THC-H: Where is It Legal? State by State List
There is yet another psychoactive, hemp-derived cannabinoid emerging on the market, and it’s tetrahydrocannabihexol (THC-H). THC-H promises to be the second most psychoactive cannabinoid found in hemp after tetrahydrocannabiphorol (THC-P), which may already be more than 20x as potent as delta 9 THC – essentially, this means that THC-H has the potential to get you very high.
Known for its strong euphoria and body high effects, it’s no surprise that many hemp enthusiasts are eager to get their hands on THCH products but might be wondering about its legality.
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Is THC-H Federally Legal?
Like all of the other cannabinoids to have hit the market recently, tetrahydrocannabihexol is technically a federally legal derivative of the hemp plant, thanks to the Farm Bill which passed in 2018. This law federally legalized hemp and all derivatives containing no more than 0.3% delta 9 THC by dry weight. THC-H and delta 9 are two different cannabinoids, which means that THC-H is federally protected. There are no federal restrictions on what kinds of THC-H products may be sold, or how concentrated they may be.
Is THC-H Legal in All 50 States?
Even though tetrahydrocannabihexol is a federally legal cannabinoid, that doesn’t mean that all states see eye to eye with federal hemp laws. States have the right to ban specific cannabis derivatives, and we know that a number of states have made delta 8 THC illegal.
Tetrahydrocannabihexol is so new to the market that no state legislators have gone ahead and banned it specifically. But, the states that have banned the delta 8 THC cannabinoid have generally banned intoxicating hemp derivatives overall. Therefore, to be safe, we should assume that states in which delta 8 is illegal will forbid THC-H.
- Alabama: THC-H is legal in Alabama
- Alaska: THC-H might be illegal in Alaska
- Arizona: THC-H might be illegal in Arizona
- Arkansas: THC-H might be illegal in Arkansas
- California: THC-H is legal in California
- Colorado: THC-H might be illegal in Colorado
- Connecticut: THC-H is legal in Connecticut
- Delaware: THC-H might be illegal in Delaware
- Florida: THC-H is legal in Florida
- Georgia: THC-H is legal in Georgia
- Hawaii: THC-H is partially legal in Hawaii
- Idaho: THC-H might be illegal in Idaho
- Illinois: THC-H is legal in Illinois
- Indiana: THC-H is legal in Indiana
- Iowa: THC-H might be illegal in Iowa
- Kansas: THC-H is legal in Kansas
- Kentucky: THC-H is legal in Kentucky
- Louisiana: THC-H is legal in Louisiana
- Maine: THC-H is legal in Maine
- Maryland: THC-H is legal in Maryland
- Massachusetts: THC-H is legal in Massachusetts
- Michigan: THC-H is legal in Michigan
- Minnesota: THC-H is legal in Minnesota
- Mississippi: THC-H might be illegal in Mississippi
- Missouri: THC-H is legal in Missouri
- Montana: THC-H might be illegal in Montana
- Nebraska: THC-H is legal in Nebraska
- Nevada: THC-H might be illegal in Nevada
- New Hampshire: THC-H is legal in New Hampshire
- New Jersey: THC-H is legal in New Jersey
- New Mexico: THC-H is legal in New Mexico
- New York: THC-H might be illegal in New York
- North Carolina: THC-H is legal in North Carolina
- North Dakota: THC-H might be illegal in North Dakota
- Ohio: THC-H is legal in Ohio
- Oklahoma: THC-H is legal in Oklahoma
- Oregon: THC-H might be illegal in Oregon
- Pennsylvania: THC-H is legal in Pennsylvania
- Rhode Island: THC-H might be illegal in Rhode Island
- South Carolina: THC-H is legal in South Carolina
- South Dakota: THC-H is legal in South Dakota
- Tennessee: THC-H is legal in Tennessee
- Texas: THC-H is legal in Texas
- Utah: THC-H might be illegal in Utah
- Vermont: THC-H might be illegal in Vermont
- Virginia: THC-H is legal in Virginia
- Washington: THC-H might be illegal in Washington
- West Virginia: THC-H is legal in West Virginia
- Wisconsin: THC-H is legal in Wisconsin
- Wyoming: THC-H is legal in Wyoming
Note: This offers the most up-to-date list, reflecting current state laws regarding psychoactive hemp cannabinoids. But, states can prohibit certain cannabinoids at any time, without any real warning to consumers or business owners. Essentially, you will need to check for the latest updates on your state’s hemp laws before making a THC-H purchase.
