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Where is THCA legal? THCA legal states and where it is illegal

Each state's THCA status, read from its own statutes, rules and agency guidance, with a link to the state's full guide and sources.

By CannaWorldMarket editorial team · Sources read through · Not legal advice.

Updated

We review these pages weekly and when laws change, but they aren't exhaustive and aren't legal advice. Laws change and we can make mistakes, so always check official sources before you buy, sell or travel.

As of , our 51 state guides record THCA as legal in 1, legal with limits in 34, illegal in 7, without a state law that names it in 1 and unsettled in 8.

States where THCA is legal

  • North Carolina Legal, statuteThe hemp limit counts delta-9 THC only, not THCA; HB 328 would change thatSources read

What this means for products

  • From December 11, 2026, products over the federal limit on THC per container leave this shop: 164 products today, mostly gummies and tinctures.
  • Still available here, with no THC: tinctures, gummies and chews, capsules, topicals, pet products and mushroom products.

Still available, on sale now

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What states is THCA legal with limits?

  • Alabama Legal with limits, statuteCounts in total THC caps; smokable hemp flower is bannedSources read
  • Colorado Legal with limits, statuteCounts as THC toward the 1.75 mg a serving limitSources read
  • Connecticut Legal with limits, statuteCounts in total THC; flower over 0.3 percent is cannabis, flower under it 21 and olderSources read
  • Florida Legal with limits, regulationCounts in total delta-9 THC under FDACS rule 5K-4.034; 21 and older if eaten or inhaledSources read
  • Georgia Legal with limits, session lawCounts toward total delta-9 THC; no retail sale of unprocessed hemp flowerSources read
  • Hawaii Legal with limits, regulationCounts in total THC; hemp flower may not be sold to consumersSources read
  • Illinois Legal with limits, session lawCounts toward total THC; stronger products are cannabis, sold only to 21 and olderSources read
  • Indiana Legal with limits, statutePrecursors count toward 0.3%; hemp flower is banned smokable hempSources read
  • Iowa Legal with limits, regulationCounts in total THC under the HHS rules; inhaled hemp products are barredSources read
  • Kansas Legal with limits, statuteCounts toward 0.3% total THC; flower sold only to processors and producersSources read
  • Kentucky Legal with limits, regulationCounts toward the 0.3 percent total delta-9 THC cap on every hemp productSources read
  • Louisiana Legal with limits, statuteCounts as THC: 5 mg a serving, 40 mg a package, and no floral hemp sold at retailSources read
  • Maine Legal with limits, regulationCounts in total THC (0.877 x THCA) under the hemp rule; over 0.3% is not hempSources read
  • Massachusetts Legal with limits, statuteCounts with delta-9 THC toward the 0.3 percent hemp limitSources read
  • Michigan Legal with limits, statuteTHCA counts as THC toward the 0.3 percent hemp limitSources read
  • Minnesota Legal with limits, regulationHemp flower sold only by licensed cannabis retailers to adults 21 and olderSources read
  • New Jersey Legal with limits, session lawCounts toward 0.3% total THC and 0.4 mg a container; over that it is cannabisSources read
  • New Mexico Legal with limits, regulationCounts toward the 0.3% total THC limit at New Mexico hemp facilitiesSources read
  • North Dakota Legal with limits, statuteCounts in total THC (THCA times 0.877); hemp-extract inhalants excludedSources read
  • Ohio Legal with limits, statuteCounts in 0.3% total THC and in the 0.4 mg a container limitSources read
  • Oklahoma Legal with limits, statuteCombined delta-9 THC and THCA over 0.3% is marijuanaSources read
  • Oregon Legal with limits, regulationCounts toward total THC; 0.5 mg or more means 21 and olderSources read
  • Rhode Island Legal with limits, regulationCounts in total THC: 1 mg a serving, 5 mg a package or 0.3%Sources read
  • South Carolina Legal with limits, ag opinionRaw hemp flower needs a hemp license, in a 2019 Attorney General opinionSources read
  • South Dakota Legal with limits, statuteCounts in total THC; 21 and older; no hemp for smokingSources read
  • Tennessee Legal with limits, session lawOver 0.3% total THC, counting THCA, is banned; 21 and older, no shippingSources read
  • Texas Legal with limits, regulationCounts toward 0.3% total delta-9 THC under DSHS rules; 21 and olderSources read
  • Utah Legal with limits, statuteCounts in total THC: under 0.3%, 5 mg a serving; flower barred; 21 and olderSources read
  • Vermont Legal with limits, regulationCounted as THC; over the hemp lines it is a cannabis product for licensed stores, 21 and olderSources read
  • Virginia Legal with limits, statuteCounts in total THC: 0.3% and 2 mg a package; 21 and olderSources read
  • Washington Legal with limits, statuteCounted with THC; flower over 0.3% is cannabis, sold in licensed stores to 21 and olderSources read
  • Washington DC Legal with limits, agency guidanceThe ABC Board counts THCA hemp products as cannabis that only a licensee may sellSources read
  • West Virginia Legal with limits, regulationCounts in total THC at 0.877; 0.3% limit; 21 and olderSources read
  • Wyoming Legal with limits, statuteMeasured after decarboxylation, so THCA counts toward the 0.3% limitSources read

