THCA: Where Is It Legal? State By State List

Tetrahydrocannabinolic acid (THCA)  is the raw form of delta 9 THC, which occurs naturally in cannabis.  In its raw form, its non-intoxicating, but once it gets heated, it becomes delta 9 THC, which, as we all know, is highly psychoactive. 

Hemp manufacturers are creating THCA-infused flower as well as vapes, to sidestep federal law’s delta 9 restrictions and allow people to enjoy a delta 9 high that’s as potent as cannabis products.  But, is this legal?  Let’s find out.

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Is THCA Legal According to Federal Law?

THCA is federally legal under the Farm Bill that passed in 2018, which made all hemp derivatives legal if they contain no more than 0.3% delta 9 THC.  THCA is chemically a different cannabinoid from delta 9 THC, despite being THC’s precursor.  The law does not have any limitations on THCA products, including products like THCA flower which allow the cannabinoid to convert into well above 0.3% delta 9 THC. 

All hemp products must be tested to verify that they contain a maximum of 0.3% delta 9 THC.  But, except for a few states, which we’ll discuss below, THCA is not accounted for.  Testing a product prior to its decarboxylated form, such as in the case of THCA flower, means that the product can be sold legally as it maintains the legal limit of 0.3% delta 9 THC.

Is THCA Legal in All 50 States?

As of now, there are 5 out of 50 states that prohibit THCA products that exceed beyond 0.3% by dry weight.  Those states consider the “total THC” amount, which includes both THCA and delta 9 THC.

• Alabama: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Alaska: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Arizona: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Arkansas: THCA is considered illegal.  This means that businesses are not permitted to sell it to anyone.  And, this means that Binoid can’t ship it to your home.
• California: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Colorado: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Connecticut: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Delaware: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Florida: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Georgia: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Hawaii: THCA is considered illegal.  This means that businesses are not permitted to sell it to anyone.  And, this means that Binoid can’t ship it to your home.
• Idaho: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Illinois: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Indiana: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Iowa: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Kansas: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Kentucky: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Louisiana: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Maine: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Maryland: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Massachusetts: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Michigan: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Minnesota: THCA is considered illegal.  This means that businesses are not permitted to sell it to anyone.  And, this means that Binoid can’t ship it to your home.
• Mississippi: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Missouri: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Montana: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Nebraska: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Nevada: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• New Hampshire: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• New Jersey: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• New Mexico: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• New York: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• North Carolina: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• North Dakota: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Ohio: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Oklahoma: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Oregon: THCA is considered illegal.  This means that businesses are not permitted to sell it to anyone.  And, this means that Binoid can’t ship it to your home.
• Pennsylvania: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Rhode Island: THCA is considered illegal.  This means that businesses are not permitted to sell it to anyone.  And, this means that Binoid can’t ship it to your home.
• South Carolina: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• South Dakota: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Tennessee: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Texas: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Utah: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Vermont: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Virginia: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Washington: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• West Virginia: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Wisconsin: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.
• Wyoming: THCA is legal.  There aren’t any restrictions regarding what types of products may be sold.  Nor are there restrictions regarding the amount that can be purchased or possessed.  You can buy the cannabinoid as long as you’re a legal adult.

Note: This offers the most up-to-date list, reflecting current state laws regarding psychoactive hemp cannabinoids.  But, states can prohibit certain cannabinoids at any time, without any real warning to consumers or business owners.  Essentially, you will need to check for the latest updates on your state’s hemp laws before making a THCA purchase.

Guide for Using THCA Legally

Understandably, it’s best to ensure that when you buy THCA, that you’re not putting yourself at any unintended risk of getting into trouble with the law.  Here’s how to acquire Tetrahydrocannabinolic acid legally to protect yourself.

#1: Make Sure Your State Allows it

Like we said, each state is free to change their laws on psychoactive hemp products at any time.  Always check for news updates about your state’s laws regarding hemp-derived cannabinoids like Tetrahydrocannabinolic acid.  If your state has recently banned delta 8, this can be a good indication that THCA products has also become illegal.

#2: Ensure It’s Hemp-Derived

Tetrahydrocannabinolic acid is only legal if it is derived from the hemp plant, since the marijuana plant and all of its derivatives remain federally illegal.  Therefore, make sure to check that the THC-A product comes from hemp.  At Binoid, all of our THC-A products are 100% derived from hemp, and federally compliant overall.

#3: Find Out the Extraction Method Used

While the FDA has not banned certain cannabinoid extraction methods, some are safer than others, which is just as important as making sure that they’re legally compliant.  Both pure extraction methods (isolating THCA in the plant) and isomerization methods (rearranging the molecules of legal hemp cannabinoids to convert them into THCA) are generally acceptable extraction methods.

