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Is THCA Legal? A State-by-State Guide for 2026
Is THCA Legal? A State-by-State Guide for 2026
Last updated: February 2026
The short answer: yes, THCA is currently legal at the federal level — but the legal landscape is shifting fast, and the rules depend heavily on where you live and when you're reading this. If you're wondering whether THCA is legal in your state right now, this guide covers everything: the federal framework, the state-by-state breakdown, the major law change signed in November 2025, and what happens at the November 2026 deadline.
If you're new to THCA as a cannabinoid, start with our complete guide to what THCA is and how it works. If you're specifically interested in the differences between THCA and THC, we've covered that in depth in our THCA vs THC comparison guide. This article focuses specifically on legality, regulations, and what to expect going forward.
The Federal Status of THCA Under the 2018 Farm Bill
The legal status of THCA starts with the 2018 Farm Bill (Agriculture Improvement Act of 2018). This law removed hemp from the Controlled Substances Act and legalized the cultivation, processing, and sale of hemp and hemp-derived products nationwide — with one critical condition: legal hemp must contain no more than 0.3% Delta-9 THC by dry weight.
The 2018 Farm Bill hemp explained in simple terms: Congress drew a legal line between hemp and marijuana based solely on Delta-9 THC content. Cannabis plants and products containing 0.3% or less Delta-9 THC are hemp — legal. Anything above 0.3% Delta-9 THC is marijuana — federally illegal as a Schedule I controlled substance.
This distinction is the foundation of the legal THCA market. THCA (tetrahydrocannabinolic acid) is a separate cannabinoid from Delta-9 THC. The Farm Bill specifically regulates Delta-9 THC concentration — not THCA concentration. That means hemp flower can contain 25%, 30%, or even 35% THCA while still testing below the 0.3% Delta-9 threshold at the time of lab testing, making it fully compliant with the federal definition of hemp.
This is sometimes called the THCA hemp loophole, though that framing is a bit misleading. It's not an oversight in the law — it's a direct consequence of how Congress defined the difference between hemp and marijuana. The Farm Bill loophole explained more precisely: Congress chose Delta-9 THC as the regulated compound, and THCA is not Delta-9 THC. Until the law changes, products testing below 0.3% Delta-9 THC are legal hemp regardless of their THCA content.
How THCA Stays Federally Legal (the 0.3% Delta-9 Rule)
Understanding how THCA products remain legal requires understanding the difference between THCA and THC at the molecular level. THCA is the raw, acidic form of THC that exists naturally in living cannabis plants. It only converts to psychoactive Delta-9 THC when exposed to heat through decarboxylation — the process that occurs when you smoke, vape, or cook with flower.
Federal compliance testing measures the cannabinoid content of hemp at the time of testing — not after the product has been heated. Since THCA is a distinct compound from Delta-9 THC, it is not counted toward the 0.3% limit. A sample of THCA flower that tests at 28% THCA and 0.18% Delta-9 THC is federally legal, even though heating that flower would convert most of the THCA into Delta-9 THC.
This is the same legal framework that allows hemp-derived Delta 9 products like Delta 9 gummies to exist. Those products contain real Delta-9 THC, but the total amount stays below 0.3% of the product's dry weight — which, for a gummy weighing several grams, can mean a meaningful dose of THC while still being compliant.
This is also why the distinction between hemp and marijuana matters so much. The hemp vs marijuana difference is not botanical — they are the same plant species (Cannabis sativa L.). The difference is entirely legal, defined by the Delta-9 THC threshold established in the Farm Bill.
The 2025 Continuing Appropriations Act: What Changed
On November 12, 2025, President Trump signed H.R. 5371 — the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. Embedded in this spending bill are amendments that fundamentally redefine hemp under federal law, with enforcement beginning November 12, 2026.
These are the new hemp regulations for 2026 that every THCA consumer needs to understand:
1. Total THC replaces Delta-9 THC as the controlling standard. The new law replaces the Delta-9-only test with a "total tetrahydrocannabinols" standard measured after decarboxylation. This includes Delta-9 THC, THCA, Delta-8 THC, Delta-10 THC, THCP, and all other THC isomers and analogs. Any material exceeding 0.3% total THC on a dry-weight basis will be classified as marijuana. This change would make virtually all current THCA flower federally illegal, since flower testing at 25-35% THCA would far exceed the 0.3% total THC limit.
