Is THCA Legal? State-by-State Tracker (Updated 2026)
The federal statute defines hemp by delta-9 THC (7 U.S.C. 1639o), though USDA's production testing already counts THCA. On 11 December 2026 the statutory test becomes total THC (P.L. 119-103). State law varies, and 20 of 51 jurisdictions are checked against a primary source. Read your state's row first.
Key facts
| Fact | Value | Source |
|---|---|---|
| Federal test today | The statute defines hemp as cannabis with delta-9 THC of 0.3 percent or less on a dry weight basis; USDA lab testing for growers already sums THC and THCA | Cornell LII, 7 U.S.C. 1639o |
| Federal change date | The total-THC definition and 0.4 mg per container exclusion apply from 11 December 2026 | GovInfo, P.L. 119-103 |
| State that bans sale of hemp for smoking | South Dakota: the sale or use of industrial hemp for smoking or inhaling is prohibited, a Class 1 misdemeanor | South Dakota Legislature, SDCL ch. 38-35 |
| State that bans hemp flower | Hawaii: hemp flower and pre-rolls are listed as prohibited for sale regardless of the THC or THCA percentage | Hawaii Department of Health, consumer FAQ |
| Licensed channel only | New Jersey: flower above 0.3 percent total THC is cannabis from 13 April 2026 and needs a Cannabis Regulatory Commission licence | New Jersey Cannabis Regulatory Commission, intoxicating hemp FAQ |
| Total-THC test in a state hemp law | Virginia: hemp products may hold no more than 0.3 percent total THC and 2 mg total THC per package | Virginia Code, 4.1-600 |
Is THCA legal?
THCA flower is legal as federal hemp today if its delta-9 THC is 0.3 percent or less, and each state can be stricter.
The federal rule sits in 7 U.S.C. 1639o. It defines hemp by delta-9 THC, and hemp is outside the federal marijuana definition. USDA already tests grower crops on total THC: its lab testing guidelines require a result that reflects “the sum of the THC and THCA content”. Status as of 2026-10-26: the delta-9 statute is in force, and it changes on 11 December 2026, covered below. For why the gap exists and the arithmetic of a lab report, see THCA vs THC: the legal difference.
State law is where the answer splits. Some states count THCA through a total-THC test. Some close the retail route for flower. Some send it to licensed cannabis shops. The tracker below records what each state’s own law or regulator says, and flags every state still to confirm.
Is THCA still legal after 11 December 2026?
THCA flower stops qualifying as federal hemp on 11 December 2026 if it exceeds the new total-THC limits, because the federal test then counts THCA.
Public Law 119-103, section 2019 (signed 2 September 2026) delayed most of the 2025 hemp changes. From 11 December 2026, hemp is cannabis with total THC, THCA included, of 0.3 percent or less on a dry weight basis. Final products above 0.4 mg total THC per container are excluded. The earlier date, 12 November 2026, applies only to the narrower group of cannabinoids the plant cannot naturally produce. See when the hemp ban takes effect for the split.
No enacted law moves 11 December again. A proposal changes nothing unless it is enacted.
Is THCA legal in all 50 states?
No. THCA flower is restricted, banned or limited to licensed shops in several states, and 31 of the 51 jurisdictions below are still to be confirmed from a primary source.
For each state the tracker uses the statute, regulation or agency page that governs hemp sales, opened and read. A row with no link says “Not verified” and gets no guessed status. Rows are rechecked on a rolling basis.
Where is THCA legal? The state-by-state table
The table gives each state’s THCA flower status as of 2026-10-26, whether it counts THCA in a total-THC test, the source and the effective date. “Not verified” means no primary source was opened.
Reading the status column: “restricted” means the source limits sale or use of hemp flower. “Licensed channel” means the source puts hemp above the THC limit into the regulated cannabis system. “Unclear” means the law as read does not settle the question.
