THCA Flower: Where Is It Legal? State By State List

THCA flower promises a powerful high thanks to the use of tetrahydrocannabinolic acid, the raw precursor cannabinoid to delta 9 THC.  When THCA flower is heated through smoking, vaping, cooking, etc., it converts into THC, allowing you to enjoy all of the known effects of delta 9, including its extremely desirable high. 

But, of course, many people are going to wonder if THCA flower is even legal.  After all, it’s really a delta 9 product, and we know that delta 9 is the most heavily restricted and regulated cannabinoid in the United States.  So, let’s take a look at both federal and local law when it comes to this relatively new product.

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Is THCA Flower Legal Under United States Federal Law?

All THCA products are considered legal under federal law, and so they can legally be purchased and sold without any restrictions on purchase or possession amount.  Ultimately, THCA flower complies with the Farm Bill of 2018, which legalized all hemp derivatives containing a maximum of 0.3% delta 9 THC.  Even though THCA converts into delta 9 when heated, THCA is technically classified as a different cannabinoid.

Is THCA Flower Legal in Every State?

While THCA flower is federally legal, it is not, in fact, legal in all 50 states.  Some states have created a law banning products with more than 0.3% “total THC,” which is the sum total of both THCA and delta 9.

• Alabama: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  At the same time, both medical and recreational cannabis use are legal in the state.
• Arizona: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  However, Arizona does permit sales of both recreational and medical marijuana.
• Arkansas: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.   Recreational marijuana is also prohibited in the state, although the state does offer a medical marijuana program to qualifying patients.
• California: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.
• Colorado: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Meanwhile, marijuana is legal, both recreationally and medicinally.
• Connecticut: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.
• Delaware: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Recreational marijuana is illegal, although the state decriminalized small amounts of possession, and does maintain a medical marijuana program for qualifying patients.
• Florida: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  The state recently decriminalized small possession amounts of marijuana, and maintains a medical marijuana program, although recreational marijuana is prohibited.
• Idaho: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.
• Kansas: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana use are banned.
• Kentucky: THCA flower products are legal.  There are no 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.  THCA flower products 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 existing yet, meaning that medical patients cannot yet make marijuana purchases.
• Louisiana: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Medical marijuana is legal for qualifying patients, and recreational use remains illegal.
• Maine: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state also permits sales of both medical and recreational marijuana.
• Maryland: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  When it comes to marijuana, medical patients can make purchases, but not recreational users. 
• Massachusetts: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana is legal.
• Michigan: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.
• Minnesota: THCA flower products are illegal.  They cannot be sold in the state by any business, physical or online.  As for marijuana laws, medicinal use is permitted, but recreational is not. 
• Mississippi: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  Mississippi permits medical marijuana sales, but has very strict requirements for qualification, while recreational use is very much illegal.
• Missouri: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.
• Nebraska: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state strictly bans any hemp products containing more than 0% THCA flower products, however.  And, only in July of 2022 did the state finally approve a medical marijuana program, while recreational marijuana use is still illegal.
• Nevada: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state does permit sales of both recreational and medical marijuana as well.
• New Hampshire: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state has legalized both recreational and medical marijuana use.
• New Mexico: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana are permitted in the state.
• New York: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Meanwhile, New York has recently legalized recreational marijuana, and does maintain a medical marijuana program for qualifying residents.
• North Carolina: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Recreational marijuana, meanwhile, is illegal in the state, and for now, qualifying medical patients cannot purchase marijuana products containing more than 0.6a10a% THC.
• North Dakota: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.
• Ohio: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  But, both medical and recreational marijuana sales are allowed.
• Pennsylvania: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  At the same time, recreational and medical marijuana is legal in the state.
• South Carolina: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% THCA flower products is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.
• Tennessee: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are considered illegal.  This means it’s not legal for businesses to carry THCA flower products.  And, online businesses are banned from shipping THCA flower products to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.
• Vermont: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  Meanwhile, recreational and medical marijuana have been legal for years in the state.
• Virginia: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state also allows sales of both medical and recreational marijuana.
• West Virginia: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products 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: THCA flower products are legal.  There are no 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.  THCA flower products can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits marijuana, both for recreational and medicinal use.