2. Per-container THC limits on finished products. No final hemp-derived cannabinoid product can contain more than 0.4 milligrams of total THC per container. This would effectively eliminate current Delta-9 gummies, THCA edibles, and most other ingestible hemp products on the market.
3. Ban on synthetic and chemically converted cannabinoids. Any cannabinoid produced by chemical synthesis or conversion — including Delta-8 THC, HHC, THC-O, and similar compounds — is expressly excluded from the definition of hemp, even if derived from legal hemp biomass.
4. One-year enforcement delay. These provisions take effect 365 days after the bill was signed, setting the enforcement deadline at November 12, 2026.
This means that as of right now — February 2026 — THCA flower is still legal under the current framework. The 2018 Farm Bill's Delta-9-only standard still governs. But the clock is ticking.
States Where THCA Flower Is Legal
Even under current federal law, state laws vary significantly. Some states follow the federal Farm Bill framework closely, while others have enacted their own restrictions on THCA, total THC, or specific hemp-derived cannabinoids. Here's the hemp legal status by state for 2026, grouped by how they treat THCA flower specifically.
Note: State laws change frequently. This list reflects our best understanding as of February 2026. Always check your state's current statutes before purchasing.
States Where THCA Flower Is Legal (Follow Federal Farm Bill Framework)
These states generally follow the 2018 Farm Bill's Delta-9-only standard and do not specifically restrict THCA. THCA flower can typically be purchased, possessed, and shipped to these states:
Alabama, California, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
States With Restrictions on THCA or Hemp Flower
These states have enacted laws or regulatory interpretations that may restrict THCA flower, use total-THC testing, or impose additional requirements on hemp-derived products:
Alaska — Regulates hemp flower similarly to marijuana in some jurisdictions. Some local restrictions apply.
Arizona — Has adopted total THC testing for certain product categories. THCA flower may be restricted depending on interpretation.
Colorado — Uses total THC testing for hemp compliance. THCA flower above 0.3% total THC is treated as marijuana. One of the most restrictive states for hemp-derived cannabinoids.
Connecticut — Has imposed restrictions on intoxicating hemp products, including THCA flower.
Hawaii — Restricts hemp flower and applies a total THC standard to hemp products.
Minnesota — Legalized THC edibles but restricts hemp flower. Specific product categories are regulated through their cannabis framework.
New York — Enacted the Cannabinoid Hemp Regulation law restricting certain cannabinoid products. Some hemp flower restrictions in effect.
Oregon — Uses total THC testing. High-THCA flower is generally treated as marijuana, not hemp.
Vermont — Applies total THC testing to hemp. THCA flower above the threshold is regulated as cannabis.
Washington — Restricts smokable hemp products in some contexts. Check current state regulations.
States Where THCA Flower Is Banned or Effectively Prohibited
These states have explicitly banned or effectively prohibited hemp-derived THCA flower and similar products:
Arkansas — Enacted Act 629 in 2023 banning Delta-8 and other intoxicating hemp-derived products. THCA flower is restricted.
Idaho — Zero-THC threshold. Any detectable THC (including THCA that could convert) makes a product illegal. One of the most restrictive states.
Iowa — Restricts smokable hemp and most intoxicating hemp-derived products.
Mississippi — Restricts hemp flower and intoxicating hemp products under state law.
Montana — Has enacted restrictions on certain hemp-derived cannabinoid products.
North Dakota — Restricts intoxicating hemp products under state regulations.
Rhode Island — Bans certain intoxicating hemp products.
South Dakota — Restrictive hemp laws that effectively prohibit THCA flower.
Utah — Bans smokable hemp products including THCA flower.
The Haze Connect ships to all states where hemp-derived THCA products are permitted under current law. If your state restricts THCA flower, your order may not be processed. Contact us at sales@thehazeconnect.com or call (512) 505-8007 if you're unsure about your state's status.
Is THCA Legal in Texas?
Yes — THCA is currently legal in Texas. As an Austin-based hemp brand, this is our home turf, and we follow Texas hemp laws closely.
