Is THCA Legal? [Complete 50 State guide]

No, the federal government does not consider THCa to be a controlled substance. It is federally legal as long as products meet Farm Bill regulations of being hemp-derived with a total THC content of 0.3% or less. However, state laws vary and may be more restrictive due to THCa’s potential to convert into euphoric THC. The fluidity of the law further adds to the legality concerns.

Both THCa and THC hemp products are federally legal as long as the total THC content does not exceed 0.3%. Products that contain more than 0.3% THC are considered to be illegal by federal standards. However, states have their own regulations that may impose stricter rules on the federal definition or just do away with it altogether. Check your state’s laws on THCa and THC to see whether these products are legal where you live.

Some states distinguish between THCa, which is non-psychoactive in its raw state, and THC, which is psychoactive and can be derived from heating THCa. However, an increasing number of states are lumping THCa and THC together and adopting “total THC” laws that make both products mostly illegal. 

Yes, the legality of THCa varies from state to state. Although the federal government follows the Farm Bill, and the DEA has its own definition that includes “total potential THC,” state governments can enact their own laws. Depending on the state, THCa may be legal, illegal, or it may fall into a gray area.

Given the ever-evolving landscape of THCa legality, consumers must stay posted on current laws and regulations to remain compliant. They can ensure compliance by regularly checking in with their local health department, staying updated with reliable news sources, and purchasing products from brands that are in tune with the latest legislation and don’t ship to illegal states. 

“Total THC” or “Total Potential THC” is the full measure of a product’s total psychoactive potential. It doesn’t just count the THC that’s already active; it also factors in THCa, which naturally converts into THC when heated. So when states set a limit on “total THC,” they’re looking at both the present THC and the THC that could form from THCa if the product is smoked, vaped, or cooked. It’s the rule that creates a legal gray area for THCa in many places.

THCa is effectively illegal in Alabama. Though THCa was once legal in Alabama, it is now prohibited and restricted in many forms due to the passage of HB445, which occurred in mid-2025. The law now counts THCa toward the “total THC” amount and bans all smokable products, including THCa flower, pre-rolls, and vapes. Violations are considered a class C felony. Edible potency limits are restricted to 10 mg per serving and 40 mg per package.

Cannabis products may only be purchased from licensed dispensaries by individuals 21 years of age or older. The current legislation aims to target intoxicating hemp products, making them less accessible throughout the state.

THCa is legal in Alaska as long as products do not contain more than 0.3% THC on a dry-weight basis. Although the state has explicit regulations regarding other cannabinoids such as Delta 8 THC, THCa is not explicitly prohibited. As a result, THCa products can be sold outside of the licensed cannabis dispensaries.

THCa is legal in Arizona, with significant restrictions on where you can purchase it from. The Grand Canyon State recently enforced strict regulations insisting that potentially psychoactive products can only be sold through licensed channels. As a result, the rules only allow for purchases from licensed dispensaries and medical marijuana facilities. The state updated its regulations to crack down on unlicensed retailers, like smoke shops and convenience stores.

Like many states, Arkansas has updated its laws to ban intoxicated hemp derivatives, including THCa, making all THCa products illegal in the state. In June 2025, the Eighth Circuit Court of Appeals upheld the state’s Act 629, which bans the sale and possession of hemp-derived products containing Delta 8, Delta 9 (if synthetically converted), and THCa unless sold through licensed medical marijuana dispensaries. This decision affirmed Arkansas’s authority to regulate intoxicating hemp derivatives, even if they meet federal hemp standards. Some business owners are challenging the ruling, so consumers should stay informed about any subsequent legal developments.

Hemp-derived THCa products are illegal in California. Although the state legalized a recreational cannabis market, it explicitly moved to ban the sale of intoxicating hemp products, including THCa. Emergency regulations took effect in September 2024 and remain in effect. 

The state is also one of the many that has adopted the “total THC” rule, which includes THCa in total THC content due to its potential to convert. Under this law, it is almost impossible to legalize THCa hemp products. The ban was put into place to prevent intoxicating hemp products from being sold to minors and to ensure consumer safety within the industry.

