Many of us are familiar with THC (Delta 9, Delta 9 THC, D9 THC, or D9). It is the world’s most popular cannabinoid, famous for producing elevating euphoria. But is THC legal? The answer ultimately comes down to where you live. You may live in a state where there is a bill to decriminalize cannabis, expand the medical program, and legalize recreational marijuana signed by governor or local officials. Or you may live in a state that has where THC is an illegal misdemeanor or felony. You may also live in a state that has decriminalized cannabis while still being illegal. The law can get confusing, so we’re here to help sort it out.
It’s vital to understand THC’s legal status. Guidelines will tell you if you can purchase THC, how much you can purchase, and how much you can grow and possess. It will give you clarity when you travel from state to state. When it comes to the legality of THC, ours is the only main article you will need to familiarize yourself with medical marijuana and recreational marijuana laws. Read on to learn state medical cannabis laws, recreational laws, and federal laws to ensure your rights are protected and to avoid legal trouble.
What is THC?
THC is a naturally occurring and euphoric cannabinoid in cannabis plants. It is present in high amounts in marijuana and extremely low amounts (0.3% or less) in hemp, a non-euphoric cannabis plant. THC is often used as a term to describe several types of euphoric and non-euphoric cannabinoids that possess a similar chemical structure.
The most common form of THC is Delta 9 THC. In fact, when you hear someone use the term THC, they are typically referencing Delta 9. This cannabinoid is so-called because it has a double bond on the 9th carbon atom.
However, there are other types of Delta THC, including Delta 8 THC (Delta 8, D8, or D8 THC), which has a double bond on the eighth carbon atom, and Delta 10 THC, which has a double bond on the tenth carbon atom. The double bond’s position affects the potency of the cannabis. Delta 9 is the most potent of the three.
Other types of psychoactive THC include THCp (THC-p, THCP, or THC-P), which has a strong bonding affinity with the cannabinoid receptors in the body and produces highly potent effects. THCp’s strong binding affinity to your body’s endocannabinoid receptors reportedly makes it up to 33 times stronger than THC.
There are also hemp-derived THC compounds that do not have psychoactive effects. For example, you may try THCA, a non-psychoactive THC precursor with therapeutic benefits.
The Benefits of THC
When THC enters the body, it interacts with cannabinoid receptors of your endocannabinoid system (ECS) to produce various health and wellness benefits. Your ECS is a collection of cell-signaling receptors throughout your body that helps modulate key biological processes. These include mood, memory, appetite, digestion, mobility, sex drive, and sleep.
THC binds tightly to these receptors, especially the ones in your brain, to produce elevating euphoria. Other benefits include:
- Lowering anxiousness
- Relieving physical discomfort
- Improving sleep duration and consistency
- Decreasing nausea and vomiting
- Supporting adequate appetite
- And more!
Moderation is key to a positive THC experience. Start low, go slow, know your limits, and don’t overdo it. If you do, you may encounter mild, temporary side effects like extreme euphoria, lethargy, upset stomach, and drowsiness.
Understanding the Legalization of THC
Hemp vs Marijuana
THC’s legal status hinges on whether it is derived from hemp or marijuana. According to the 2018 Farm Bill, hemp is legal on a federal level, and so are hemp-derived products as long as they contain THC content of 0.3% or less.
Marijuana is federally illegal because it has a higher THC content. Possessing it or buying it could be considered an illegal misdemeanor, depending on the state you live in.
Many state laws concur with the Farm Bill. However, some states have legalized recreational marijuana with higher THC content. In other states, any THC product, regardless of cannabis plant origin, is illegal.
State Laws and Discrepancies
Many states have their own laws regarding THC and marijuana. These often deal with medical cannabis and recreational cannabis.
Here are some notable examples of state laws not in line with marijuana laws at the federal level.
- California: Allows recreational marijuana and medical marijuana.
- Colorado: The Mile High State has legalized medical marijuana and legalized recreational marijuana.
- Idaho: All THC products, regardless of cannabis plant origin, are illegal.
- New York: Allows recreational marijuana use and medical use of cannabis.
- Texas: Marijuana is legal for medical use in Texas. However, it is not legal for recreational use.
We’ll explore the legality of cannabis and THC later on in this article in a comprehensive list.
Federal Laws and Regulations
Two pieces of federal law pertain to THC: the Controlled Substances Act and the 2018 Farm Bill.
According to the Controlled Substances Act of 1970, marijuana is a Schedule 1 Drug. It is not accepted for recreation or medical use. According to the law, it carries a high risk of addiction. As a result, it is classified with hard drugs like heroin and LSD.
As a result, marijuana possession or use could result in an illegal misdemeanor charge or worse. People caught with marijuana could be charged with a felony, which will affect their ability to attain gainful employment, find suitable housing, or purchase firearms.
The 2018 Farm Bill legalized all hemp and hemp-derived products as long as they do not exceed 0.3% THC on a dry weight basis. As a result, hemp-derived Delta 9 THC products are federally legal as long as they meet the legal THC threshold. However, certain states will have laws that counter the Farm Bill’s stance on hemp. That’s why it’s important to check your state’s cannabis laws to ensure compliance.