Texas legalized hemp through House Bill 1325, signed in June 2019, which aligned state law with the 2018 Farm Bill. Under HB 1325, hemp is defined as Cannabis sativa L. with a Delta-9 THC concentration of no more than 0.3% on a dry-weight basis. THCA is not included in that measurement, consistent with the federal standard.
The Texas Department of State Health Services (DSHS) oversees the state's consumable hemp program, which regulates the manufacturing, distribution, and retail sale of hemp products in Texas. THCA flower sold in Texas must be derived from hemp that meets the 0.3% Delta-9 THC threshold and must be produced by a licensed handler.
There have been several legislative attempts to restrict THCA and other intoxicating hemp products in Texas. During the 2023 legislative session, multiple bills were introduced that would have imposed total-THC testing or outright bans on high-THCA products. None of those bills passed. The 2025 session saw renewed efforts — but as of the current session, Texas continues to follow the Delta-9-only standard for hemp compliance.
All products sold by The Haze Connect are tested by accredited third-party laboratories and comply with both federal and Texas hemp regulations. View our lab results and Certificates of Analysis for every product we carry.
Important caveat: While THCA flower is legal in Texas under current state and federal law, the Texas hemp laws for 2026 could change in response to the federal November 2026 deadline. We will update this guide as new state-level developments occur.
Can You Buy THCA Online Legally?
Yes — under the current federal framework, THCA can be shipped legally through the U.S. Postal Service and private carriers to states where hemp-derived products are permitted. The 2018 Farm Bill explicitly authorizes interstate commerce of legal hemp products, including shipping across state lines.
This means you can legally order THCA flower, pre-rolls, vapes, concentrates, and edibles online and have them delivered to your door — as long as the products comply with federal hemp requirements (less than 0.3% Delta-9 THC) and your state does not restrict the specific product type.
When buying THCA online, look for these indicators of a legitimate, legal product:
Third-party lab testing: Every product should have a current Certificate of Analysis (COA) from an independent, accredited lab. The COA should show both the THCA percentage and the Delta-9 THC percentage, confirming the product is below 0.3%. At The Haze Connect, every product's COA is published directly on our website.
Farm Bill compliance statement: Reputable sellers explicitly state that their products are derived from hemp and comply with the 2018 Farm Bill.
Clear product labeling: Legal THCA products display cannabinoid content, strain information, net weight, and the manufacturer's information.
Shipping restrictions honored: Responsible vendors do not ship to states where the product is restricted. If a company claims to ship everywhere with no exceptions, that's a red flag.
Browse The Haze Connect's THCA flower collection — all products are Farm Bill compliant, lab tested, and shipped with COAs included in every order.
Can You Fly with THCA?
Technically, yes — the TSA updated its policies to allow hemp-derived products that comply with the 2018 Farm Bill (less than 0.3% Delta-9 THC) in both carry-on and checked luggage. However, there are practical risks worth considering.
THCA flower looks and smells identical to marijuana. If a TSA agent encounters it during screening, they may flag it and involve local law enforcement. While federal law technically permits it, individual states and airports may handle the situation differently. If you're traveling through or to a state that restricts THCA flower, possession could become a legal issue regardless of federal law.
If you choose to fly with THCA, carry a copy of the product's COA showing it tests below 0.3% Delta-9 THC. Keep the product in its original, labeled packaging. And be aware that you assume the risk of individual airport or state-level enforcement.
What Happens in November 2026?
The November 12, 2026 deadline is the most significant date in the legal hemp industry since the 2018 Farm Bill itself. When the provisions of H.R. 5371 take effect, the legal landscape for THCA products changes dramatically:
THCA flower becomes federally illegal. Because the new total-THC standard counts THCA toward the 0.3% limit, any flower with meaningful THCA content (which is the entire point of the product) would exceed the threshold and be classified as marijuana under federal law.
Most Delta 9 edibles become illegal. The 0.4 milligram per-container cap would eliminate the vast majority of hemp-derived Delta 9 gummies, tinctures, and edibles currently on the market.
Interstate shipping of THCA products stops. Products reclassified as marijuana cannot legally be shipped through USPS or across state lines.
