The legality of THCA is one of the most frequently asked questions in the hemp industry, and for good reason. The answer involves federal law, a legal loophole, differing state regulations, and a major regulatory change coming in late 2026.
Here's the bottom line up front: THCA is currently federally legal as hemp under the 2018 Farm Bill, but that changes on November 12, 2026. Between now and that date, the legality of THCA products depends on where you live and how your state interprets hemp law.
This guide breaks down the federal framework, explains what's changing, and provides a state-by-state overview focused on the states that matter most for online THCA purchases.
The Federal Framework: How THCA Became Legal
The 2018 Farm Bill
The Agriculture Improvement Act of 2018 (commonly called the 2018 Farm Bill) removed hemp from the Controlled Substances Act and defined it as:
Cannabis sativa L., including any part of that plant, seeds, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, containing no more than 0.3% delta-9 THC on a dry-weight basis.
Two critical details in this definition created the legal space for THCA products:
- The 0.3% limit applies specifically to delta-9 THC, not to total THC and not to THCA.
- The definition explicitly includes "acids" (THCA is tetrahydrocannabinolic acid), meaning THCA was contemplated by the legislature and included within the definition of legal hemp.
Because cannabis plants naturally produce THCA (which only converts to THC when heated), flower that contains 25-33% THCA but less than 0.3% delta-9 THC qualifies as legal hemp under this definition. The plant is tested before decarboxylation, meaning the THCA hasn't been converted to THC yet at the time of compliance testing.
The DEA's Position
In 2022, the DEA attempted to clarify its stance on THCA products. However, as cannabis law attorney Rod Kight of Kight Law explained in a detailed legal analysis, the DEA's statements actually reinforced that THCA products meeting the Farm Bill's delta-9 THC threshold are legal hemp.
Kight's analysis argued that the DEA's own restrictions don't apply to compliant THCA products because of the explicit language of the 2018 Farm Bill. The statute's definition of hemp includes cannabinoid acids, and the THC limit is measured at the time of testing (pre-decarboxylation).
Secret Nature commissioned a legal opinion letter from Kight Law specifically addressing the compliance of our THCA products. This letter confirms that our products meet the federal definition of hemp and are lawfully sold and shipped interstate.
Interstate Commerce
Because THCA flower and products that meet the Farm Bill's definition are classified as hemp (not marijuana), they can be legally transported across state lines under federal law. This is what enables online THCA retailers like Secret Nature to ship products directly to customers in most states.
What Changes in November 2026
The Continuing Appropriations Act, 2026
On November 12, 2025, President Biden signed H.R. 5371 into law, which included Section 781 amending the definition of hemp. This is the most significant change to hemp law since the 2018 Farm Bill. The key provisions:
Total THC replaces delta-9 THC. Starting November 12, 2026 (after a 365-day grace period), hemp must contain no more than 0.3% total THC on a dry-weight basis. "Total THC" is calculated as:
(THCA × 0.877) + delta-9 THC
This means a flower testing at 25% THCA would have a total THC of approximately 21.9%, far exceeding the 0.3% limit. Most current THCA flower will no longer qualify as legal hemp.
Per-container limits for finished products. Consumer products (edibles, vape cartridges, tinctures, etc.) are capped at 0.4 mg total THC per container. This effectively eliminates most hemp-derived THC products as currently formulated.
Synthetic cannabinoid exclusion. Cannabinoids that are synthesized or manufactured outside the plant (like most commercial delta-8 THC, which is converted from CBD) are excluded from the hemp definition entirely. Only naturally occurring cannabinoids qualify.
What This Means for You
Between now and November 12, 2026, THCA products remain federally legal under the current Farm Bill definition. After that date, the landscape changes dramatically. THCA flower, vapes, and edibles as they currently exist will likely need to be reformulated or will become restricted to state-regulated cannabis programs.
This is why the current window matters. If you value access to quality THCA products shipped to your door, the time to stock up or establish your preferred products is now.
State-by-State THCA Legality
Federal legality establishes the baseline, but individual states retain authority to regulate hemp within their borders. Some states embrace THCA products. Others have moved to restrict them independently of federal law.
Here's the current landscape, organized by the states most relevant to Secret Nature customers.
States Where THCA Is Legal (Key Markets)
Texas
Texas follows the federal definition of hemp under the Texas Hemp Farming Act (House Bill 1325, 2019). Hemp and hemp-derived products containing no more than 0.3% delta-9 THC are legal to possess, buy, and sell. THCA flower and products are currently available and widely sold throughout the state.
Texas has attempted to restrict hemp products through various legislative proposals, but as of early 2026, the federal definition remains the operative standard.
Status: Legal. THCA products ship to Texas.
