Close this search box.

Home » Is THCA Legal? Complete State-By-State Legislation Guide


Is THCA Legal? Complete State-By-State Legislation Guide

Is THCA Legal? How is it legal? Well, THCA, or tetrahydrocannabinolic acid, is a compound that resides in raw cannabis buds. It is known for its non-psychoactive properties that can be turned psychoactive when a cannabis plant is heated into THC.

The legality of this hemp derivative depends on your state’s laws. It’s crucial to understand its legal status and regulations. This is especially true given its recent rise in the legal hemp market.

Our guide explains the legal details about THCA. It offers a full look at its status across states. This will help you stay informed and see its benefits, products, and the changing laws on cannabis.

Exhale Wellness navigates this complex regulatory environment to provide access to hemp-derived cannabis products. Ensuring compliance with both federal law and the diverse legal frameworks of individual states.



How is THCA Legal?

The legal status of THCA (tetrahydrocannabinolic acid) is intricately tied to the transformative impact of the 2018 Farm Bill. This landmark legislation marked a turning point in the strict cannabis laws. It did so by removing hemp and other mild THC cannabinoids from the list of controlled substances. THCA is a naturally occurring cannabinoid. It is abundant in the cannabis plant. It officially became legal under federal law.

The key distinction between legal and illegal lies in the concentration of THC, the psychoactive component in hemp plants. Under the 2018 Farm Bill, hemp is legal according to federal law as long as it contains less than 0.3% delta-9 THC. Keep in mind anything that comes from cannabis plants, or plant cannabis sativa, may show up on a drug test.

This legal framework enabled the growing cannabis industry. It enabled the production and sale of hemp-derived products like CBD oils, gummies, THCA hemp flower, and edible delta 9 THC products. These products are now legally available for consumption and purchase.

However, the legality is unique across all states. While the federal stance provides a broad framework, individual state laws may differ. This variance can impact the legality of THCA and hemp products in specific regions. Therefore, consumers and businesses must navigate federal and state regulations to ensure compliance and legality.

It’s essential to recognize that interpretations of hemp laws can vary. Leading to different restrictions on THCA. Some places may view legal THCA products more favorably than recreational marijuana products. This difference could create a loophole for those seeking the medical benefits of cannabis without the high.


How Much THCA Is Legal?

THCA’s legality hinges on its concentration, primarily defined by the 2018 Farm Bill. For federal approval, the total THC concentration, including THCA, must not exceed 0.3% by dry weight. Going beyond this threshold renders the products federally controlled substances.

In states where both medical and recreational marijuana are legal, they add more rules for THCA content. They usually measure it in milligrams or as a percentage of the total product weight.

Despite the growing acceptance of cannabis across states, some are also tightening regulations on hemp. The 2023 Farm Bill was expected to address “contingencies” from the 2018 Farm Bill about psychoactive hemp products. But, President Biden deferred it by extending the current bill to September 30, 2024. This keeps the current THC legal framework and leaves THCA’s regulatory fate in flux.


Is THCA Legal In My State?

If you’re wondering about the legality of THCA in your state, this guide provides an overview of the current status. Remember that regulations can change, and it’s always advisable to check with local authorities for the most up-to-date information. Some states may have very strict cannabis laws especially on raw cannabis plants.

State Legal Status for THCA

Arizona Legal

Arizona legalized cannabis for recreational use in November 2020.

Arkansas Legal

THCA obtained from industrial hemp with less than 0.3% THC is not a controlled substance.

California Legal

THCA is legal in California if derived from hemp within the 0.3% delta-9 THC limit.

Colorado Legal

As a cannabis-friendly state, THCA products are legal for adult purchase and possession.

Connecticut Legal

With legalized medical and recreational cannabis, there are no restrictions on THCA in Connecticut.

Delaware Legal

THCA is legal if compliant with the Farm Bill regulations, hemp-derived, and contains less than 0.3% THC.

Florida Legal

Only delta-9 THC is illegal outside Florida’s medical cannabis program.

Georgia Legal

Georgia permits THCA if hemp-derived and within 0.3% delta-9 THC limits

Illinois Legal

Illinois has no restrictions on THCA. Decriminalized marijuana is legal for adults (21 years).

Indiana Legal

Indiana follows federal hemp guidelines; hemp derived THCA is likely legal.

Iowa Legal

Iowa aligns with federal regulations, making hemp-derived THCA safe.

Kentucky Legal

Strict cannabis laws but hemp-derived THCA is free from regulation.

Maine Legal

Recreational cannabis is legal, allowing THCA to be purchased.

Maryland Legal

THCA legality here depends on delta-9 THC content. Hemp-derived THCA is an option.

Massachusetts Legal

Cannabis-friendly Massachusetts permits THCA products for adults.

Michigan Legal

Recently legalized recreational cannabis; cannabis users now enjoy THCA products freely.

Minnesota Legal

Recreational cannabis is legal; THCA can be freely used and purchased.

Missouri Legal

Medical marijuana is legal. Farm Bill-compliant THCA is available.

Montana Legal

Recently legalized for recreational use; THCA products are unrestricted.

Nebraska Legal

Hemp-derived products with <0.3% THC are legal here.

Nevada Legal

Medical and recreational cannabis have been legalized; THCA is accessible.

New Hampshire

Legal THCA is legal if hemp-derived and <0.3% THC in New Hampshire.