So, will THCA be banned? Under the current law as written — yes, effectively, when enforcement begins in November 2026. However, there are active legislative efforts to change this outcome:
H.R. 6209 (Mace/Massie Bill): Introduced in November 2025 by Rep. Nancy Mace (R-SC) and Rep. Thomas Massie (R-KY), this bill would repeal the hemp-related provisions in H.R. 5371 entirely, restoring the 2018 Farm Bill framework.
The HEMP Act (H.R. 1287): Introduced in January 2026 by Rep. Morgan Griffith (R-VA) and Rep. Marc Veasey (D-TX), this bipartisan bill would establish the first federal regulatory framework for hemp-derived cannabinoids while maintaining legal access to products like THCA flower and Delta 9 edibles.
Two-year delay proposals: Multiple bills have been introduced to extend the enforcement deadline by two years, giving the industry and lawmakers time to develop a proper regulatory framework instead of an outright ban.
Trump Executive Order (December 18, 2025): President Trump issued an executive order directing expedited marijuana rescheduling and instructing staff to work with Congress to ensure patient access to full-spectrum CBD. While this signals political awareness of the issue, the executive order does not override the statutory changes in H.R. 5371.
The hemp farm bill 2026 changes are still in flux. The legislative situation is evolving week by week. What's clear is that the hemp industry — a $28 billion market supporting roughly 300,000 U.S. jobs — is actively fighting to prevent the November ban from taking effect as written. We'll update this guide as the situation develops.
Frequently Asked Questions
Is THCA legal in all 50 states?
No. While THCA is federally legal under the current 2018 Farm Bill framework, individual states have the authority to enact their own restrictions. Most states follow the federal standard, but several — including Colorado, Oregon, Idaho, and Utah — have restricted or effectively banned THCA flower through total-THC testing, smokable hemp bans, or zero-tolerance THC policies. Always check your state's current hemp laws before purchasing. This guide's state-by-state section covers the current status across all 50 states.
Is THCA the same as marijuana?
Not legally, no. Under current federal law, the difference between hemp and marijuana is defined by Delta-9 THC content — not THCA content. Hemp-derived THCA flower that tests below 0.3% Delta-9 THC is legally classified as hemp, not marijuana. However, this distinction is set to change in November 2026 when the new total-THC standard takes effect. For a full breakdown of how THCA and THC compare, read our THCA vs THC guide.
Can I get arrested for having THCA flower?
In states where THCA flower is legal under both federal and state law, possessing Farm Bill compliant product should not result in arrest. However, because THCA flower looks and smells identical to marijuana, law enforcement encounters can create complications. Carrying a copy of the product's COA and keeping it in original, labeled packaging can help demonstrate compliance. In states that restrict THCA flower, possession may be treated the same as marijuana possession.
Will THCA be illegal in 2026?
If the provisions of H.R. 5371 (signed November 2025) take effect as written on November 12, 2026, THCA flower would effectively become illegal under federal law because THCA would count toward the 0.3% total THC threshold. However, multiple legislative efforts are underway to repeal or delay these provisions, including H.R. 6209 and the bipartisan HEMP Act. The outcome is not yet determined. We will update this guide as new legislation develops.
Can I order THCA flower online to my state?
Currently, yes — in most states. The 2018 Farm Bill authorizes interstate commerce of legal hemp products. You can order THCA flower online and have it shipped to any state that permits hemp-derived cannabinoid products. The Haze Connect ships to all eligible states from Austin, TX with free shipping on orders over $100. Check the state-by-state section above to confirm your state permits THCA flower.
What's the difference between hemp and marijuana?
The difference is legal, not botanical. Hemp and marijuana are both Cannabis sativa L. — the same plant species. Under current federal law (the 2018 Farm Bill), cannabis containing 0.3% or less Delta-9 THC by dry weight is classified as hemp. Cannabis containing more than 0.3% Delta-9 THC is classified as marijuana and remains a Schedule I controlled substance. This legal distinction is what makes hemp-derived THCA products possible. For a deeper explanation, see our complete guide to THCA.
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Buy THCA Flower Online — Dispensary-Grade, Shipped to Your Door
Shop with confidence while THCA is legal. Browse all products from The Haze Connect — dispensary-grade THCA flower, whole bud pre-rolls, live resin vapes, concentrates, and Delta 9 gummies. Every product is Farm Bill compliant, third-party lab tested, and shipped free on orders over $100 from Austin, TX.