| State | THCA flower status (checked 2026-10-26) | Counts THCA (total THC)? | Source | Effective |
|---|---|---|---|---|
| Alabama | Not verified | Not verified | None opened | n/a |
| Alaska | Restricted: selling consumers any hemp product with delta-9 THC is unlawful, flower included | Yes, delta-9 measured after decarboxylation | Division of Agriculture advisory | Advisory 2025-01-31 |
| Arizona | Unclear: hemp is delta-9 0.3 percent or less | Statute: no | A.R.S. 3-311, AG Opinion I24-005 | Not stated |
| Arkansas | Restricted: Act 629 of 2023 bans delta-8 and delta-9 hemp products per the Attorney General; flower not confirmed | Not verified | Attorney General release | Enforceable after June 2025 ruling |
| California | Restricted: hemp flower and inhalable hemp products cannot be sold | Yes | CDPH AB 8 FAQ | 2026-01-01 |
| Colorado | Not verified | Not verified | None opened | n/a |
| Connecticut | Not verified | Not verified | None opened | n/a |
| Delaware | Not verified | Not verified | None opened | n/a |
| District of Columbia | Not verified | Not verified | None opened | n/a |
| Florida | Hemp and hemp extract limited to 0.3 percent “total delta-9 THC” | Statute says total delta-9; department rule not opened | Fla. Stat. 581.217 | 2023 amendment |
| Georgia | Not verified | Not verified | None opened | n/a |
| Hawaii | Restricted: hemp flower and pre-rolls prohibited for sale regardless of THC or THCA | Yes, 0.3 percent total THC cap on allowed products | Department of Health FAQ, enforcement notice | Registration enforcement from 2026-07-01; the grace period does not allow flower sales |
| Idaho | Not verified | Not verified | None opened | n/a |
| Illinois | Allowed as hemp now; licensed channel only for non-hemp | Yes | Department of Agriculture bulletin | Hemp Act signed 2026-06-12 |
| Indiana | Not verified | Not verified | None opened | n/a |
| Iowa | Restricted: raw or dried flower may not be marketed for inhalation | Yes, total THC | Iowa Code 204.2, 204.14A | 2026 code edition; original effective date not stated |
| Kansas | Restricted: hemp buds and ground floral material cannot be sold to ordinary consumers | Yes, THC acids count toward delta-9 | K.S.A. 2-3901, 2-3908 | 2024 amendment |
| Kentucky | Not verified | Not verified | None opened | n/a |
| Louisiana | Not verified | Not verified | None opened | n/a |
| Maine | Statute defines hemp at delta-9 0.3 percent; retail flower status not established by this source | Unclear | 7 M.R.S. 2231 | Not stated |
| Maryland | Licensed channel for products above 0.5 mg per serving or 2.5 mg per package | Not stated for THCA | Alc. Bev. and Cannabis Art. 36-1102 | Not stated |
| Massachusetts | Not verified | Not verified | None opened | n/a |
| Michigan | Not verified | Not verified | None opened | n/a |
| Minnesota | Licensed channel: hemp-derived consumer products need a licence under chapter 342 | Yes, THCA x 0.877 plus other THCs | Minn. Stat. ch. 342 | Chapter enacted 2023 |
| Mississippi | Not verified | Not verified | None opened | n/a |
| Missouri | Not verified | Not verified | None opened | n/a |
| Montana | Allowed as hemp; unprocessed hemp flower exempt from product caps | Unclear: “total delta-9” in statute | MCA 80-18-101, MCA 16-12-117 | 2023, amended 2025 |
| Nebraska | Not verified | Not verified | None opened | n/a |
| Nevada | Not verified | Not verified | None opened | n/a |
| New Hampshire | Not verified | Not verified | None opened | n/a |
| New Jersey | Licensed channel: flower above 0.3 percent total THC is cannabis | Yes, THCA named | CRC FAQ | 2026-04-13 |
| New Mexico | Not verified | Not verified | None opened | n/a |
| New York | Not verified | Not verified | None opened | n/a |
| North Carolina | Not verified | Not verified | None opened | n/a |
| North Dakota | Not verified | Not verified | None opened | n/a |
| Ohio | Not verified | Not verified | None opened | n/a |
| Oklahoma | Not verified | Not verified | None opened | n/a |
| Oregon | Hemp limited to 0.3 percent total delta-9 THC per the regulator | Yes | OLCC hemp page | Not stated |
| Pennsylvania | Not verified | Not verified | None opened | n/a |
| Rhode Island | Not verified | Not verified | None opened | n/a |
| South Carolina | Not verified | Not verified | None opened | n/a |
| South Dakota | Restricted: sale or use of industrial hemp for smoking or inhaling is prohibited | Yes, THC plus THCA after decarboxylation | SDCL ch. 38-35 | 2020-03-27 |