Where is THCA illegal? States where THCA is illegal

  • Alaska Illegal, regulationMeasured as delta-9 THC after heating; no hemp product with delta-9 THC may be soldSources read
  • Arkansas Illegal, session lawCounts in total THC; any finished product above zero is bannedSources read
  • California Illegal, session lawCounts as THC; AB 8 bars hemp flower and pre-rollsSources read
  • Idaho Illegal, agency guidanceCounts toward the hemp limit; agencies say finished products must hold zero THCSources read
  • Mississippi Illegal, ag opinionNo statute names THCA; the AG reads unapproved hemp products for consumption as prohibitedSources read
  • Missouri Illegal, statuteFrom November 12, 2026, smokable or vapeable flower with any THCA is marijuanaSources read
  • Montana Illegal, statuteTHCA counts as total delta-9 THC, and hemp products with any of it may not be sold to consumersSources read

States with no settled answer

  • Arizona UnknownCounts in crop testing; retail sale of THCA flower is not settledSources read
  • Delaware UnknownThe hemp definition counts only delta-9 THC; no rule or ruling settles THCASources read
  • Maryland UnknownNo statute or rule says whether THCA hemp flower falls under the 0.5 mg lineSources read
  • Nebraska UnknownNot named in statute; the definition counts delta-9 only, and no ruling settles THCA flowerSources read
  • Nevada UnknownCounts toward the crop limit; no law says whether THCA flower may be sold outside cannabis storesSources read
  • New Hampshire UnknownNot named until January 1, 2027, when it counts toward total THC and over 0.3% is prohibitedSources read
  • New York UnknownCounts in total THC for edibles; no rule says whether high-THCA flower is lawfulSources read
  • Pennsylvania No state law foundNo statute names THCA; the hemp definition counts delta-9 THC onlySources read
  • Wisconsin UnknownNo statute or rule names THCA; whether THCA flower is hemp is unsettledSources read

Common questions

Is THCA legal in all states?

No. As of November 12, 2026, 7 jurisdictions bar THCA under state law, and 34 allow it only with limits; the rest are listed above with their sources.

What states is THCA illegal?

As of November 12, 2026: Alaska, Arkansas, California, Idaho, Mississippi, Missouri and Montana. Each state's guide lists the law behind its status.

Sources

Each status comes from the state’s own guide, which lists every statute, rule, opinion or agency page it rests on and the day it was read (from November 11, 2026 to November 12, 2026). Federal law is on THCA and the federal page. The whole table, with a CSV and a map, is on the laws hub, and how we research explains the method.

Map image: THCA by state (SVG), free to reuse under CC BY 4.0 with credit to CannaWorldMarket.com.

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