If you are a cannabis consumer or are interested in THC or THCa, you’re probably wondering, “Is THCa legal?”. With a growing cannabis industry, the availability of hemp-derived products, and the ever-changing legal landscape of cannabis and its byproducts, THCa legality can be confusing.
Let’s break it down so you can better understand the rules and regulations, from federal to state levels, what the 2018 Farm Bill says about THCa, and what it means for consumers.
What is THCa?
THCa, or tetrahydrocannabinolic acid, is a cannabinoid found in raw cannabis plants. It’s the chemical that transforms into THC, the cannabis compound known for its psychoactive effects. Heating cannabis, whether by smoking, vaping, or cooking, triggers a chemical reaction that transforms THCa into THC.
This process is essential for both recreational cannabis use and legal implications, as THCa is a non-psychoactive compound.
In legal terms, this distinction matters: THCa is not considered a controlled substance under federal law as long as the flower doesn’t contain more than 0.3% Delta-9 THC.
Is THCa Federally Legal?
The short answer is: Yes, but with conditions. THCa is legal under federal law if it is derived from hemp and contains no more than 0.3% THC by dry weight.
This is based on the 2018 Farm Bill, which legalized hemp cultivation and the production of hemp-derived products as long as they don’t exceed 0.3% THC.
That means THCa products, like oils, tinctures, or flowers that are properly labeled and fall within federal THC limits (no more than 0.3%), are legal.
What Does the 2018 Farm Bill Say About THCa?
On a federal level, the 2018 Farm Bill legalized hemp, defined as cannabis containing no more than 0.3% THC. This law allowed for the production and sale of hemp-based products, including THCa, as long as they met the THC limit.
While the Farm Bill doesn’t directly address THCa, it focuses on the legal status of hemp-derived cannabinoids. Since THCa is a non-psychoactive cannabinoid, it’s considered legal as long as it adheres to the 0.3% THC threshold. However, state-level cannabis laws can create confusion around THCa’s legality.
That’s why we made a state-by-state THCa legality report to help you figure it out.
State-by-State THCa Legality
Most states follow federal rules for hemp products, but some states have stricter or looser laws, or are still working on updating their cannabis laws. Here’s a look at how THCa is treated in various states:
Alabama
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- THCa is legal under the state’s cannabis laws.
- Hemp was legalized through SB 225.
- The state does not test finished hemp products for total THC levels.
- Intoxicating hemp cannabinoids, including THCa, are legal for adults 21 and older.
Alaska
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- THCa is legal under both medical and recreational cannabis laws.
- Products containing THCa are subject to the same regulations as THC: Adults can buy up to 1 ounce of weed flower, 7 ounces of weed concentrate, or 5,600 mg of edibles.
Arizona
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- THCa is permitted under the medical cannabis program.
- Recreational cannabis was legalized in 2020, allowing adults over 21 access to THCa.
- Products must comply with state regulations for labeling and potency.
California
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- THCa is legal for both medical and recreational use.
- Cannabis may be purchased by individuals aged 18 or older with a physician’s recommendation for medical use, or by individuals aged 21 or older for recreational use.
Colorado
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- THCa is legal for both medical and recreational users.
- Adults 21 and older can possess up to one ounce of marijuana.
Connecticut
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- THCa is legal for registered medical marijuana patients.
- Recreational cannabis was legalized in 2021 for all adults over 21.
- Regulations require proper labeling.
Delaware
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- THCa derived from marijuana is legal for medical marijuana patients and recreational users.
- Adults 21 and older can have up to one ounce of marijuana.
- Delaware follows the 2018 Farm Bill, adhering to federal hemp regulations.
Hawaii
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- THCa is legal if derived from hemp and contains less than 0.3% Delta-9 THC on a dry weight basis.
- State laws align with federal regulations.
Illinois
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- THCa is legal under the state’s recreational and medical cannabis laws.
- Cannabis products, including those with THCa, must adhere to state regulations for labeling, potency, and possession limits.
- Adults 21 and older can carry up to 30 grams of cannabis flower, 500 mg of THC in edibles, or 5 grams of concentrate.
