What is the Legality of THC-O in the United States?

July 9, 2021
USA flag and cannabis plants
USA flag and cannabis plants

THC-O-acetate (or simply THC-O) is a cannabinoid that is extremely unique, being a synthesized derivative of naturally occurring tetrahydrocannabinolic acid (THCA) and ultimately derived from the hemp plant while being three times as potent as D9 THC (some researchers claim up to five times more potent). 

While one may expect some incredible effects, at the same time, side effects can also be more frequent. To avoid adverse effects, it is highly advised to start low and go slow: wait for the effects to kick in before raising your dose. It is also strongly recommended to consult your healthcare provider.

Given its completely distinctive nature, we understand that many are completely confused about the THC-O legality, which can be confusing when it comes to hemp derivatives, both on a federal and a state level in the US.

Is THC-O Federally Legal?

It may be surprising for many, but THC-O has not been classified as an illegal substance under United States law. So, as of now, the 2018 Farm Bill, which made all hemp derivatives, which contain no more than 0.3% delta-9 THC, legal, can still be applied to THC-O. This is also why delta-8 remains a federally legal compound that can easily be purchased throughout the United States. At the same time, some may claim that because of its synthetical nature and resemblance to D9, the Federal Analog Law can also be applied, making THC-O illegal.

Is THC-O Legal in Every State?

THC-O legality is more or less clear on the federal level, but some states have expanded legislature to ban delta 8 THC, which would effectively ban THC-O as well due to specific classifications of what constitutes an illegal cannabinoid. Being made synthetically, THC-O has been explicitly banned in some states due to its origin. 

State

Legal

Illegal

Alabama

 

Alaska

 

might be illegal

Arizona

 

might be illegal

Arkansas

 

might be illegal

California

 

Colorado

 

might be illegal

Connecticut

 

Delaware

 

might be illegal

Florida

 

Georgia

 

Hawaii

 

Idaho

 

might be illegal

Illinois

 

Indiana

 

Iowa

 

might be illegal

Kansas

 

Kentucky

 

Louisiana

 

Maine

 

Maryland

 

Massachusetts

 

Michigan

 

Minnesota

 

Mississippi

 

might be illegal

Missouri

 

Montana

 

might be illegal

Nebraska

 

Nevada

 

New Hampshire

 

New Jersey

 

New Mexico

 

New York

 

might be illegal

North Carolina

 

North Dakota

 

Ohio

 

Oklahoma

 

Oregon

 

Pennsylvania

 

Rhode Island

 

might be illegal

South Carolina

 

South Dakota

 

Tennessee

 

Texas

 

Utah

 

might be illegal

Vermont

 

might be illegal

Virginia

 

Washington

 

West Virginia

 

Wisconsin

 

Wyoming

 

This is the most up-to-date information on the legality of THC-O. But, cannabinoid-related laws can change at any time, both on a federal and state level, so it is important to always check for updates on legislation regarding this unique compound. This way, you always know that you are buying a product legally to avoid breaking the law.