THCV: Where Is It Legal? State By State List

Tetrahydrocannabivarin (THCV) is still a newer cannabinoid hit our industry, and one that stands out mainly for its nice potency level.  In fact, THCV is around 5% as potent as delta 9 THC, making it not at all psychoactive compared to other hemp derivatives on the market. 

As its intoxicating effects are notably weak, it’s natural that many believe THCV is completely legal. That may or may not be the case. This article is for those who are unsure as to whether or not THCV products are legal where they live. 

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Is THCV Federally Legal?

Yes, tetrahydrocannabivarin (THCV) is presently considered legal under federal law.  This is because THCV 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.  THCV is a different cannabinoid from delta 9, which would mean that it’s federally protected.

Is THCV Legal in All 50 States?

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

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

Note: THCV is such a new addition to the hemp industry that the information above can change at any time, as more states begin to clarify their laws on individual hemp cannabinoids.  This means that if you have an interest in purchasing THCV products, you should check with your state laws in order to have the most up-to-date information.

The FDA’s Role In THCV

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 THCV 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 thcv 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 THCV 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 THCV 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 THCV 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 THCV, 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 THCV Result in a Failed Drug Test?

Now, let’s get back into the practicalities regarding THCV.  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 and delta 9, is so low in hemp that it won’t even register.

However, since THCV is a non-psychoactive component of Hemp, it will likely not trigger a drug test. It is not a THC in the normal sense, and therefore will likely pass. The only issue you may encounter, is taking a THCV product that is mixed with THC as well. This is because THCV is expensive, and very difficult to make a pure product with it. As the entourage effect is also a better experience.

Therefore, if you get drug tested, ensure your THCV product is pure and not mixed with any psychoactive hemp compounds such as Delta 8. 

How THCV Products Are Made

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

Method #1:Extraction

Manually isolating the THCV 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.  THCV can be made with an extensive process.

Companies have found ways to rearrange these atoms in order to turn hemp 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 THCV, you’re helping to break the association to delta 9 THC. 

Where To Buy THCV Legal In Your State

The best place to buy THCV online legally is at Binoid, they have amazing THCV products that are lab tested and safe based on their over 500 five star reviews of their THCV products. They have THCV vapes and other products for sale on their website. Overall, we recommend buying THCV from Binoid online as their quality is top notch, as well as their reviews and customer service put them leagues ahead of any other THCV brand. 

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

Another concern that many have is that THCV may be read if analyzed by a lab.  Let’s say a cop pulls you over and discovers your THCV vape oil.  Then, they confiscate it and test it to see whether or not it’s legal.  Again, as stated before, THCV is not a psychoactive compound, and by itself will not trigger a drug test.

However, if it is mixed with another compound such as Delta 8, standard tests don’t differentiate between delta 8 and delta 9 that means it will likely spike anything on a drug test. For now, it looks like you can carry THCV products without worry. But you definitely have to monitor whether it is pure or mixed with THC. 

Guide for Using THCV Legally

Naturally, if you’re going to seek out THCV, you’ll want to do so without risk of breaking the law.  Here’s how to acquire this compound and use it in a way that’s not going to be legally risky.

#1: Make Sure Your State Allows It

As we said above, it’s very important to make sure that THCV is legal in your state.  Otherwise, you may get into a lot of trouble should you purchase or possess it.  Check on your state’s hemp laws periodically and note that if your state has recently banned delta 8 THC, there is a possibility THCV has also been banned, so look at the actual bill to figure out the specifics of your state’s new laws. Although THCV is not psychoactive, states may not like it. However, most states seem ok with THCV in general. 

#2: Ensure It’s Hemp-Derived

THCV is only classified as federally legal if it comes from the hemp plant, because marijuana and its various derivatives remain illegal under federal law.  This means that you can only legally purchase THCV if it comes from hemp.  The good news is that at Binoid, we strictly carry hemp-derived products, including our THCV, which is federally compliant in every way.

#3: Find Out the Production Method Used

Currently, the FDA does not prohibit certain types of extraction methods that are used to produce THCV products.  But, you should consider the extraction method used by a company for your own safety.  THCV is, by nature, pure from Hemp. However, it may be lab created based on the manufacturing process. Binoid's THCV consists of pure, hemp-derived THCV. For other companies, find out how that company makes their THCV to ensure they aren’t sneaking unsafe additives into the process.

#4: Look for a Lab Analysis

All hemp products, including those that contain THCV, must undergo a third-party testing process carried out by an unbiased, state-authorized hemp analysis laboratory.  This provides objective information about the federal compliance of a product, along with its safety profile as it detects impurities, microbes and contaminants.  Always look for these lab reports on a company’s website to know that what you’re getting is genuine and high in quality.

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

Even if your state allows you to buy and use THCV, you need to make sure that you’re responsible with it.  Although THCV is not psychoactive, the mixture of it and other compounds may be. Driving under the influence of any intoxicating substance is illegal, so be mindful of this when the cannabinoid is in your system. 

Further, it may be smart to only use THCV products at home, since law enforcement officers may assume that because it says "THC" in the name what you’re using is marijuana, since it can be hard to tell the difference without a thorough analysis or explanation.

In Closing

THCV and THCV products really is an exciting addition to the hemp market, and the good news is that it’s fully legal for the large majority of Americans.  If you’ve determined that the cannabinoid is legal in your state based on the list above, we encourage you to explore the federally compliant, lab-tested THCV at Binoid.

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