Colorado bans the sale and possession of hemp-derived THCa.  While Colorado legalized recreational cannabis under Amendment 64, the state has implemented stricter regulations on hemp-derived products. Specifically, Colorado Senate Bill 22-205 (SB22-205) prohibits the sale and possession of intoxicating hemp products, including THCa, unless they are sold through licensed medical marijuana dispensaries. 

The Centennial State restricts finished hemp products, limiting them to a maximum of 1.75 mg of THC and a 15:1 ratio of CBD to THC. To put this in perspective, one gram of pre-roll typically translates to 100 to 150 mg of THC, way over the limit. Additionally, Colorado adopted a “total THC” law similar to California and other states. This makes it difficult for any hemp-derived THCa product to qualify as legal.

THCa is legal in Connecticut, but it is highly regulated. The state allows hemp-derived products with a total THC level of 0.3% or less—this number also includes the amount of THCa. Hemp products with high THC concentrations are treated as marijuana under state law and may be sold at licensed dispensaries only, opening the door to THCa products. 

The state also adopted new cannabis laws in 2024 and 2025, one of which states that only licensed dispensaries and liquor stores with special waivers can sell THC-infused beverages. Another law placed a potency cap of 3 mg of THC per serving and 5 mg of THC per container.

Hemp-derived THCa products are legal in Delaware as long as they do not go beyond the 0.3% THC limit. The First State’s laws are lax regarding the use of THCa and other cannabinoids. Delaware also legalized recreational marijuana sales, including hemp-derived products, such as THCa, for adults 21 and over.

THCa sits in a somewhat legal gray area due to updates to the law. Florida is one of the many states that used to align with the Farm Bill, allowing hemp-derived products with a low THC content. However, in mid-2025, the Sunshine State adopted the “total THC” rule, whereby the total amount of THC and THCa must be 0.3% or less for hemp-derived products to be considered legal.

The state also has a medical marijuana program that allows patients to buy and possess THCa and other cannabis products that exceed the legal limits. These products must be purchased from state-licensed dispensaries and are treated like marijuana. 

THCa hemp products are effectively illegal in Georgia. In April 2024, Governor Brian Kemp signed Georgia Senate Bill 494, stating that THC and THCa were the same. Any product with a total concentration of THC + THCa above 0.3% is illegal. With the “total THC” law in place, no THCa product can be considered legal.

There is some confusion because Georgia also adopted Senate Bill 213 (SB 213) in 2019, which legalizes all hemp products with a low THC concentration. However, Senate Bill 494 (SB 494) overrides SB 213, which removes hemp products from the definition of marijuana. However, it’s best to play it safe and refrain from using THCa to avoid legal trouble.

Hawaii aligns with the “total THC” rule, which makes THCa effectively illegal. The Aloha State also bans the sale, use, and possession of smokable hemp products, which is the main form factor in which THCa products are sold. Hawaii doesn’t allow recreational marijuana but does have a regulated medical cannabis program. Medical cannabis is legal for those with a cannabis card and when purchased at licensed dispensaries. 

Additionally, in 2026, a new state law will allow the Department of Health to seize unregulated or mislabeled intoxicating hemp products from unlicensed retailers. Despite current laws, some hemp products, such as tinctures, capsules, and edibles, are still legal provided they stay within the total THC limit. However, retailers are prohibited from selling hemp-infused gummies, food, and beverages.

THCa is illegal in Idaho. The Gem State has strict cannabis laws. Their zero THC policy allows only cannabis products with no THC content. The state identifies all THC isomers and precursors, including THCa, as illegal controlled substances. This policy is upheld regardless of whether the compound is sourced from hemp or marijuana.

THCa is legal in Illinois. Cannabis laws in the Land of Lincoln vary wildly from Idaho’s, with minimal regulations regarding THCa, hemp, and marijuana. The Illinois state Hemp Act aligns with the Farm Bill, defining legal hemp products as those containing no more than 0.3% THC by dry weight. However, the Illinois Department of Agriculture does take into account THCa in determining the “total THC” value. Most THCa products exceed the 0.3% limit and are treated as cannabis rather than hemp. Luckily, the state also allows medical and recreational marijuana use for adults 21 and over, with most products available for purchase at licensed dispensaries.

Hemp-derived THCa products are legal in Indiana as long as they are non-inhalable and contain 0.3% or less THC. The state aligns with the Farm Bill, allowing hemp products with a low THC concentration. It also enforced Title 15, which bans smokable hemp products — these include vapes. The state does not have a medical marijuana program, so there are no extra protections or exceptions allowing consumers to access higher-dose products. 