Georgia
Georgia legalized hemp under the Georgia Hemp Farming Act (House Bill 213, 2019), aligning with the 2018 Farm Bill's definition. THCA products containing less than 0.3% delta-9 THC are legal.
Georgia has a growing THCA market with products available in retail stores and online.
Status: Legal. THCA products ship to Georgia.
North Carolina
North Carolina enacted the Industrial Hemp Pilot Program under Senate Bill 313 and later aligned its hemp laws with the 2018 Farm Bill. Hemp products meeting the federal delta-9 THC threshold are legal.
North Carolina has been one of the more hemp-friendly states, with a robust retail market for THCA products.
Status: Legal. THCA products ship to North Carolina.
Florida
Florida's hemp program follows the 2018 Farm Bill framework. Senate Bill 1020 (2019) established the state's hemp regulations, and THCA products containing less than 0.3% delta-9 THC are legal.
Florida has a large medical cannabis program, but THCA hemp products are available without a medical card.
Status: Legal. THCA products ship to Florida.
Tennessee
Tennessee was an early adopter of hemp legislation and has generally followed the federal definition. However, Tennessee enacted new restrictions on high-THCA hemp products effective January 2026, creating limitations on the sale and possession of certain intoxicating hemp-derived products.
Status: Restricted. Check current Tennessee regulations before purchasing. Some THCA products may face limitations.
States with Restrictions or Bans
Several states have moved to restrict or ban high-THCA hemp products ahead of the federal deadline:
Rhode Island has classified high-THCA hemp as marijuana, effectively banning it from hemp retailers.
Vermont restricts THCA sales to licensed dispensaries only. You cannot purchase THCA flower from online hemp retailers for delivery to Vermont.
Utah prohibits intoxicating hemp products, which includes high-THCA products when intended for consumption methods that cause decarboxylation.
Oregon has enacted regulations that limit the THC content of hemp products, potentially affecting THCA flower.
Colorado has implemented restrictions on the potency and sale of hemp-derived cannabinoid products.
States Where THCA Products Are Generally Available
The following states currently allow THCA products under their state hemp programs (aligned with the federal Farm Bill definition):
Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Note that state laws change frequently. Some states have pending legislation that could restrict THCA before the federal November 2026 deadline. Always verify your state's current regulations.
States Where THCA Is Restricted or Uncertain
Alaska, California, Colorado, Connecticut (pending), Hawaii, Idaho, Oregon, Rhode Island, Tennessee (new restrictions), Utah, Vermont, Washington (evolving).
Understanding the Compliance Testing Process
How THCA products pass compliance testing as legal hemp is worth understanding because it explains why the current legal framework works the way it does.
When hemp is tested for compliance, laboratories measure the delta-9 THC content of the raw, unheated plant material. The testing occurs before decarboxylation. At this stage, the vast majority of the plant's THC-class cannabinoids exist in their acid form (THCA), not as active delta-9 THC.
A typical THCA flower might test as follows:
- THCA: 30%
- Delta-9 THC: 0.18%
- CBD: 0.05%
- Total cannabinoids: 30.5%
Because the delta-9 THC reads 0.18% (below the 0.3% threshold), this flower qualifies as legal hemp under the current Farm Bill. The 30% THCA is not counted against the limit.
After November 2026, the same flower would be tested using the total THC formula:
Total THC = (30% × 0.877) + 0.18% = 26.49%
At 26.49% total THC, this flower would far exceed the 0.3% limit and would be classified as marijuana under the new rules.
This is why the November 2026 change is so significant. It doesn't ban a new substance. It changes the math.
Why Some States Acted Early
States that have already restricted THCA products generally did so for one of two reasons:
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Legislative intent. Some state legislatures decided that the federal "loophole" didn't align with their intent when they adopted hemp programs. They viewed high-THCA products as functionally equivalent to marijuana and moved to regulate them accordingly.
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Revenue protection. States with active recreational or medical cannabis programs have a financial interest in ensuring that hemp-derived products don't compete with their taxed and regulated cannabis markets. Restricting THCA hemp products protects that revenue stream.
Understanding these motivations helps explain the patchwork of state regulations and gives you a framework for predicting how your state might act in the future.
How Shipping Works
Secret Nature ships THCA products to states where they're legal under federal and state hemp law. All shipments include:
- Certificate of Analysis (COA) documenting delta-9 THC compliance
- Compliance documentation meeting USDA hemp regulations
- Discreet packaging with no visible indication of contents
When you place an order, our compliance team verifies that your destination state allows the product you've ordered. If there's a restriction that prevents shipping, we'll let you know.
Browse our THCA collection to see products currently available for shipping to your state.
The Kight Law Legal Opinion: Why It Matters
Legal opinions from qualified cannabis attorneys carry significant weight in the hemp industry. Secret Nature's legal opinion letter from Kight Law serves several important functions:
- Confirms compliance. The letter verifies that Secret Nature's THCA products meet the federal definition of hemp under the 2018 Farm Bill.