Guide for Using THC-H Legally
Understandably, it’s best to ensure that when you buy THC-H, that you’re not putting yourself at any unintended risk of getting into trouble with the law. Here’s how to acquire tetrahydrocannabihexol legally to protect yourself.
#1: Make Sure Your State Allows it
Like we said, each state is free to change their laws on psychoactive hemp products at any time. Always check for news updates about your state’s laws regarding hemp-derived cannabinoids like tetrahydrocannabihexol. If your state has recently banned delta 8, this can be a good indication that THC-H products has also become illegal.
#2: Ensure It’s Hemp-Derived
Tetrahydrocannabihexol is only legal if it is derived from the hemp plant, since the marijuana plant and all of its derivatives remain federally illegal. Therefore, make sure to check that the THC-H product comes from hemp. At Binoid, all of our THC-H products are 100% derived from hemp, and federally compliant overall.
#3: 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 THC-H in the plant) and isomerization methods (rearranging the molecules of legal hemp cannabinoids to convert them into THC-H) are generally acceptable extraction methods.
#4: Look for a Lab Analysis
All hemp-derived products should undergo a strict third-party testing procedure, by a laboratory that is authorized by the state to analyze samples of hemp products. These lab reports should be available on a company’s website for customers to access. This analysis process looks for federal compliance by testing the delta 9 THC level, while also showing you whether or not the product contains impurities or contaminants.
#5: Be Mindful of Where and When You Use it
Even if tetrahydrocannabihexol (THC-H) is legal where you live, you have an obligation to use it responsibly. Consuming THC-H before driving can get you into trouble as driving while impaired by intoxicating substances is a crime. Further, you may want to stick to using THC-H in your home, as law enforcement may not recognize that the cannabinoid is hemp-derived and legal.
Can THC-H Result in a Failed Drug Test?
Now, let’s get back into the practicalities regarding THC-H. 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 THC, including both delta 8, delta 9, and other Delta's is so low in hemp that it won’t even register. However, THC-H may be a different story, and it is possible THC-H products will trigger a drug test. That we know.
However, the interesting thing about THC-H 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 THCH will actually show up as a fail on a drug test. The same way as Delta 9 products.
The FDA’s Role In THC-H
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 THC-H 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 THC-H Products Are Made
To take the hemp plant and produce THC-H products from THC-H concentrate, companies can choose a few different ways.
Manually isolating the THCH 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
Becoming increasingly popular and a bit more complex, although less expensive overall. THC-H is an precursor to THC-P, and can therefore be made from CBD Isolate. This means that the molecules in each compound have the same atoms, only they are organized differently. Companies have found ways to rearrange these atoms in order to turn cannabidiol compounds into delta 8 and other compounds.
What’s unique about this process is that it’s also much more “sound” in terms of its legality. CBD is known to be a largely safe substance, and by using molecular chemistry to turn it into THC-H, you’re helping to break the association to delta 9 THC.
Can THC-H Be Discovered on a Lab Test by Law Enforcement?
Another concern that many have is that THC-H may be read if analyzed by a lab. Let’s say a cop pulls you over and discovers your THC-H vape oil. Then, they confiscate it and test it to see whether or not it’s legal. Again as stated before, because THC-H and THC-H 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 THC-H vape cartridges and other products without worry. However, this does not mean using the products irresponsibility. Still do not operate machinery after taking THC-H.
Tetrahydrocannabihexol is a potentially powerful psychoactive that’s federally legal, and thankfully, most states allow their residents to enjoy it as they so choose. 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 THC-H products available at Binoid.