distillates that are legal at a federal level still landed in legal trouble. Therefore, possessing THCA in the state of Oklahoma is best avoided.

Is THCA Legal in Oregon?

In the state of Oregon, recreational and medical cannabis use is legal as long as you get it from a licensed dispensary. However, according to the state's hemp program, all products derived from hemp are not allowed to contain more than 0.3% Delta-9 THC. Seeing as THCA is the precursor to THC, it is at this time outlawed.

Is THCA Legal in Pennsylvania?

The state of Pennsylvania follows the same laws as the federal government, which means that THCA is legal as long as it is hemp-derived and does not contain more than 0.3% Delta-9 THC.

Is THCA Legal in Rhode Island?

Due to this cannabinoid being a precursor to Delta-9 THC, THCA is technically not legal in Rhode Island. You also cannot purchase any variation of THC that has more than 0.3% concentration in the state without a medical license.

Is THCA Legal in South Carolina?

As long as the THCA product in question does not contain more than 0.3% Delta-9 THC by dry weight concentration, it should be legal in the state of South Carolina.

Is THCA Legal in South Dakota?

The state of South Dakota has not legalized recreational cannabis use and does not directly address the THCA cannabinoid. That said, the state follows federal laws in terms of hemp products, which means that THCA should be legal so long as it meets the requirements as set out by the federal government.

Is THCA Legal in Tennessee?

THCA Should be legal in the state of Tennessee so long as they do not contain more than 0.3% Delta-9 THC and are derived from the hemp plant.

Is THCA Legal in Texas?

Texas also follows federal law, which means that THCA is legal as long as it is derived from the hemp plant and does not contain more than 0.3% Delta-9 THC.

Is THCA Legal in Utah?

The state of Utah classifies all versions of THC as a Schedule I controlled substance, although it lists Delta-10 and Delta-8 THC specifically. That said, many people in the state have started using THCA products with less than 0.3% THC on a dry weight basis. It is however recommended to exercise great caution in the state of Utah, as this cannabinoid may not be legal.

Is THCA Legal in Vermont?

THCA May or may not be legal in Vermont. The state says that hemp-derived products are legal as long as they stay under 0.3% in terms of THC concentrations. However, Delta-8 THC was recently banned, which calls everything into question. Great caution is therefore also recommended in Vermont.

Is THCA Legal in Virginia?

The state of Virginia falls in line with the federal government, which means that THCA is legal as long as it does not contain more than 0.3% Delta-9 THC.

Is THCA Legal in Washington?

All cannabis forms are completely legal in the state of Washington, which means that you can enjoy THCA whenever you want.

Is THCA Legal in West Virginia?

West Virginia also falls in line with the federal government, which means that THCA should be legal as long as it is derived from the hemp plant and does not contain more than 0.3% Delta-9 THC.

Is THCA Legal in Wisconsin?

People over the age of 21 in the state of Wisconsin can access THCA derived from the cannabis plant as long as they have a medical cannabis card. All other people may purchase THCA as long as it comes from the hemp plant and does not contain more than 0.3% Delta-9 THC.

Is THCA Legal in Wyoming?

Wyoming has not legalized recreational cannabis but also doesn't appear to have any regulations against cannabis products derived from the hemp plant. Therefore, as long as the THCA in question contains less than 0.3% Delta-9 THC, it should be legal.

The 2018 Farm Bill: Hemp Flower Vs. Marijuana Flower

To be clear, the biggest difference in most cases here is that between hemp and cannabis. What you need to know is that cannabis is generally defined as a plant that contains more than 0.3% Delta-9 THC by dry weight concentration.

A hemp plant on the other hand is generally considered a plant that contains less than 0.3% Delta-9 THC by dry weight concentration. According to the federal government, hemp is legal, as are products made from it, whereas cannabis is not.

Final Thoughts: Is THCA Legal?

As you can see, although this cannabinoid may be technically legal at a federal level, individual states can make up their own laws. THCA Should be legal in most states, but there are also those where it is not. Great caution is therefore recommended when dealing with any such cannabinoid in these states. Your best course of action is to do some thorough research before visiting those States and attempting to purchase or consume any such products.

Sources used for this article:

https://www.usda.gov/farmbill

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5510775/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2626929/

https://www.dea.gov/drug-information/csa