New Jersey Legal

No restrictions on THCA; marijuana and hemp are legal.

New Mexico Legal

Recreational cannabis legalized; THCA products are accessible.

New York Legal

Recreational cannabis is legalized; THCA is available.

North Carolina Legal

No restrictions on hemp-derived THCA; careful with THC levels.

North Dakota Legal

You can sell & purchase hemp-derived THCA with<0.3% THC.

Ohio Legal

Recently legalized for recreational but not medical use; Adults of 21 and older can buy and possess up to 2.5 ounces of cannabis and grow plants at home.

Pennsylvania Legal

Follows federal regulations; THCA with <0.3% THC is legal.

South Carolina Legal

Legal Hemp-derived THCA with <0.3% THC is legal in South Carolina.

South Dakota Legal

This state relies on federal hemp laws. Farm Bill compliant THCA products are legal, despite overall marijuana prohibition

Tennessee Legal

Tennessee lacks specific THCA legality details. THCA products, adhering to federal delta-9 THC limits, are legally obtainable.

Texas Legal

Texas follows federal cannabis guidance, making Farm Bill-compliant THCA legal.

Virginia Legal

THCA from hemp plants with <0.3% delta-9 THC is legal here, aligning with federal cannabis guidelines.

Washington Legal

Washington welcomes all cannabis derivatives, ensuring legal access to THCA flower, concentrates, gummies, and oil.

West Virginia Legal

West Virginia lacks a stance on THCA’s status but seems to align with federal guidelines, permitting THCA purchases from Farm Bill-compliant sources.

Wisconsin Legal

Wisconsin restricts THCA access to medical marijuana patients but follows federal guidelines for hemp-derived THCA

Wyoming Legal

Wyoming places no legal restrictions on hemp-derived THCA products (<0.3% delta-9 THC), with advisable lab test readiness for scrutiny.


Why Choose Exhale for THCA Products?

Exhale is the top choice for THCA products. This is due to our commitment to quality, transparency, and customer satisfaction. We craft a range of THCA products. It includes THCA flowers, THCa vape carts, and more. We make them with care to ensure high standards of potency and purity.

Our THCA flower is sourced from trusted hemp cultivators, guaranteeing premium quality and compliance with federal regulations. Each bud is hand-selected for its rich cannabinoid profile, offering users a potent and flavorful experience.

Our THCA Vape Carts are expertly formulated. They use the best ingredients and the latest extraction techniques. Each vape is infused with a precise dose of THCA, and other hemp derivatives. Providing a convenient and discreet way to incorporate this cannabinoid into your daily routine. With a variety of delicious flavors to choose from, our vapes are a tasty and enjoyable option for THCA enthusiasts.

In addition to our THCA flower and vapes, Exhale offers a comprehensive selection of THCA products, including thc-a joints or pre-rolls. We rigorously test each product in the lab for potency and purity. This ensures our customers get only the highest quality THCA products.

At Exhale, we prioritize customer satisfaction above all else. Our teams of professionals are dedicated to supporting and guiding you in finding the perfect THCA product for your needs. Whether you’re new to THCA or a seasoned enthusiast, you can trust Exhale. They will deliver great quality and service every time.

With our unwavering value for quality and customer satisfaction, Exhale is the ultimate destination for premium THCA products. Experience the difference for yourself and elevate your wellness journey with Exhale today.



FAQs About THCA Legality?

How does THCA differ from THC in terms of legality?

THCA is the non-psychoactive precursor of THC in cannabis. In its raw form, THCA is typically legal because it does not produce any euphoric feeling. Unlike THC, the psychotropic molecule created when THCA is heated, Which is frequently regulated.

Is THCA considered a controlled substance under federal law?

THCA itself is not considered a controlled substance under federal law. It becomes THC, a controlled substance, when heated or decarboxylated. However, THCA derived from hemp with less than 0.3% THC is federally legal under the 2018 Farm Bill.

Does THCA legality vary from state to state?

Yes, THCA legality varies from state to state. Some states have specific laws addressing THCA, while others follow federal guidelines. It’s essential to check local regulations regarding the legality of THCA products in each state.

How do regulations distinguish between THCA and psychoactive THC?

Regulations typically distinguish between THCA and psychoactive THC based on their psychoactive properties. While THCA itself is non-psychoactive, it transforms into THC when heated. The amount of psychoactive THC is often a key factor. It determines legality and regulation.

How can consumers ensure they are compliant with THCA laws and regulations?

Consumers can ensure compliance with THCA laws by verifying product labeling for THC content. Also, sourcing from reputable vendors and staying informed about state regulations. Additionally, consulting legal resources or professionals can clarify specific laws and requirements.


In conclusion, this overview clarifies the legal distinctions between THCA and THC. Highlighting THCA’s federal legality under the 2018 Farm Bill, provided it originates from compliant hemp. Still, state regulations differ, affecting THCA product legality.

As laws evolve, it’s crucial to consult state guidelines and source from trusted vendors. For participants in the burgeoning cannabis market, staying ahead of and compliant with federal and state legislation is essential for maintaining legality in this dynamic industry.


ExhaleWell Newsletter

Stay in the loop with everything ExhaleWell®. Sign up for our Newsletter Today!


Connect with Us on Social Media

Leave a Comment

Your email address will not be published. Required fields are marked *

Which product is right for me?