Medical vs. Recreational Use of THC
Cannabis state laws vary and can differ considering medical use and recreational use of cannabis.
Here are the laws that are in place when it comes to THC legalization. Is your state one of many THC legal states?
Northeast
1. Connecticut: Recreational legal, Medical legal. Residents may possess up to 1.5 ounces in public and 5 ounces in a locked container.
2. Delaware: Recreational legal, Medical legal. Residents may possess up to 1 ounce; qualifying patients may possess up to 6 ounces.
3. Maine: Recreational legal, Medical legal. Residents may possess up to 2.5 ounces and grow up to three plants.
4. Maryland: Recreational legal, Medical legal. Residents may possess up to 1.5 ounces and grow up to two plants.
5. Massachusetts: Recreational legal, Medical legal. Residents may possess up to one ounce on their person and 10 ounces in their home and grow up to six plants.
6. New Hampshire: Recreational not legal, Medical legal. Residents may acquire up to two ounces; personal cultivation is not permitted.
7. New Jersey: Recreational legal, Medical legal. Residents may possess up to six ounces; home cultivation is not permitted.
8. New York: Recreational legal, Medical legal. Residents may possess up to three ounces and grow up to six mature and six immature plants per household.
9. Pennsylvania: Recreational not legal, Medical legal. Residents may acquire a 90-day supply; home cultivation is not permitted.
10. Rhode Island: Recreational legal, Medical legal. Residents may possess up to one ounce in public and ten ounces at home and grow up to six plants.
Midwest
1. Illinois: Recreational legal, Medical legal. Residents may possess up to 30 grams of flower and five grams of concentrate.
2. Indiana: Recreational not legal, Medical (CBD). Legal to use CBD with no more than 0.3% THC.
3. Iowa: Recreational not legal, Medical (CBD). Legal to use CBD with no more than 3% THC.
4. Kansas: Recreational not legal, Medical (CBD). Medicinal CBD cannot have more than 5% THC, while recreational CBD must have no trace of it.
5. Michigan: Recreational legal, Medical legal. Residents may possess up to 2.5 ounces and grow up to 12 plants.
6. Minnesota: Recreational legal, Medical legal. Residents may possess up to two ounces in public, two pounds in private, and grow up to eight plants.
7. Missouri: Recreational legal, Medical legal. Residents may possess up to three ounces and grow up to six flowering plants.
8. Nebraska: Recreational not legal, Medical not legal.
9. North Dakota: Recreational not legal, Medical legal. Residents may acquire up to three ounces; home cultivation is not permitted.
10. Ohio: Recreational legal, Medical legal. Residents may possess up to 2.5 ounces and grow up to six plants.
11. South Dakota: Recreational not legal, Medical legal. Residents may acquire up to three ounces and grow up to three plants.
12. Wisconsin: Recreational not legal, Medical (CBD). Legal to use CBD in a non-psychoactive form.
South
1. Alabama: Recreational not legal, Medical legal. Possession and use of certain products are allowed with a prescription.
2. Arkansas: Recreational not legal, Medical legal. Residents may acquire up to 2.5 ounces every 14 days; home cultivation is not permitted.
3. Florida: Recreational not legal, Medical legal. Home cultivation is not permitted.
4. Georgia: Recreational not legal, Medical (CBD). Legal to use CBD with less than 5% THC.
5. Kentucky: Recreational not legal, Medical legal (effective 2025). Presently legal through an executive order.
6. Louisiana: Recreational not legal, Medical legal. Residents may acquire a “30-day supply”; home cultivation is not permitted.
7. Mississippi: Recreational not legal, Medical legal. Residents may purchase up to three ounces per month.
8. North Carolina: Recreational not legal, Medical (CBD). Legal to use CBD with less than 0.9% THC.
9. Oklahoma: Recreational not legal, Medical legal. Residents may acquire up to eight ounces and grow up to six mature plants.
10. South Carolina: Recreational not legal, Medical (CBD). Legal to use CBD with no more than 0.9% THC.
11. Tennessee: Recreational not legal, Medical (CBD). Legal to use CBD with no more than 0.9% THC.
12. Texas: Recreational not legal, Medical (CBD). Legal to use CBD with no more than 0.5% THC.
13. Virginia: Recreational legal, Medical legal. Residents may possess up to one ounce and grow up to four plants.
14. West Virginia: Recreational not legal, Medical legal.
West
1. Alaska: Recreational legal, Medical legal. Residents may possess up to one ounce and grow up to six plants.
2. Arizona: Recreational legal, Medical legal. Residents may possess up to one ounce and grow up to six plants.
3. California: Recreational legal, Medical legal. Residents can possess up to 1 oz (28 g) for recreational use.
4. Colorado: Recreational legal, Medical legal. Residents may possess up to two ounces and grow up to six plants.
5. Hawaii: Recreational not legal, Medical legal. Residents may acquire up to four ounces and grow up to seven plants.
6. Idaho: Recreational not legal, Medical (CBD). Legal to use CBD with no trace of THC.
7. Montana: Recreational legal, Medical legal. Residents may possess up to one ounce and grow up to four plants.
8. Nevada: Recreational legal, Medical legal. Residents are permitted to possess up to 2.5 ounces of marijuana, grow up to six plants per person, and possess 12 plants per household
9. New Mexico: Recreational legal, Medical legal. Residents may possess up to two ounces and grow up to six plants.
10. Oregon: Recreational legal, Medical legal. Residents may possess up to two ounces in public and eight ounces at home and grow up to four plants.