| Tennessee | Not verified | Not verified | None opened | n/a |
| Texas | Restricted: products above 0.3 percent delta-9 THC plus THCA fail the operative DSHS rule, which effectively bans nearly all smokable hemp; court challenge pending | Yes | 25 TAC 300.101, Texas Register, Texas State Law Library | 2026-03-31 |
| Utah | Not verified | Not verified | None opened | n/a |
| Vermont | Not verified | Not verified | None opened | n/a |
| Virginia | Restricted: hemp products capped at 0.3 percent total THC and 2 mg total THC per package | Yes | Va. Code 4.1-600 | Current text printed 2026-10-26 |
| Washington | Unclear: “cannabis” counts THC plus THCA above 0.3 percent, hemp is defined by delta-9 | Partly | RCW 69.50.101, RCW 15.140.020 | Not stated |
| West Virginia | Not verified | Not verified | None opened | n/a |
| Wisconsin | Not verified | Not verified | None opened | n/a |
| Wyoming | Restricted: no sale of hemp products above 0.3 percent THC | Yes, post-decarboxylation | 2024 Enrolled Act SF0032 | 2024-07-01 |
Twenty rows carry a primary source and thirty-one are marked not verified, including Tennessee, Georgia, Kentucky, Ohio, Oklahoma and North Carolina. A missing row is not a yes. Texas has its own page: is weed legal in Texas.
In what states is THCA illegal?
THCA flower is restricted or banned for sale in Hawaii, California, Wyoming, South Dakota, Alaska, Iowa, Kansas, Texas and Virginia.
- Hawaii prohibits hemp flower and pre-rolls regardless of the labelled THC or THCA amount.
- California bars sale of hemp flower and inhalable hemp products from 1 January 2026.
- Wyoming bars sale of hemp products above 0.3 percent THC measured after decarboxylation.
- South Dakota prohibits the sale or use of hemp for smoking or inhaling.
- Alaska’s regulator says selling a consumer any hemp product with delta-9 THC is unlawful, even below 0.3 percent.
- Iowa bars marketing raw or dried flower for inhalation.
- Kansas bars selling hemp buds and ground floral material to ordinary consumers.
- Texas applies a total-THC rule that effectively bans nearly all smokable hemp, with a court challenge pending.
- Virginia caps hemp products at 2 mg total THC per package.
New Jersey and Minnesota do not ban THCA outright. They move it into the licensed cannabis system, so an unlicensed shop cannot sell it. Illinois treats flower above the hemp limits the same way, with the new rules in the Illinois bulletin. That bulletin was published in June, before the federal delay, so its 12 November 2026 date for the state law may not match the later federal dates.
Is THCA legal in Tennessee?
Tennessee is marked not verified, so the tracker gives no status until a primary source is read.
Read the state’s current hemp-derived cannabinoid rules before you buy or sell, and look for a total-THC test that counts THCA. See the hemp-ban question in legal states for how federal changes interact with state licensing.
What does the total-THC rule mean for a state’s row?
A state with a total-THC rule counts THCA at 0.877 times its share, so high-THCA flower fails the 0.3 percent limit even when its delta-9 THC is low.
Minnesota’s statute states the formula as THCA times 0.877 plus all THCs. Texas defines total THC as (0.877 x THCA) + THC in its rules. A flower with 24 percent THCA and 0.2 percent delta-9 has total THC of 21.25 percent, about 70 times the 0.3 percent limit. In a state without that rule the delta-9 test decides, and the federal delta-9 test ends on 11 December 2026.
What should you check before buying or selling THCA?
Check the state row, the date, and whether the product is flower or a finished product, in that order.
- Find your state in the table and open the linked source. Do not rely on this page alone.
- Check the date. Several rows turn on 2026 effective dates, and the federal test changes on 11 December 2026.
- Note whether the state counts THCA. If it does, read the lab report for total THC, not delta-9 alone.
- If the row says Not verified, go to the state’s legislature or agriculture department page.
- If you are charged or served a stop-sale order, call a cannabis or criminal defence lawyer the same day.
For the wider picture, see the guides.
Frequently asked questions
Is THCA legal in all 50 states?
No. Federal hemp law does not set one rule for every state, and states may be stricter. Of the 51 jurisdictions on this page, 20 are checked against a primary source, and most of those restrict or ban sale of THCA flower. The other 31 are marked not verified.