THCA Flower is Federally Legal, But Banned in Certain States 

THCA flower products are considered totally legal under federal law, but the product type is still banned in a number of states.  While cannabis laws have been changing a lot lately in different states, a state in which it’s currently illegal may legalize it in the near future, and vice versa.  So, consider checking up on your state’s hemp laws regularly to see whether or not THCA flower products remain legal or illegal where you live, because you never know what future legislation has in store. 

THCA Flower & Pre-Rolls is Legal in Most States  

Even though THCA is protected under federal law, it’s banned in 19 states for the time-being.  As we know, hemp laws can change at any time 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 THCA remains legal or illegal where you live, because you never know if the law will change in the near future.

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Guide for Using THCA Flower Legally

It goes without saying that if you’re going to buy and consume THCA, you want to do so legally, and avoid buying a non-compliant product by mistake.  Here are some tips that will help you enjoy this new cannabinoid while complying with federal and state laws.

#1: Make Sure Your State Allows It

Like we said, THCA may or may not be legal depending on the state you live in, and on top of that, state laws regarding hemp-derived psychoactives can change at any time.  So, always be certain that your state does permit you to purchase THCA.

#2: Make Sure It’s Hemp-Derived

THCA is only legal if it is derived from the hemp plant, as marijuana remains a federally illegal substance.  Fortunately, you’re really unlikely to find marijuana-derived THCA unless you’re shopping on the black market. At Binoid, all of their THCA products are 100% derived from hemp, and federally compliant overall.

#3: Look for a Lab Analysis

Always read the third-party lab report before buying an THCA product.  All THCA products, and hemp products in general, should be lab-tested by a state-authorized facility, and the lab reports should be made accessible to customers. 

Not only will this lab report show you whether or not the product is compliant with federal law but will also show you whether or not it contains impurities, how potent it is, which hemp-derived compounds are present in the formula and more.

#4: 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 THCA in the plant) and isomerization methods (rearranging the molecules of legal hemp cannabinoids to convert them into THCA) are generally acceptable extraction methods.

#5: Be Mindful of Where and When You Use it

It may be legal to purchase THCA in your state, but that may not mean you can use any THCA  product anywhere at any time. For instance, you can still get into trouble for vaping THCA  in places where smoking and vaping are prohibited.

Can THCA Flower Result in a Failed Drug Test?

Now, let’s get back into the practicalities regarding THCA.  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 THCA, including both delta 8, delta 9, and other Delta’s is so low in hemp that it won’t even register. However, THCA may be a different story, and it is possible THCA  products will trigger a drug test. That we know. 

However, the interesting thing about THCA 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 THCA will actually show up as a fail on a drug test. The same way as Delta 9 products. 

Where To Buy THCA Flower & Pre-Rolls In Your State

You can find THCA products such as vape cart disposables and more on Binoid’s website here! Or you can search “THCA” at the top header of their website. Binoid carries a wide array of THCA vape products such as indica, hybrid, and sativa options. You can choose your regular THC favorites with our THCA vape disposables here.

The FDA’s Role In THCA

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 THCA 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 THCA Flower Are Made

To take the hemp plant and produce THCA products from THCA concentrate, companies can choose a few different ways.  

Method #1: Extraction

Manually isolating the THCA compound from the hemp’s composition and extract 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

THCA is not a cannabinoid found in the hemp plant, but rather a metabolite produced in the body after delta 9 THC has been consumed.  Delta 9 converts into THCA in the liver, as part of the metabolization process in which delta 9 THC eventually breaks down and leaves the body. 

Basically, when you consume THC, THCA emerges as the first stage of your body breaking down the cannabinoid. If you’ve ever wondered why THC edibles have such a distinctive feeling in the body, THCA is to thank.  Ingesting THC means that your liver is given the task of processing it before releasing it into the bloodstream. 

During this stage, the liver turns THC into THCA, which allows for a completely one-of-a-kind type of high that’s unique from other delivery methods. THCA can be replicated exactly through the use of solvents, so that the body recognizes it as this modified form of THC regardless of the delivery method that it comes in.

Can THCA Be Discovered on a Lab Test by Law Enforcement?

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

THCA Final Thoughts

The good news is that in most states, THCA is perfectly legal, with no restrictions that determine what you can buy or how much of it you can possess.  If you live in a state in which this cannabinoid is legal, we invite you to check out the federally compliant and fully lab-tested THCA products available at Binoid.

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