THCM: Where Is It Legal? State By State List

THCM is a brand new hemp derivative that’s going to be more widely available soon.  And, it’s very mysterious, because it’s never actually been isolated – it’s only found in cannabis smoke, so far.  But, that hasn’t stopped companies from using isomerization to develop THCM products, mainly thanks to the cannabinoid’s potential as a potentiator – a cannabinoid that can be taken with other cannabinoids to make their effects stronger.  

Of course, the question is, can THCM be legal, like the other hemp derivatives we’ve been taking over the last few years?  We don’t know if it’s psychoactive, so does that change its legal status in all of the 50 states?

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Is THCM Legal Under United States Federal Law?

THCM is, a legal cannabinoid by federal law, and it can legally be purchased and sold in all product forms, concentrations, and purchase amounts.  It’s legal because it complies with the Farm Bill of 2018, to legalize all hemp derivatives as long as they contain no more than 0.3% delta 9 THC.  

Is THCM Legal In Every State?

While THCM is considered a federally legal cannabinoid, it may not be legal in all 50 states, because it’s a THC isomer, and many states have banned all THC isomers, intoxicating or not.  So, while no state has actually made laws specifically pertaining to THCM compound, the information below is likely to be accurate.

• Alabama: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  In Alabama, medical marijuana is also legal for qualifying patients, and possession of small amounts of marijuana has been decriminalized.
• Alaska: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  At the same time, both medical and recreational cannabis use are legal in the state.
• Arizona: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  However, Arizona does permit sales of both recreational and medical marijuana.
• Arkansas: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  Recreational marijuana is also prohibited in the state, although the state does offer a medical marijuana program to qualifying patients.
• California: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.
• Colorado: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  Despite that, marijuana is legal, both recreationally and medicinally.
• Connecticut: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.
• Delaware: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  Recreational marijuana is also illegal, although the state decriminalized small amounts of possession, and does maintain a medical marijuana program for qualifying patients.
• Florida: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also maintains legal medical marijuana for qualifying patients, but recreational use is strictly banned.
• Georgia: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Recreational marijuana is still prohibited in the state, although qualifying patients can purchase medical marijuana.
• Hawaii: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  The state recently decriminalized small possession amounts of marijuana, and maintains a medical marijuana program, although recreational marijuana is prohibited.
• Idaho: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  The state also prohibits any hemp product that contains more than 0% THC, and both recreational and medical use are banned.
• Illinois: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both recreational and medicinal use.
• Indiana: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state’s cannabis laws are otherwise strict, with both recreational and medical marijuana banned.
• Iowa: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.
• Kansas: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Otherwise, Kansas prohibits any hemp products containing more than 0% THC, and both recreational and medical marijuana use are banned.
• Kentucky: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Recreational marijuana remains illegal, and medical marijuana only became legalized in February of 2022, with no legal framework yet, meaning that medical patients cannot make marijuana purchases.
• Louisiana: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Medical marijuana is legal for qualifying patients, and recreational use remains illegal.
• Maine: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also permits sales of both medical and recreational marijuana.
• Maryland: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  When it comes to marijuana, medical patients can make purchases, but not recreational users. 
• Massachusetts: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana are legal.
• Michigan: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.
• Minnesota: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  As for marijuana laws, medicinal use is permitted, but recreational is not. 
• Mississippi: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  Mississippi permits medical marijuana sales, but has very strict requirements for qualification, while recreational use is very much illegal.
• Missouri: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  When it comes to marijuana, only medical use is permitted for qualifying patients.
• Montana: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.
• Nebraska: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state strictly bans any hemp products containing more than 0% THCM, however.  And, only in July of 2022 did the state finally approve a medical marijuana program, while recreational marijuana use is still illegal.
• Nevada: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  The state does permit sales of both recreational and medical marijuana.
• New Hampshire: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Recreational marijuana use remains illegal in the state, but medical use for qualifying patients is permitted, and small possession amounts have been decriminalized.
• New Jersey: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state has legalized both recreational and medical marijuana use.
• New Mexico: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana are permitted in the state.
• New York: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  However, New York has recently legalized recreational marijuana, and does maintain a medical marijuana program for qualifying residents.
• North Carolina: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Recreational marijuana, meanwhile, is illegal in the state, and qualifying medical patients cannot purchase marijuana products containing more than 0.6a10a% THC.
• North Dakota: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.
• Ohio: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  As for marijuana, medical sales for qualifying patients are permitted, and small possession amounts have been decriminalized, although recreational use remains prohibited.
• Oklahoma: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state permits medical marijuana sales to qualifying patients, but recreational marijuana is still illegal.
• Oregon: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  But, both medical and recreational marijuana sales are allowed.
• Pennsylvania: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits recreational marijuana sales, but does maintain a medical marijuana program.
• Rhode Island: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  At the same time, recreational and medical marijuana are legal in the state.
• South Carolina: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also prohibits marijuana sales, both for recreational and medicinal use.
• South Dakota: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% THCM is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.
• Tennessee: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state is very strictly anti-marijuana, however, with neither medical nor recreational sales allowed.
• Texas: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state prohibits recreational marijuana, and qualifying medical marijuana patients can only buy products containing a maximum of 0.5% THC.
• Utah: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.
• Vermont: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  But, recreational and medical marijuana have been legal for years in the state.
• Virginia: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both medicinal and recreational use.
• Washington: THCM is considered illegal.  This means that it is illegal for businesses to carry THCM products.  And, online businesses are banned from shipping THCM to your home.  However, the state allows sales of both medical and recreational marijuana.
• West Virginia: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  Meanwhile, medical marijuana is also legal for qualifying patients, although recreational use remains banned.
• Wisconsin: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state does not, however, allow for sales of marijuana, either for recreational or medical use, although low-THC cannabis oils are permitted for qualified patients who have epilepsy.
• Wyoming: THCM is legal.  There aren’t any limits when it comes to what types of products may be sold.  Nor are there limits when it comes to the amount that can be purchased or possessed.  THCM can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits marijuana, both for recreational and medicinal use.