In what states is THCA illegal?
Hawaii, California, Wyoming, South Dakota, Iowa and Kansas restrict or ban sale of hemp flower, Texas's operative rule bans nearly all smokable hemp, and Alaska bars selling hemp products containing delta-9 THC. New Jersey and Minnesota allow THCA flower only through licensed cannabis shops. See the table for each statute.
Is THCA still legal?
As of 2026-10-26, the federal statute still defines hemp by delta-9 THC. That definition changes on 11 December 2026. After that date, a flower or product above the total-THC limits is outside the federal hemp definition.
Is THCA legal in Tennessee?
Tennessee is marked not verified in the tracker. Read the state's current hemp-derived cannabinoid rules before you buy or sell, because the row is waiting on a primary source.
Sources
- 7 U.S.C. 1639o, Definitions (hemp), Cornell Legal Information Institute (accessed 2026-10-26)
- Public Law 119-103, division B, section 2019, U.S. Government Publishing Office, 2026-09-02 (accessed 2026-10-26)
- Alaska Industrial Hemp Program Advisory Notice, Alaska Division of Agriculture, 2025-01-31 (accessed 2026-10-26)
- Arizona Revised Statutes 3-311, Arizona Legislature (accessed 2026-10-26)
- Attorney General Opinion I24-005, Arizona Attorney General (accessed 2026-10-26)
- Attorney General Griffin successfully defends Arkansas's ban on psychoactive hemp products, Arkansas Attorney General, 2025-06-24 (accessed 2026-10-26)
- Assembly Bill 8 FAQ, California Department of Public Health (accessed 2026-10-26)
- Florida Statutes 581.217, State hemp program, Florida Legislature (accessed 2026-10-26)
- Hemp program: consumer FAQ, Hawaii Department of Health (accessed 2026-10-26)
- Hawaii hemp program enforcement notice, Hawaii Department of Health (accessed 2026-10-27)
- Hemp-derived products (updated 14 October 2026), Texas State Law Library (accessed 2026-10-27)
- K.S.A. 2-3908, Hemp products, Kansas Office of the Revisor of Statutes (accessed 2026-10-27)
- Lab testing guidelines for hemp, USDA Agricultural Marketing Service (accessed 2026-10-27)
- Illinois Hemp Act overview, Illinois Department of Agriculture, 2026-06 (accessed 2026-10-26)
- Iowa Code 204.2, Definitions, Iowa Legislature (accessed 2026-10-26)
- Iowa Code 204.14A, Inhalation of consumable hemp, Iowa Legislature (accessed 2026-10-26)
- K.S.A. 2-3901, Commercial industrial hemp act definitions, Kansas Office of the Revisor of Statutes (accessed 2026-10-26)
- 7 M.R.S. 2231, Hemp, Maine Legislature (accessed 2026-10-26)
- Alcoholic Beverages and Cannabis Article 36-1102, Maryland General Assembly (accessed 2026-10-26)
- Minnesota Statutes chapter 342, Cannabis Licensing and Regulation, Minnesota Office of the Revisor of Statutes (accessed 2026-10-26)
- MCA 80-18-101, Definitions, Montana Legislature (accessed 2026-10-26)
- MCA 16-12-117, Hemp products, Montana Legislature (accessed 2026-10-26)
- Intoxicating hemp-derived products FAQs, New Jersey Cannabis Regulatory Commission (accessed 2026-10-26)
- Hemp, Oregon Liquor and Cannabis Commission (accessed 2026-10-26)
- South Dakota Codified Laws chapter 38-35, Industrial Hemp, South Dakota Legislature (accessed 2026-10-26)
- Adopted rules, 25 TAC 300.101 (Texas Register, 20 March 2026), Texas Secretary of State, 2026-03-20 (accessed 2026-10-26)
- Code of Virginia 4.1-600, Definitions, Virginia Law, Legislative Information System (accessed 2026-10-26)
- RCW 69.50.101, Definitions, Washington State Legislature (accessed 2026-10-26)
- RCW 15.140.020, Definitions (hemp), Washington State Legislature (accessed 2026-10-26)
- 2024 Enrolled Act SF0032, Wyoming Legislature, 2024 (accessed 2026-10-26)