#4: Look for a Lab Analysis

All hemp-derived products should undergo a strict third-party testing procedure, by a laboratory that is authorized by the state to analyze samples of hemp products.  These lab reports should be available on a company’s website for customers to access.  This analysis process looks for federal compliance by testing the delta 9 THC level, while also showing you whether or not the product contains impurities or contaminants.

#5: Be Mindful of Where and When You Use it

Even if Tetrahydrocannabinolic acid (THCA) is legal where you live, you have an obligation to use it responsibly.  Consuming THCA before driving can get you into trouble as driving while impaired by intoxicating substances is a crime.  Further, you may want to stick to using THC-A in your home, as law enforcement may not recognize that the cannabinoid is hemp-derived and legal. 

Can THCA Result in a Failed Drug Test?

Now, let’s get back into the practicalities regarding THCA.  One question that we’ve been getting ever since CBD hit the scene is whether or not hemp can cause you to fail a drug test.  Well, here’s where it gets interesting.  Hemp as a whole, in the form of flower or full spectrum hemp, will not usually cause a failed drug test. 

This is because the amount of THC, including both delta 8, delta 9, and other Delta’s is so low in hemp that it won’t even register. However, THCA may be a different story, and it is possible THC-A products will trigger a drug test. That we know. 

However, the interesting thing about THCA is that it is not Delta 9 THC, and is therefore should not show up on a Delta 9 drug test. Although, depending on the concentration and if there is Delta 9 on the formula THCH will actually show up as a fail on a drug test. The same way as Delta 9 products. 

Where To Buy THCA Vapes & Products In Your State

The best place to buy THCA and THCA products is from Binoid, one of the largest and best THCA brands that has a wide variety of THCA carts, THCA disposables, and THCA flower for you to enjoy. Binoid has 1000s of five star reviews for products that people are loving. 

The FDA’s Role In THCA

Presently, the FDA has not yet regulated hemp products, even though they are legal.  What this means is that there could come a time when the FDA creates its own guidelines on FDA that are technically not part of state or federal law.  At the moment, hemp products are sold in an unregulated market, which means that companies can essentially do whatever they want when producing hemp-based goods. 

This is largely why we have such an enormous selection of product types to choose from when looking for CBD and other hemp derivatives. This means that for the time-being, you can legally buy THCA products (assuming that it is legal in your state) that has not been created with industry regulations. 

This is a good thing in that it gives us a wider variety of products to choose from.  But, it also means that you have to be careful when making a purchase, to know for a fact that what you are getting is not just legitimate, but also high in quality and free of impurities and toxic substances that dilute the product formula.

How THCA Products Are Made

To take the hemp plant and produce THCA products from it THC-A concentrate, companies can choose a few different ways.  

Method #1:Extraction

Manually isolating the THCA compound from the hemp’s composition and extract it to create a concentrate.  As you can imagine, extracting a compound that is present in less than 0.1 percent of the plant’s entire makeup is tedious and expensive, because an enormous amount of plant material must be used to produce a fair amount of extract.

Method #2: Rearranging Compounds

Becoming increasingly popular and a bit more complex, although less expensive overall.  THCA is an precursor to THC, and can therefore be made from CBD Isolate.  This means that the molecules in each compound have the same atoms, only they are organized differently.  Companies have found ways to rearrange these atoms in order to turn cannabidiol compounds into delta 8 and other compounds. 

What’s unique about this process is that it’s also much more “sound” in terms of its legality.  CBD is known to be a largely safe substance, and by using molecular chemistry to turn it into THCA, you’re helping to break the association to delta 9 THC. 

Can THCA Be Discovered on a Lab Test by Law Enforcement?

Another concern that many have is that THCA may be read if analyzed by a lab.  Let’s say a cop pulls you over and discovers your THC-A vape oil.  Then, they confiscate it and test it to see whether or not it’s legal.  Again as stated before, because THCA and THC-A products are not Delta 9 THC products, that means it will likely not spike anything on a drug test.

For now, it looks like you can carry THCA vape cartridges and other products without worry. However, this does not mean using the products irresponsibility. Still do not operate machinery after taking THC-A. 

THCA Products are Legal in All but 5 States

THCA is legal almost everywhere in the country, with the exceptions of Arkansas, Minnesota, Oregon and Rhode Island.  This means that everywhere else, you can buy THCA products, including those that must be heated, therefore turning THCA into delta 9 THC.  Just keep an eye on your state as THCA becomes more popular, to make sure that the state you reside in doesn’t follow in the footsteps of these five outliers.

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