Although THCa may not be explicitly mentioned in Indiana cannabis laws, it is not listed in the Controlled Substances Act. Therefore, consumers can legally purchase raw extracts infused into tinctures and edibles as long as these products satisfy the THC rule.  

Hemp-derived THCa products are highly restricted and effectively illegal in the state of Iowa. The Hawkeye State adopted the “total THC” rule, effectively making most THCa products illegal. Additionally, Iowa bans all inhalable hemp products regardless of THC content. 

However, Iowa had strict rules in place prior to the latest updates. For example, the state also enforced limits on consumable hemp products, limiting total THC content to 4 mg per serving and 10 mg per package, and mandating that all THCa products come with certified documentation ensuring they met legal limits. The state has a medical marijuana program, but it is highly regulated and restricted, and THCa is not an approved product. 

Hemp-derived THCa products are effectively illegal in Kansas. While the state aligns with the 2018 Farm Bill, which permits hemp products containing less than 0.3% total THC, Kansas enforces stricter regulations. The state defines “total THC” to include both THC and THCa, and any product exceeding this threshold is considered illegal. Additionally, Kansas prohibits the sale of smokable hemp products, including THCa flower, and bans specific formats such as vapes and teas. Therefore, even if a THCa product meets the federal THC limit, its legality in Kansas is questionable due to these additional restrictions.

Although technically in a gray area, Kentucky’s adoption of the “total THC” rule means THCa is nearly impossible to sell or possess in the state legally. Kentucky aligns with the Farm Bill, but considering the accounting of both THCa and THC in cannabis products, most exceed the legal 0.3% limit. The Bluegrass State also imposes a strict ban on the sale of hemp flower. However, licensed hemp growers, processors, and handlers can transfer raw hemp flower, but they can only do so with other licensed parties. As a result, it is difficult for consumers to readily access THCa due to the strict restrictions imposed by the state.

THCa is effectively illegal in Louisiana. Governor Jeff Landry signed House Bill 952 (HB 952) into law in June 2024, which implemented several statewide bans and restrictions. The state has adopted a “total THC” law, which takes into consideration THCa and THC concentrations, making THCa products virtually impossible to sell legally. The state also banned all smokable hemp flower. Non-smokable products cannot exceed 5 mg of total THC per serving and 40 mg of total THC per package. Products cannot be sold at gas stations or stores licensed to sell liquor, and can only be purchased by individuals 21 years and older.

THCa is legal in Maine. However, its sale and possession are under its comprehensive adult use laws that allow recreational marijuana to anyone 21 and over. Consumers can purchase cannabis throughout the state at licensed medical and adult-use dispensaries. Although visitors may purchase cannabis products, it is illegal to transport them across state lines. 

Although cannabis laws in the state are lax, lawmakers passed a bill in 2025 intended to regulate potentially intoxicating hemp products by requiring packaging to state their contents clearly. Subsequent legislation could impact the legality of THC and other hemp derivatives.

THCa is legal in Maryland as part of the state’s 2023 Cannabis Reform Act, which legalized recreational marijuana for adults 21 and over. However, the legislation also put tight restrictions in place, banning intoxicating hemp products outside the regulated market. Therefore, consumers can only purchase THCa at licensed dispensaries. 

The Old Line State has adopted new cannabis laws in recent years, ruling that Delta 8 and Delta 10 have always been illegal. Additionally, unlike the Farm Bill, it judges a product’s legal status based on its potential to become intoxicating rather than its THC content. However, THCa remains legal- for the time being.

THCa is legal and highly regulated in Massachusetts. The state follows the “total THC” rule, meaning THCa counts toward a product’s total THC content. Only licensed cannabis dispensaries can sell hemp-derived products exceeding 0.3% total THC.

Massachusetts splits oversight between two agencies: the Cannabis Control Commission (CCC) for marijuana and the Department of Agricultural Resources (MDAR) for hemp. This divided authority often causes confusion, prompting discussions about consolidating oversight under the CCC.

