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    Where is THC-O Legalized, and How Does This Affect You?

    THC-O-acetate (THC-O) is a highly psychoactive, hemp-derived cannabinoid that has undoubtedly taken the hemp market by storm.  Given its ability to be 3x as intoxicating as delta-9 THC, it’s no surprise that it’s become a top seller throughout the industry.

    However, even though THC-O-acetate is a cannabinoid that you can purchase online, that doesn’t mean that it’s legal everywhere throughout the United States.  Given the fact that it’s an intoxicating cannabinoid, some states have gone ahead and made it illegal, and it’s critical that you know whether or not THC-O is legal where you live.

    Is THC-O Federally Legal?

    Thanks to the Farm Bill that was passed in 2018, THC-O is considered a federally legal cannabinoid.  The law clearly states that all cannabinoid-based and other hemp products are legal as long as they contain a maximum of 0.3% delta 9 THC.

    Is THC-O Legal in All 50 States?

    While THC-O-acetate is a federally legal cannabinoid, that doesn’t mean that it’s legal in all 50 states.  Individual states can override federal law to craft their own laws regarding the hemp plant, and while no state has specifically mentioned THC-O in their legislation, several have generally banned intoxicating cannabinoids, which would by default include THC-O.

    • Alabama: THC-O is legal in Alabama. The state also recognizes medical marijuana as legal.
    • Alaska: THC-O is banned in Alaska, despite the state legalizing recreational marijuana use.
    • Arizona: Like Alaska, Arizona permits recreational marijuana, but has criminalized THC-O.
    • Arkansas: THC-O is illegal in Arkansas, while the state maintains a medical marijuana program.
    • California: Cannabis-friendly California allows THC-O to be sold, and recognizes recreational cannabis as legal.
    • Colorado: Colorado was one of the first states to legalize recreational marijuana, but THC-O is illegal.
    • Connecticut: THC-O is legal in Connecticut, as is recreational marijuana.
    • Delaware: Delaware, a state with a medical marijuana program, recently banned THC-O.
    • Florida: THC-O is legal in Florida, a state where medical marijuana has been legal for some time.
    • Georgia: THC-O is legal in Georgia, where medical marijuana also remains legal.
    • Hawaii: Hawaii does not permit THC-O, although the state has recently decriminalized possession of small amounts of cannabis.
    • Idaho: THC-O is illegal in Idaho, a state with strict laws that don’t even permit medical marijuana.
    • Illinois: Illinois permits recreational marijuana use, and as for hemp, THC-O is legal.
    • Indiana: THC-O is legal in Indiana, even though the state does not even offer a medical marijuana program.
    • Iowa:Iowa has banned THC-O, although the state does maintain a medical marijuana program.
    • Kansas: Kansas, a state still trying to pass laws for medical marijuana legalization, permits THC-O.
    • Kentucky: Marijuana is strictly illegal in Kentucky, although legislators are trying to change that. In terms of hemp laws, THC-O is banned.
    • Louisiana: THC-O is legal in Louisiana. The state also offers a legal medical marijuana program.
    • Maine: Maine, a state which has legalized recreational marijuana, allows THC-O.
    • Maryland: THC-O is legal in Maryland, where medical marijuana is very successful as well.
    • Massachusetts: THC-O is legal in Massachusetts, and the state also allows for recreational marijuana use.
    • Michigan: Michigan recently legalized recreational cannabis, and THC-O is also legal.
    • Minnesota: THC-O is legal in Minnesota, a state with a medical marijuana program, where small amounts of cannabis have recently been decriminalized.
    • Mississippi: Mississippi is notoriously anti-cannabis, not even offering medical marijuana to residents, and has banned THC-O.
    • Missouri: THC-O is legal in Missouri. The state also operates a medical marijuana program.
    • Montana: Montana has banned intoxicating cannabinoids like THC-O, while maintaining a medical marijuana program for qualifying patients.
    • Nebraska: Nebraska recognizes THC-O as legal, and also recently decriminalized possession of small amounts of marijuana.
    • Nevada: While marijuana is fully legal in Nevada, THC-O is not.
    • New Hampshire: THC-O is legal in New Hampshire, another state that also allows for medical marijuana.
    • New Jersey: THC-O is legal in New Jersey, a state that legalized recreational marijuana last year.
    • New Mexico: New Mexico permits THC-O and has legalized recreational marijuana as well.
    • New York: While New York has legalized recreational marijuana, THC-O and other intoxicating hemp cannabinoids are illegal.
    • North Carolina: THC-O is legal in North Carolina, and small amounts of marijuana possession have also recently been decriminalized.
    • North Dakota: THC-O is illegal in North Dakota. Residents can obtain a card to participate in the state’s medical marijuana program.
    • Ohio: THC-O is legal in Ohio, a state that operates a medical marijuana program as well.
    • Oklahoma: Oklahoma, a state with a legal medical marijuana program, also permits THC-O.
    • Oregon: THC-O is legal in Oregon, as is recreational marijuana.
    • Pennsylvania: THC-O is fully legal in Pennsylvania, where medical marijuana is also legal.
    • Rhode Island: THC-O is banned in Rhode Island. But, the state does offer a medical marijuana program to residents. 
    • South Carolina: South Carolina permits THC-O use, and also operates a medical marijuana program.
    • South Dakota: THC-O is legal in South Dakota. The state also legalized recreational marijuana.
    • Tennessee: THC-O is legal in Tennessee, where marijuana remains illegal both for recreational and medicinal use.
    • Texas: Texas is another state that allows for intoxicating hemp derivatives like THC-O, while only allowing marijuana for medical patients.
    • Utah: THC-O is not permitted in Utah. The state recently legalized medical marijuana.
    • Vermont: THC-O is banned throughout Vermont, although they’re more friendly toward marijuana than hemp, making the plant fully legal.
    • Virginia: THC-O is a legal cannabinoid in Virginia, as is recreational marijuana.
    • Washington: THC-O is banned in Washington, despite marijuana being recreationally legal.
    • West Virginia: West Virginia, a state with a medical marijuana program, also permits THC-O.
    • Wisconsin: THC-O is legal in Wisconsin, while only medical marijuana use is permitted.
    • Wyoming: THC-O and other hemp derivatives are legal in Wyoming, and legalization of recreational marijuana looks to be on its way.

    This list above is accurate as of February of 2022, but as many already know, these laws can change, seemingly out of nowhere, at any time.  Basically, this means that you’ll want to regularly check back on your state’s laws to see if anything has changed before attempting to purchase THC-O.

    How Does This Impact You, The Consumer?

    The bottom line is that if you live in one of the above states that has banned THC-O, we cannot legally ship THC-O products to your home.  It seems that these states are more likely to enforce laws against sales of THC-O-acetate than possession of the cannabinoid, but still, living in a state that has forbidden THC-O sales means that trying to find it locally will be quite a challenge.  What we hope for is that these states will be more hemp-friendly in the coming months or years as we learn more about the incredible value of cannabinoids beyond their psychoactive capabilities.