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 THCM purchase.

Guide for Using THCM Legally

Understandably, it’s best to ensure that when you buy THCM, that you’re not putting yourself at any unintended risk of getting into trouble with the law.  Here’s how to acquire THCM 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 THCM. If your state has recently banned delta 8, this can be a good indication that THCM products has also become illegal.

#2: Ensure It’s Hemp-Derived

THCM 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 THCM product comes from hemp. At Binoid, all of their THC-M 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 THCM in the plant) and isomerization methods (rearranging the molecules of legal hemp cannabinoids to convert them into THCM) 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 THCM is legal where you live, you have an obligation to use it responsibly. Consuming THCM 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-M in your home, as law enforcement may not recognize that the cannabinoid is hemp-derived and legal. 

Can THCM Result In A Failed Drug Test?

Now, let’s get back into the practicalities regarding THCM.  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, THCM may be a different story, and it is possible THC-M products will trigger a drug test. That we know. 

However, the interesting thing about THCM 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 THCM Vapes & Products In Your State

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

The FDA’s Role In THCM

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 THCM 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 THCM Products Are Made

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

Method #1:Extraction

Manually isolating the THCM compound from the hemp’s composition and extracting 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. THCM is a long chain molecule, and can therefore be made from CBD Isolate. The longer the molecule the stronger and more potent the compound is. 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. 

Can THCM Be Discovered On A Lab Test By Law Enforcement?

Another concern that many have is that THCM may be read if analyzed by a lab.  Let’s say a cop pulls you over and discovers your THCM vape oil.  Then, they confiscate it and test it to see whether or not it’s legal.  Again as stated before, because THCM and THCM 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 THCM vape cartridges and other products without worry. However, this does not mean using the products irresponsibility. Still do not operate machinery after taking THCM. 

THCM Is Legal In 31 States…. For Now 

THCM is a federally legal cannabinoid, but it’s also illegal in 19 states.  As we know, cannabis laws have been changing a lot lately in different states, and a state in which it’s currently illegal may legalize it in the near future, and vice versa.  So, please stay up to date on your state’s hemp laws to find out whether or not THCM remains legal or illegal where you live, because you never know what future legislation has in store where you live.

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