THCa is legal in Michigan and highly restricted. Michigan aligns with both the federal Farm Bill and the state’s total THC testing rules. When both THC and THCa are measured, products typically exceed the 0.3% THC limit and are therefore considered marijuana under state law. However, licensees operating under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and the Marihuana Facilities Licensing Act (MFLA) may legally produce and sell cannabis products with THC levels above 0.3%, provided they follow all state regulations. Anyone not licensed under these programs who sells or possesses high-THC products violates Michigan law.

Hemp-derived THCa products are highly restricted and only available for purchase from licensed cannabis dispensaries. Minnesota adopts “total THC” laws as well, meaning it accounts for both THC and THCa when considering THC content. However, a content above 0.3% means the product is classified as marijuana rather than hemp. Since the state has a recreational cannabis program, it is still legal. However, there are some restrictions given its status as a marijuana product. For example, THCa can only be purchased from a licensed dispensary. Sale or possession outside of the North Star State’s cannabis framework is prohibited.

THCa is not legal for recreational use in Mississippi. However, it can be purchased by medical marijuana patients who are a part of the state’s medical cannabis program. Although some THCa products were sold in Mississippi after the passage of the Farm Bill, the cannabinoid has never been fully legal for recreational purposes. More recently, in June of 2025, the Attorney General Lynn Fitch’s opinion tightened restrictions prohibiting cannabis products unless they were FDA-approved or sold through the state’s medical cannabis program. Law officials have also been cracking down on businesses selling unapproved products.

THCa’s legality in Missouri is complex. The state recognizes the “total THC” rule, counting both THC and THCa to determine whether a product meets the legal hemp threshold. Products exceeding this limit aren’t automatically illegal, but they’re classified as marijuana and can only be sold at licensed dispensaries. Missouri has also targeted intoxicating hemp products, issuing cease-and-desist letters to retailers accused of selling products containing THCa or other high-THC hemp derivatives.

Hemp-derived THCa products are highly restricted in Montana, and the laws are somewhat convoluted. The state uses a “total THC” standard, counting both THCa and THC when determining a product’s legality. Additionally, House Bill 49 (HB 49) sets strict caps of 0.5 mg THC per serving and 2 mg THC per package, effectively eliminating most intoxicating hemp products. Senate Bill 375 (SB 375) also prohibits the sale of hemp products containing any detectable THC to consumers unless explicitly authorized by the FDA. For residents, the only legal way to access THCa products in the state is through state-licensed dispensaries or as a registered medical cannabis patient.

The legal status of THCa in Nebraska sits in somewhat of a gray area due to legislation and a recent shift by lawmakers toward stricter regulation. As of October 2025, hemp-derived THCa is legal in Nebraska if it contains 0.3% or less THC, in line with the 2018 Farm Bill. THCa itself isn’t euphoric and only converts to THC when heated.

However, the legal landscape is shifting in the Cornhusker State. LB 316, which failed to pass in May 2025, would have banned products exceeding 0.3% total THC or 10 mg per package. It’s likely to be revived in 2026. Nebraska’s Attorney General is also targeting THCa with enforcement actions. For now, THCa is legal, but legislation and crackdowns could change that soon.

THCa is legal in Nevada as part of its thriving cannabis market. The state’s Cannabis Compliance Board (CCB) regulates the market and permits the sale of THCa products through licensed dispensaries, provided they meet state regulations. For example, you must be at least 21 to purchase cannabis. It is illegal to consume cannabis in public spaces and drive under the influence. You are also limited to purchasing one ounce of cannabis flower or 0.5 ounce of cannabis concentrate at a time. 

THCa is illegal in New Hampshire. The current regulation is a part of efforts to crack down on unregulated hemp-derived products by adopting “total THC” laws. In August 2024, Governor Chris Sununu signed Senate Bill 505 (SB 505), which banned all hemp-derived products containing any amount of THC. This includes THCa, which is the precursor to THC. 

Patients with a medical marijuana card may access THCa and other products with a high THC content. However, the program is limited to restricted qualifying conditions, prohibits home cultivation, and has strict patient-provider requirements.

Thanks to its fully legalized cannabis program, THCa is legal in New Jersey. However, there are restrictions. For example, sales are restricted to individuals 21 and over, and products can only be purchased from a licensed dispensary, ensuring they are tested and labeled in accordance with state regulations. Labels must be transparent about cannabinoid profiles and the THC and THCa concentrations in the product.

