THC-O: Where Is It Legal? State By State List

At the time of this article, THC-O-Acetate (THC-O) is a brand-new cannabinoid to the hemp scene, and one that stands out mainly for its high potency level.  In fact, THC-O is about 3x as potent as delta-9-tetrahydrocannabinol (delta 9 THC, making it extremely psychoactive compared to other hemp derivatives on the market.  As its intoxicating effects are notably powerful, it is natural that many are unsure as to whether or not it’s legal where they live.  

To buy THC-O Products Click Here

Is THC-O Federally Legal?

THC-O-Acetate is presently considered legal under federal law (2018 Farm Bill) because THC-O on the market is derived from the hemp plant, and federal law clearly states that all hemp derivatives except for delta 9 THC can be legally sold and purchased.  It’s a different cannabinoid from delta 9, which would mean that it’s federally protected.

Is THC-O Legal in All 50 States?

Because of how new THC-O-Acetate and THC-O Acetate products are, no state legislation has singled it out, at least yet.  But, some states have created legislation that bans psychoactive cannabinoids under the tetrahydrocannabinol (THC) classification, in response to the growing popularity of delta 8 THC, an intoxicating hemp derivative.  This means that THC-O is probably considered illegal in states in which delta 8 has been banned.

  • Alabama: THC-O is legal in Alabama
  • Alaska: THC-O might be illegal in Alaska
  • Arizona: THC-O might be illegal in Arizona
  • Arkansas: THC-O might be illegal in Arkansas
  • California: THC-O is legal in California
  • Colorado: THC-O might be illegal in Colorado
  • Connecticut: THC-O is legal in Connecticut
  • Delaware: THC-O might be illegal in Delaware
  • Florida: THC-O is legal in Florida
  • Georgia: THC-O is legal in Georgia
  • Hawaii: THC-O is legal in Hawaii
  • Idaho: THC-O might be illegal in Idaho
  • Illinois: THC-O is legal in Illinois
  • Indiana: THC-O is legal in Indiana
  • Iowa: THC-O might be illegal in Iowa
  • Kansas: THC-O is legal in Kansas
  • Kentucky: THC-O is legal in Kentucky
  • Louisiana: THC-O is legal in Louisiana
  • Maine: THC-O is legal in Maine
  • Maryland: THC-O is legal in Maryland
  • Massachusetts: THC-O is legal in Massachusetts
  • Michigan: THC-O is legal in Michigan
  • Minnesota: THC-O is legal in Minnesota
  • Mississippi: THC-O might be illegal in Mississippi
  • Missouri: THC-O is legal in Missouri
  • Montana: THC-O might be illegal in Montana
  • Nebraska: THC-O is legal in Nebraska
  • Nevada: THC-O is legal in Nevada
  • New Hampshire: THC-O is legal in New Hampshire
  • New Jersey: THC-O is legal in New Jersey
  • New Mexico: THC-O is legal in New Mexico
  • New York: THC-O might be illegal in New York
  • North Carolina: THC-O is legal in North Carolina
  • North Dakota: THC-O is legal in North Dakota
  • Ohio: THC-O is legal in Ohio
  • Oklahoma: THC-O is legal in Oklahoma
  • Oregon: THC-O is legal in Oregon
  • Pennsylvania: THC-O is legal in Pennsylvania
  • Rhode Island: THC-O might be illegal in Rhode Island 
  • South Carolina: THC-O is legal in South Carolina
  • South Dakota: THC-O is legal in South Dakota
  • Tennessee: THC-O is legal in Tennessee
  • Texas: THC-O is legal in Texas
  • Utah: THC-O might be illegal in Utah
  • Vermont: THC-O might be illegal in Vermont
  • Virginia: THC-O is legal in Virginia
  • Washington: THC-O is legal in Washington
  • West Virginia: THC-O is legal in West Virginia
  • Wisconsin: THC-O is legal in Wisconsin
  • Wyoming: THC-O is legal in Wyoming 

Keep in mind that information above can change at any time, as more states begin to clarify their laws on individual hemp-based cannabinoids.  This means that if you have an interest in purchasing THC-O, it is best to check with your state laws in order to have the most up-to-date information.

The FDA’s Role In THC-O

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-O 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.

The DEA and Hemp Companies

The United States Drug Enforcement Agency (DEA) is known to change their minds regularly, and many hemp companies producing THC-O products have been on pins and needles wondering whether or not their operations will get shut down due to a sudden change in legal status.  The problem with thco is that it’s becoming more popular, which is good for companies, but also draws more attention to the compound, which can lead to more attention from the DEA themselves. 

