Despite the growing acceptance of cannabis for wellness and recreation, the legality of THC-A (tetrahydrocannabinolic acid) in the U.S. can be confusing. New rules pop up every single day and the laws vary across states. Wondering what your state’s position is with THC-A? I’m here to help you understand what the law says.
Key Takeaways
- Some states embrace cannabis, but THC-A exists in a legal gray area at the federal level.
- The legality of THC-A varies from one state to another.
- It’s your responsibility to stay updated with the legal status of THC-A in your locale.
Understanding THC-A: Why Should You Care?
THC-A is one of the substances found in the cannabis plant. In its raw form, it's not psychotic, meaning it cannot cause a “high” feeling when used on its own. So, when thinking of what differentiates THC-A from THC, it’s the fact that the former doesn’t get you high, but the latter can. But the twist is that, when THC-A is dried or heated, it gets converted to THC and its properties become psychotic.
In other words, the moment you smoke THC-A, light up a vape, or bake it with your edibles, it gets transformed to THC through a process called decarboxylation. Additionally, the legality of CBD Flowers and other cannabinoids varies from one state to another.
So, why do people use THC-A or care about it if it doesn’t get them high? Research shows that the substance has various wellness potential. It can potentially provide relief from inflammation, stimulate the appetite, and be able to treat neurological conditions like stroke and Parkinson’s disease in the future.
Is THC-A Legal in the U.S.?
The simple answer is yes and no. Why so? The legality of THC-A is complicated at the federal and state levels. Technically, the substance is legal at the federal level, but there’s a tricky side to it. According to the 2018 Farm Bill, THC-A is only legal when it is extracted from hemp and contains a THC volume of 0.3% or less by dry weight.
That means to be considered legal, THC-A must be extracted from hemp using methods that avoid complete decarboxylation. These include closed-loop extraction, diamond mining, crystallization or any other method that prevents THC-A from becoming THC. Even if your product started with less than 0.3% THC, once you apply heat and convert THC-A to THC, you may have technically violated federal law.
However, at the state level, things are quite different. Some states are open to hemp-derived products, while others outrightly ban or restrict them because of their intoxicating effects. The same applies to THC-A because it can be intoxicating after decarboxylation.
THC-A State-by-State Legality in 2025
Let’s check out the legal status of THC-A on a state-to-state basis below.
States Where THC-A is Legal
As of the time of writing this article in 2025, here’s a list covering the US states where THC-A is legal:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida (Legal for only registered medical marijuana patients, so you need an MMJ card)
- Hawaii (Recreational cannabis is illegal, though)
- Illinois
- Iowa (Only low-THC cannabis for medicinal use is permitted)
- Kentucky (Hemp products are legal, but local rules around THC-A vary)
- Louisiana (Legal with MMJ card)
- Maine (Full legal adult use of cannabis, including THC-A, is permitted)
- Maryland
- Massachusetts
- Michigan
- Minnesota (Legal under recreational cannabis law)
- Mississippi (Legal with MMJ card)
- Missouri
- Montana
- Nevada (Both recreational and medicinal cannabis use are permissible)
- New Jersey
- New Mexico
- New York (You can purchase and use THC-A products freely)
- North Dakota (Hemp-derived THC-A is legal)
- Ohio (Legal with MMJ card)
- Oklahoma
- Oregon
- Pennsylvania (Legal with MMJ card)
- Rhode Island (Legal and available in dispensaries for adult use)
- Utah (Legal with MMJ card)
- Vermont
- Virginia
- Washington
States in the Gray Area
- Alabama: Uncertain legal status due to vague or inconsistent enforcement across the state.
- Georgia: The state allows low-THC products under a limited medical program, so its legality is unclear.
- Indiana: Hemp-derived cannabinoids like THC-A are legal, but converting THC-A to THC could be illegal.
- Nebraska: Cannabis is not legalized, but hemp is permitted.
- North Carolina: Hemp is legal, but cannabis is not.
- South Carolina: THC may be sold under the hemp law, but there’s no clear medical cannabis program.
- Tennessee: No clear regulations around THC-A products and usage.
- Texas: THC-A can be purchased, but it isn’t clearly legal.
- Wisconsin: Hemp-based THC-A are permissible, but local laws may vary
- Wyoming: Hemp products and THC-A are allowed, but THC-A can be considered illegal due to its possible intoxication if heated.
States Where THC-A is Illegal
- Idaho
- Kansas: No form of THC substances, including THC-A, is allowed
- New Hampshire: THC-A may be treated as THC.
- South Dakota: All THC products, including THC-A, are banned
- West Virginia.
Over 30 states in the US allow the legal use and consumption of THC-A, some of which have specific conditions, such as having an MMJ card. However, THC-A operates in a legal gray area in states like Alabama and Georgia, while it is outrightly banned in others like Idaho and Kansas.
Ultimately, you should find out the law in your locale before using THC-A products. And if you’re traveling out of town, ensure you know what’s legally permissible in the place you’re going to, trust me on that!