11. Utah: Recreational not legal, Medical legal. Residents may acquire a 30-day supply; home cultivation is not permitted.
12. Washington: Recreational legal, Medical legal. Residents may possess up to one ounce.
13. Wyoming: Recreational not legal, Medical (CBD). Legal to use CBD with less than 0.3% THC.
Territories and Federal District
1. District of Columbia: Recreational legal, Medical legal. Residents may possess up to two ounces and grow up to six plants.
Will THC Make You Fail a Drug Test?
Yes, THC will make you fail a drug test. That’s because most drug tests check for the presence of THC. Therefore, any THC in your body will likely generate a positive result. We recommend that you cease consuming all THC products if you are commonly exposed to drug testing.
Demystifying Drug Tests
Drug tests are difficult to understand. Some people think any recent use of drugs will cause a positive test. However, the likelihood you will test positive depends on how recently you used the drug, how much of the drug you consumed, and the type of test you take.
For example, a urine test will detect any THC you took within 30 days. Blood testing will only detect THC consumed in the past few days. But again, this can vary depending on your dosage.
THC’s Chemical Footprint
Most drug tests test for THC metabolites. These can be found in most THC products. Therefore, you may not fail a drug test if you use a cannabis product that does not contain THC.
For example, a CBD isolate may not cause you to test positive on a drug test. However, THCA could produce a positive test even though it’s non-psychoactive.
Remember, THC analogs like Delta 8, Delta 10, HHC, and others all have similar molecular structures. This may generate a false positive in a drug test.
What are the Side Effects of THC?
THC offers several therapeutic benefits. However, it can also produce side effects due to overconsumption or irresponsible consumption. These side effects are, fortunately, mild and temporary. They may include the following:
- Extreme Euphoria
- Red eyes
- Dry mouth
- Upset Stomach
- Lethargy
- Drowsiness
Why Choose Exhale Wellness for Legal THC Products Online?
THC offers several beneficial effects, but purchasing it from a reputable brand is important. Fortunately, you’ve found one right here at Exhale Wellness!
We offer a wide range of THC products to choose from! Choose from our pure and potent Delta 9 THC line of Gummies and D9 THC Cannabis Oil. Enjoy the classic cannabis sensations of our THCA Flower and Vapes for authentic THC bliss. Or try a THC analog in our line of Delta 8, THCA, and THCp.
Our selection of THC products includes gummies, vapes, flower, pre-rolls, dabs, and more. You can find a product perfectly suited to your needs.
All of our THC products are 100% federally legal and fully Farm Bill-compliant. We only use American-grown hemp cultivated by expert farmers. Every batch of our THC products undergoes strict testing by third-party laboratories to ensure quality and safety.
And if you’re not satisfied (but we know you will be), we offer a full 30-day money-back guarantee. What’s not to like about our products?
FAQ – Is THC Legal?
What Is the Highest THC in the USA?
Cannabis concentrates can offer a THC content of 99%+. In general, cannabis products have varying THC content. Typically, 25%-30% THC is generally quite potent. Take it slow when consuming these products.
Which THC Is Strongest?
THCP is the strongest type of THC. It is said to be 33 times stronger than Delta 9 THC. It is extremely potent due to the strong bonds it forms with the cannabinoid receptors.
What Is the Closest Thing to THC?
The closest thing to THC in terms of euphoric effects is HHC. The cannabinoid is said to be a milder, more manageable version of THC. In terms of non-euphoric effects, CBD may be the closest thing to THC. CBD offers many similar therapeutic benefits.
What Is the Purest Form of THC?
Cannabis concentrates such as THC distillate is the purest form of THC. It is produced by boiling cannabis concentrates and distilling the resulting vapor to separate impurities. It typically results in 95% to 99%+ pure THC.
Final Thoughts – Is THC Legal? [Your Complete Guide with State Lists]
THC offers its share of therapeutic benefits and euphoria. Marijuana-derived THC products are federally illegal. Hemp-derived THC products with concentrations of over 0.3% are not legal on a federal level, but anything at or below that concentration is. State laws vary regarding accepted medical use and recreational use of THC. The cannabis plant source of THC products also determines legality on a state law level.
If you’re looking to experience THC, we advise that you only shop with reputable brands that offer legal, hemp-derived THC products. Make Exhale Wellness your online destination for the best THC products online! All our THC products are federally legal, hemp-based, and provide the lift you need from the world’s most famous cannabinoid! Here’s hoping you can enjoy cannabis safely wherever you are.