If they decide that THC-O is becoming a social concern, they may end up putting it on the list of controlled substances, which would harm hemp companies that are simply complying with the law by deriving thco from hemp through completely legal means according to the 2018 Farm Bill. The Farm Bill does explicitly state that all hemp cannabinoids are legal.  However, the DEA is often capable of overriding federal law on a whim.  

The DEA though may wrongfully accuse hemp companies of making synthesized THC-O, as the methods used to produce it could be mistaken for ones that rely on synthetic means.  This is why hemp companies are already preparing to defend themselves.  Ultimately, the extraction methods used are natural-based, meaning that they do not result in synthesized THC in any way.

Can THC-O Result in a Failed Drug Test?

Now, let’s get back into the practicalities regarding THC-O.  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-O may be a different story, and it is possible THC-O  products will trigger a drug test. That we know. 

However, the interesting thing about THC-O is that it is not a THC, and is therefore not drug tested the same way as the other products. What this means, is theoretically, THC-O will NOT show up on a THC drug test. That is a big deal for military members, and other people in jobs and careers that cannot use THC for medical relief. 

How THC-O Products Are Made

To take the hemp plant and produce THC-O products from it THC-O concentrate, companies can choose a few different ways.  

Method #1:Extraction

Manually isolating the THCO 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-O is an precursor to Delta-8, 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-O, you’re helping to break the association to delta 9 THC. 

Can THC-O Be Discovered on a Lab Test by Law Enforcement?

Another concern that many have is that THC-O may be read if analyzed by a lab.  Let’s say a cop pulls you over and discovers your THC-O vape oil.  Then, they confiscate it and test it to see whether or not it’s legal.  Again, as stated before, because THC-O and THC-O products are not a THC that means it will likely not spike anything on a drug test.

For now, it looks like you can carry THC-O vape cartridges and other products without worry. However, this does not mean using the products irresponsibility. Still do not operate machinery after taking THC-O. 

Guide for Using THC-O Legally

After learning all of this about THC-O, you might be ready to dive into it, but want to make sure that you do so with as little a risk of legal repercussion as possible.  Let’s walk you through the steps of using THC-O safely and legally.

Tip #1: Make Sure Your State Allows It

The first thing that you need to do is make sure that your state does allow THC-O according to law.  Now, like we said, state law can change at any time.  This means that just because it was legal in your state six months ago doesn’t mean that it still is.  

Tip #2: Ensure It’s Hemp-Derived 

THC-O must come from the hemp plant to be considered legal.  This is because the hemp bill is not considered a classified substance as marijuana is.  So, ensure that the company you’re buying from uses the hemp plant to stay within legal limits. Binoid is a top Delta 8 brand that makes amazing THC-O vape cartridges, THC-O disposables, THC-O bundles and THC-O tinctures that we would definitely recommend to try. 

Tip #3: Find Out the Extraction Method Used

Another thing to do is find out how the THC-O was extracted by the company that you plan to buy from.  If you cannot find info on their website, contact them yourself.  The FDA has not regulated THC-O, nor any other hemp products. Therefore, be careful of the quality of THC-O distillate and the safety of products you buy online. 

Tip #4: Look for a Lab Analysis

Next, look for a lab analysis.  Any good company producing THC-O products wants to prove their legitimacy, and so they will provide a third-party lab report to customers.  This means that they had their THC-O tested by an unbiased facility.  When looking at this lab report, make sure that it contains pure THC-O at high percentages.

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

Finally, make a point to use THC-O responsibly.  Even though it may be legal in your state, law enforcement may be confused by what it is and decide that you’re using an illegal substance.  While technically they may be in the wrong, it’s not worth the hassle of having to explain yourself.  Further, many law enforcement officials don’t even know what THC-O is, and so they might not believe you when you explain to them that it’s a federally legal substance.

In Closing

The history of THC-O is quite complicated, and it’s barely been on the market for half of a year.  What’s important is that you know whether or not THC-O is legal where you live and stay up to date with ever-changing laws regarding its use, both on a state level and on a federal level. However, if you're looking to get THC-O products near you, we definitely suggest trying Binoid's THC-O product line out here

Looking to buy THC-O in your state? Click here!

Leave a comment

All comments are moderated before being published

Shop now