Where is THCA Legal? - State-by-State Guide
Posted by DaySavers Team on Dec 11th 2025
Hemp derived THC products with 0.3% Delta-9 THC are federally legal under the 2018 Farm Bill, for now, including hemp derived THCA products like flower, pre-rolls, edibles and vapes.
THCA, a naturally occurring cannabinoid found in cannabis flower as well as hemp (in much lower levels), is the acidic form of D9-THC and is non-psychoactive before it has been heated or combusted, also known as decarboxylation. After this conversion, the non-psychoactive THCA compound transitions to the psychoactive cannabinoid we all know: THC.
But because of the conversion to THC, the status of THCA’s legality has come under scrutiny as legislators move to close the Farm Bill loophole that federally legalized these products.
Changes Coming to THCA's Legal Status in 2026
On November 12, 2025, the president signed legislation to end the longest government shutdown in American history. But included in the law was a change to the definition of hemp. This redefinition of hemp moves to include a total THC limit of 0.3%, including its precursor, THCA.
Under this legislation, hemp-derived cannabinoid products containing synthetic compounds and/or quantifiable traces of THC, THCA or other cannabinoids with intoxicating effects would essentially be illegal.
The new hemp rules included in the 2025 End Government Shutdown Act will not go into effect until November 12, 2026, so the current law is still the law of the land. In the meantime, we seek to answer the question every THCA fan is curious about: Where is THCA legal?
Below, we take a look at what states THCA is legal in, which states outlaw the cannabinoid, and which states have important considerations consumers need to be aware of. So without further ado, let’s check out which states THCA products are legal in.
THCA Legality State-by-State
Legal THCA State Markets
Alabama - Arkansas - Colorado - Delaware - Hawaii - Idaho - Kansas - Louisiana - Mississippi - New Hampshire - North Dakota - Oregon - South Dakota - Tennessee - Vermont
Conditionally Legal THCA State Markets
California - Florida - Georgia - Iowa - Kentucky - Maryland - Massachusetts - Michigan - Minnesota - Missouri - Montana - Nebraska - New Mexico - North Carolina - Oklahoma - Rhode Island - South Carolina - Texas - Utah - Virginia - West Virginia - Wisconsin - Wyoming
Illegal THCA State Markets
Alabama - Arkansas - Colorado - Delaware - Hawaii - Idaho - Kansas - Louisiana - Mississippi - New Hampshire - North Dakota - Oregon - South Dakota - Tennessee - Vermont
THCA Legality FAQs
THCA legality comes down to both federal hemp rules and state-by-state enforcement, so the safest approach is to stay informed and buy carefully. Start with products that clearly meet the federal delta-9 THC limit, then confirm your state allows them and check the lab report to back it up. With laws still shifting and the fact that THCA turns to THC when heated or combusted, a little homework before purchase helps you use these products responsibly and avoid surprises.
+ Is THCA legal in cannabis dispensaries?
It depends on state rules and the product’s THC content. Some dispensaries offer THCA if it follows local hemp or cannabis laws.
+ Can THCA be shipped across state lines?
Only products that meet federal hemp standards may be shipped. State restrictions still apply at the destination.
+ Is THCA allowed in airport travel?
Travel laws vary by state and airline policy. Some states may treat THCA the same as THC, even if it meets hemp limits.
+ What’s the difference between THCA flower and regular hemp flower?
THCA flower contains higher amounts of raw THCA. Hemp flower usually has more CBD and very low THCA levels.
+ Is it legal to grow hemp with high THCA content?
Farmers must follow strict THC limits during testing. If THCA converts and exceeds limits, crops may be considered non-compliant.
+ How is THCA stored to stay within legal limits?
Cool, dark storage helps keep THCA stable. Heat or light may trigger changes that affect THC levels.
+ Is THCA listed on drug screening panels?
Standard tests look for THC, not THCA. If converted, THCA may lead to a positive result.
+ Can THCA be used in food or drinks?
Only states with approved hemp food regulations may allow this. Federal rules do not permit cannabinoids in food for general sale.
+ Is THCA legal in topical products?
THCA may be used in topicals if the total THC content stays within legal limits. These products still need proper labeling and testing.
+ Do online retailers need special licenses to sell THCA?
Retailers must follow state and federal hemp laws. Some states require a license to sell cannabinoid products online.
Let's look at what states THCA is legal in, which states outlaw the cannabinoid, and which states have conditional legality.