Hemp-derived THCa is legal in New Mexico, but with some important considerations. Like other states, New Mexico follows the “total THC” limit, which requires a THC+THCa concentration at or below 0.3%. Ever since New Mexico’s Cannabis Regulation Act went into effect in 2021, THCa and other forms of recreational and medical cannabis products have been legal in the state regardless of their source and THC concentration. Although the program does not have many restrictions, it limits possession to 2 ounces of cannabis, 16 grams of extract, and 800 mg of edible cannabis. Additionally, you can not consume cannabis on public property or drive under the influence. 

New York does not prohibit THCa products. It can be purchased at licensed dispensaries. However, sales are overseen by the New York State Office of Cannabis Management (OCM), which ensures they comply with state rules regarding testing, labeling, and potency. The OCM has stated that “intoxicating” hemp products are illegal; THCa, in its natural state, is not intoxicating, which further complicates matters. The state is also considering new legislation that would put more restrictions on THC and other cannabis products. The state already bans hemp-derived isomers like Delta 8, indicating it could enforce stricter laws in time.

THCa hemp products are legal in North Carolina, provided the combined “total THC” content — including both THCa and THC — does not exceed 0.3%. Although no laws specifically state that THCa is illegal in North Carolina, it is leaning towards total THC regulations, which would make THCa difficult to access. Other new rules in the state’s cannabis industry include increasing the age restriction to 21 and above, a three-tier system requiring licenses for manufacturers, distributors, and retailers, as well as updated packaging and labeling requirements. The new legislation aims to clarify any ambiguities created by the Farm Bill. 

THCa products are illegal in North Dakota. The state first banned THC isomers in 2021 and expanded the law in 2024 to explicitly include THCa. As a result, THCa products are illegal throughout the Roughrider State.

Ohio aligns with the Farm Bill, meaning hemp-derived THCa products with a THC concentration of 0.3% or less are legal. However, the legal landscape is undergoing a dramatic shift. Pending legislation and a temporary executive order restricting intoxicating hemp sales indicate tighter regulations may be coming, potentially changing their legal status.

Hemp-derived THCa products are legal in Oklahoma under specific conditions. The Sooner State recently adopted a “total THC” rule that would effectively make all THCa products with a THC + THCa concentration exceeding 0.3% illegal. THCa is also available to medical marijuana patients with a valid state-issued card who purchase at licensed dispensaries. These individuals are subject to possession limits.

Like other states, Oregon allows for hemp-derived THCa products that have a “total THC” concentration of 0.3% or less. If the total amount of THCa + THC in a product exceeds this amount, it is considered to be illegal. However, any THCa product with a total THC content above 0.3% is technically not prohibited. All products with a THC concentration above this amount are considered adult-use cannabinoids and can only be purchased through licensed retailers.

THCa products are legal in Pennsylvania if they are hemp-derived and contain 0.3% THC by dry weight. The state aligns with the Farm Bill, making THCa legal in its raw form. However, things can get murky once the cannabinoid undergoes decarboxylation and the total THC content goes above 0.3%. Other gray areas exist in the state. For example, it can be challenging to distinguish hemp-derived and marijuana-derived products. Enforcement can also be inconsistent, presenting a legal risk for consumers.

Hemp-derived THCa products are legal in Rhode Island if they contain a total THCa + THC content of 0.3% or less. Edibles can contain up to 1 mg THC per serving (5 mg per package), inhalable concentrates up to 5 mg per package, and hemp flower up to 1% total THC. Retailers must sell products through licensed dispensaries and have them tested by approved labs. A 2025 pause on new hemp retailer licenses may affect availability, so check that products comply with state rules before buying.

THCa is legal in South Carolina, provided it meets strict Farm Bill standards with total potential THC not to exceed 0.3%.  The state requires licensed hemp products to undergo laboratory testing and adhere to age restrictions. While Delta 8 has been banned, raw THCa remains legal. However, law enforcement and interpretation can vary by jurisdiction, creating some uncertainty for consumers.

THCa is illegal in South Dakota as part of its ban on intoxicating hemp products, including those that convert to THC. Although THCa was not explicitly mentioned in the new legislation House Bill 1125 (HB 1125), Delta 8 and Delta 10 were targeted, reflecting the state’s strict stance. Additionally, many cities are taking local action, as evidenced by Sioux Falls and Rapid City conducting compliance checks on smoke shops. In these areas, possession of intoxicating hemp products is not illegal, but sales are. Although the state has a medical marijuana program, it does not apply to THCa.