Indiana
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- Hemp-derived products, including those with THCa, are legal if they contain less than 0.3% THC.
- This state takes into account the THC quantity after decarboxylation.
Iowa
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- Following Iowa’s Controlled Substances Act, THCa is not considered an illegal substance if it is derived from hemp.
- THCa derived from hemp is legal, provided it contains less than 0.3% Delta-9 THC by dry weight.
Kentucky
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- THCa is legal if derived from hemp and contains less than 0.3% Delta-9 THC by dry weight.
Maine
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- THCa is legal under both medical and recreational cannabis laws.
- Adults 21 and older can have up to 2.5 ounces of weed, weed concentrate, and weed products.
Maryland
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- THCa is legal as part of the state cannabis legislation.
- Starting July 1, 2023, adults 21 and older can have up to 1.5 ounces of weed flower, 12 grams of weed concentrate, or 750 milligrams of THC in total.
Montana
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- THCa is legal under Montana’s medical and recreational cannabis laws.
- Adults 21 and older can possess cannabis products, including THCa.
Nevada
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- THCa is legal for both medical and recreational use.
- Adults 21 and older can legally purchase and possess cannabis products containing THCa.
New Mexico
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- THCa is legal thanks to the Cannabis Regulation Act, which legalized recreational cannabis for adults 21 and over, and was signed into law by Governor Michelle Lujan Grisham on April 12, 2021.
New York
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- Following the New York State law, adults 21 and older can have up to 3 ounces of TCHa/THC and 24 grams of cannabis concentrate.
Ohio
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- THCa is legal following the state’s legalization of recreational cannabis in 2023.
- Adults 21 and older can have up to 2.5 ounces of cannabis and 15 grams of concentrate.
Oregon
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- THCa is legal thanks to the state’s cannabis legislation.
- Adults 21 and older can have up to 1 ounce of dried cannabis, 1 ounce of marijuana concentrate, 16 ounces of solid marijuana products, and 72 ounces of liquid marijuana products in public.
Rhode Island
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- THCa is legal following the Rhode Island Cannabis Act, which allows adults aged 21 and up to possess up to one ounce of marijuana in public or up to 10 ounces at home.
Texas
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- THCa is legal if it contains less than 0.3% Delta-9 THC by dry weight.
- A Certificate of Analysis (COA) must verify compliance.
Vermont
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- THCa is legal in Vermont thanks to the state legislation updates.
- Vermont legalized weed for adults in October 2022, though medical marijuana has been legal since 2004. Adults can have up to one ounce of weed.
Virginia
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- Under Virginia’s cannabis law, THCa is legal. The law allows adults aged 21 and over to possess up to 1 ounce (28 g) of marijuana.
Washington
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- THCa is legal for both medical and recreational users.
- Washington led the way for recreational weed in the US in 2012.
- Only adults aged 21 and older may purchase and possess marijuana for recreational use.
Frequently Asked Questions
How Much THCa Is Legal in the US?
THCa is legal as long as it contains less than 0.3% THC by dry weight.
Is THCa Classified as a Controlled Substance Under Federal Law?
No, THCa is not a controlled substance as long as it meets the 0.3% THC requirement for hemp-derived products.
What’s the Difference Between THCa and Regular THC, Legally Speaking?
THCa is non-psychoactive in its natural form and only becomes THC (the psychoactive compound) when heated or decarboxylated. Legal distinctions are often based on whether the compound adheres to the 0.3% THC legal limit.
How Can I Ensure I’m Following the Rules for THCa?
To ensure compliance, always check the THC content (it shouldn’t be more than 0.3%) in THCa products, review state-specific regulations, and purchase from trusted sources.
Will THCa Show in a Drug Test?
THCa itself is not typically tested for in standard drug tests. However, when it converts to THC, it will show up on a drug test as a positive result for cannabis use.
Final Thoughts
Navigating the world of cannabis and hemp-derived products like THCa can be tricky due to varying laws across states. However, the bottom line is that THCa is generally legal as long as it adheres to federal guidelines and contains no more than 0.3% THC by dry weight.
Whether you’re in a cannabis-friendly state or a stricter one, it’s important to know the rules so you know what steps to follow.
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