- Analyzes the DEA's position. It addresses the DEA's statements on THCA and explains why they don't prohibit compliant THCA products.
- Provides legal cover. Having a legal opinion from a recognized cannabis law firm demonstrates good-faith compliance, which matters if regulatory questions arise.
- Educates customers. The letter helps consumers understand why THCA products are legal and gives them documentation they can reference if needed.
Not every THCA brand invests in this level of legal analysis. It's one of the ways Secret Nature distinguishes itself in a crowded market.
What You Can Do to Prepare for November 2026
The November 12, 2026 deadline is approaching. Here's how to think about it:
If You're a Consumer
- Enjoy the current legal window. THCA products remain federally legal until November 2026.
- Stock up on favorites. If you've found strains you love, consider buying in larger quantities before regulations change.
- Stay informed. Follow updates from cannabis law firms, industry publications, and your state legislature.
- Support brands pushing for reasonable regulation. The hemp industry is actively lobbying for frameworks that allow responsible THCA commerce to continue.
Watch for State-Level Developments
Some states may create their own regulated programs for high-THCA hemp products, similar to existing state medical or adult-use cannabis programs. Others may follow the federal lead and restrict them entirely. The patchwork nature of cannabis regulation means your state's approach will determine your future access.
Frequently Asked Questions
Is THCA legal in all 50 states?
No. While THCA is federally legal as hemp under the current 2018 Farm Bill, several states have enacted their own restrictions. States like Rhode Island, Vermont, and Utah have limited or banned high-THCA hemp products. Most states allow them, but you should verify your state's current laws.
Is THCA legal at the federal level?
Yes, through November 12, 2026. Under the 2018 Farm Bill, THCA products containing less than 0.3% delta-9 THC are classified as legal hemp. After November 12, 2026, the definition changes to include THCA in the total THC calculation, which will reclassify most THCA flower as marijuana.
Can I fly with THCA?
Federally legal hemp products are permitted by TSA policy, but individual agents may not be familiar with the distinction between hemp and marijuana. State laws at your destination also matter. Traveling with THCA products carries some risk, particularly to states with restrictions.
Is THCA the same as marijuana?
Under current federal law, no. THCA products that meet the 2018 Farm Bill's definition (less than 0.3% delta-9 THC) are classified as hemp, not marijuana. However, when THCA is heated, it converts to THC and produces the same effects as traditional cannabis.
Will the November 2026 changes affect CBD products?
The changes primarily target products with significant THC or THCA content. CBD products that are already below 0.3% total THC should remain compliant. The synthetic cannabinoid exclusion will affect chemically converted products like most delta-8 THC.
Can states legalize THCA even after the federal change?
Potentially. States with legal recreational or medical cannabis programs could incorporate THCA products into their existing frameworks. However, interstate shipping of non-compliant products would no longer be permitted under federal law.
Where can I buy legal THCA products now?
Secret Nature ships lab-tested, federally compliant THCA products directly to your door in most states. Browse our THCA flower, vapes, pre-rolls, and gummies.
Should I be worried about getting in trouble for buying THCA online?
Purchasing hemp products that comply with the 2018 Farm Bill is legal. Secret Nature provides COA documentation with every order and operates under a legal opinion from Kight Law confirming our compliance. As long as your state allows THCA products, purchasing them online is lawful.
What's the difference between total THC and delta-9 THC?
Delta-9 THC is a specific cannabinoid compound. Total THC is a calculated value that includes both delta-9 THC and the amount of THCA that would convert to THC when heated (THCA × 0.877 + delta-9 THC). Under current federal law, only delta-9 THC matters for compliance. Starting November 2026, total THC will be the new standard.
Do I need a medical card to buy THCA?
No. Under current federal hemp law, THCA products that contain less than 0.3% delta-9 THC are classified as hemp and can be purchased by adults without a medical card, prescription, or special license. This is one of the primary advantages of hemp-derived THCA products over dispensary cannabis.
What happens if I'm caught with THCA flower in a restricted state?
This depends entirely on the state. In states that have classified high-THCA hemp as marijuana, possession could potentially be treated the same as marijuana possession under that state's laws. Carrying your COA documentation may help clarify the product's legal status, but it's not guaranteed to prevent legal issues. Know your state's laws before purchasing or traveling with THCA products.
Is possession of THCA flower a felony?
Under federal law, no. Hemp-compliant THCA flower is legal. At the state level, possession laws vary. In states where THCA flower is treated as marijuana, the quantity you possess may determine whether it's treated as a misdemeanor or felony. Check your specific state's cannabis laws for thresholds and penalties.