Although THCa is currently legal in Tennessee under a temporary injunction, a new law banning the sale of products containing more than 0.3% total THC will go into effect on January 1, 2026. Governor Bill Lee signed legislation that will have the state adopt “total THC” regulations, effectively making all THC products illegal. 

Manufacturing, delivering, or possessing cannabis products that exceed the legal limit will be punishable as a criminal offense. Other hemp-derived products will still be available, but only through face-to-face sales at legal brick-and-mortar retailers. Online purchases and deliveries will be prohibited. Oversight of the hemp industry will also be transferred from the Department of Agriculture to the Tennessee Alcoholic Beverage Committee (TABC), requiring all retailers to obtain new licenses.

Hemp-derived THCa products with 0.3% or less THC are legal in Texas. However, advanced regulations and restrictions are closing in on the market. Governor Greg Abbott issued an executive order requiring the Texas Department of State Health Services (DSHS) to adopt “total THC” testing requirements. While “total THC” enforcement is lax, many lawmakers are pushing for this executive order to become official law. In short, use caution when purchasing hemp-derived THCa products. 

Although THCa may be technically legal in Utah, it is so heavily restricted that it is only available in non-smokable forms and to medical marijuana patients. The state has banned smokable hemp products, including flower and vapes. Tinctures, oils, and edibles are still permitted, but they must meet the legal total THC limit of 0.3% or less. The only way to access high-THCa products in Utah is by holding a medical marijuana card, which allows patients to purchase them in all legal forms from licensed medical retailers.

Vermont is one of the few states that legalized THCa regardless of its potential to convert into high-potency THC. The state aligns with the Farm Bill, allowing THCa hemp products with a THC content of less than 0.3%. The Green Mountain State even went a step further, legalizing and regulating cannabis for adult and recreational use.

THCa is legal but highly restricted in Virginia as the state institutes a “total THC” limit of 0.3% or less. Additionally, inhalable and ingestible products are limited to no more than 2 mg of total THC per package unless the product meets a CBD to THC ratio of at least 25:1. Though the law has been challenged, it was upheld by a court in January 2025.

THCa and other hemp-derived products with any detectable THC are legal in Washington state as long as they stay at or below the 0.3% THC threshold. These products must be sold exclusively through licensed retailers.

As of today, hemp-derived THCa is legal in Washington, D.C. under the 2018 Farm Bill. Although not a state, the nation’s capital aligns with this federal definition of hemp and has not passed any laws specifically restricting THCa. However, because THCa converts into THC when heated, consumers should be aware that local authorities may interpret its legality based on total THC content and intended use. But for now, THCa flower and all related hemp products remain legal for purchase and use in Washington, D.C., as long as they meet federal guidelines.

Hemp-derived THCa is legal in West Virginia as long as it meets the 0.3% total THC rule by dry weight. The West Virginia Department of Agriculture requires all hemp products to be registered and lab-tested to verify compliance. While natural cannabinoids like THCa are permitted, the state has banned synthetic or altered compounds such as Delta 8. In short, THCa is legal, but only if it’s hemp-derived, properly tested, registered, and stays under the total THC cap.

THCa is currently legal in Wisconsin, provided products are hemp-derived with a THC content of 0.3% or less. However, its legality exists in a somewhat gray area due to varying interpretations of the law. For example, there’s no comprehensive statewide legislation, so local jurisdictions often set and enforce their own rules. Lawmakers are aware of this and have proposed new legislation to account for total potential THC, psychoactive cannabinoids derived from hemp, and criminalize products like THCa flower, vapes, and edibles.

In 2024, Wyoming adopted total THC laws and banned hemp-derived products containing intoxicating cannabinoids or synthetic substances, which includes THCa, effectively making it illegal. A lawsuit challenging the ban was denied by a federal judge, who affirmed the state’s right to enforce stricter rules than federal law.

Wyoming has no recreational or medical marijuana programs, so there are no exceptions for THCa products. Possessing or selling illegal THC products, including THCa that exceeds the state’s limits, can result in misdemeanor charges and potential legal consequences.