1. Alabama

THC-A flower that contains less than 0.3% delta 9 THC by dry weight is legal in Alabama. 

THC-A flower is illegal in states that have introduced a ‘total THC’ law for finished hemp products. Luckily, Alabama is not one of them. State law (SB 225) considers hemp-derived products with a delta 9 THC concentration of less than 0.3% legal hemp. 

Under SB 66, the sale, use, and possession of “psychoactive cannabinoids” is allowed by adults 21 and over. This means that you can lawfully purchase THC-A flowers in this state if you’re an adult. Alabama’s law permits the sale, use, and possession of smokable hemp products. 

2. Alaska

THC-A flower is legal in Alaska. 

When Alaska legalized hemp, it removed the crop from the definition of marijuana. Although state law considers all tetrahydrocannabinols Schedule IIIA substances, it makes no mention of THC’s acids. Since THC-A is the acid precursor of delta 9 THC, it’s a legal substance in this state. 

Alaska doesn’t test finished hemp products for their total THC levels. It also doesn’t test hemp crops for their post-harvest, which makes THC-A flower a lawful product. 

3. Arizona 

THC-A flower is in a gray legal area in Arizona. 

The state legalized hemp under SB 1098 but defines it in line with the 2014 Farm Bill. This means that it doesn’t specifically legalize hemp cannabinoids. State law also considers hemp tetrahydrocannabinols controlled substances as they are not exempt from the list of controlled substances. 

On the other hand, Arizona aligned state hemp law with federal law through several provisions that allow the commerce of hemp products and exclude hemp THCs from the definition of marijuana. 

Due to state hemp law tying itself with federal law, THC-A flower with less than 0.3% delta 9 THC is in a gray legal area in Arizona. 

4. Arkansas

Arkansas tests finished hemp products for their total THC levels, making THC-A flower likely illegal. 

In April 2023, Arkansas updated its hemp laws under SB 358. Under the new law, only individuals licensed by the state’s tobacco control board can sell smokable hemp products. They must offer the products in their finished form, for example, pre-rolls and cigarettes.

Also, processors must test final hemp products for their total THC content. If the product has over 0.3% total THC, it’s not lawful hemp. This makes THC-A flower illegal because the conversion of THC-A into THC is calculated in the final product.   

5. California

THC-A flower is likely illegal in California because the state has a total THC law for finished hemp products. 

Hemp-derived products that have total THC levels of no more than 0.3% by dry weight are legal hemp. The definition of ‘total THC’ includes THC-A and isomers like delta 9, delta 8, and delta 10 THC. 

This means that the state calculates the complete conversion of THC-A into THC in the final product. THC-A flower contains high levels of THC-A, which easily surpasses the legal limit in this state.  

Also, California prohibits the sale, use and possession of smokable hemp products within state borders. 

6. Colorado 

Colorado tests finished hemp products for their total THC levels, making THC-A flower likely illegal. 

Colorado’s new hemp law (SB23-271), effective June 7, 2023, has complicated provisions around the THC levels in hemp products. Under state law, finished hemp products must not contain more than 1.75 mg of THC per serving. Also, the CBD to THC ratio must not be greater than 15:1. 

THC-A flower contains high levels of total THC (10% to 20% or 100 to 200 mg per 1 gram) and very low levels of CBD, making it illegal under state law. 

7. Connecticut

Connecticut tests finished hemp products for their total THC levels, making THC-A flower likely illegal. 

Under SB 6699, the state tests hemp products for a total THC content (THC-A + THC) of no more than 0.3% on a dry-weight basis. Therefore, finished products with a high THC concentration, like THC-A flower, are unlawful in Connecticut. 

State law includes high-THC hemp products as cannabis, so they can be lawfully sold only by licensed retailers. 

8. Delaware

THC-A flower is likely legal in Delaware. 

The state doesn’t test finished hemp products for their total THC levels. It also doesn’t test hemp crops for their total THC levels post-harvest, which makes THC-A flower a lawful product. 

Now, state law doesn’t exempt hemp-derived tetrahydrocannabinols from the definition of marijuana. But, THC-A is an acidic form of THC or the precursor form with non-intoxicating properties. 

Acids are not included in the definition of tetrahydrocannabinol, making THC-A a legal component in this state. 

In addition, Delaware’s law has no restrictions on hemp flower and smokable hemp products. So, you can order THC-A flower online in this state without restrictions. 

9. Florida

THC-A flower is legal in Florida. 

Under state law, hemp-derived products with a delta 9 THC concentration of no more than 0.3% by dry weight are legal hemp. This means that if THC-A flower contains 0.3% delta 9 THC as a finished product, it’s hemp. 

If you’re 21 and over, you can purchase smokable hemp products in this state without restrictions. 

10. Georgia 

THC-A flower is legal in Georgia. 

The state amended its hemp law (HB 213) to remove hemp and hemp products from the definition of marijuana. Although state law includes tetrahydrocannabinolic acid in the definition of THC, it exempts it from the definition if derived from hemp. The bill takes the federal THC threshold for hemp, or 0.3% delta 9 THC by dry weight.  

In its hemp plan, Georgia doesn’t have a post-harvest requirement for hemp crops. In addition, hemp flower and smokable hemp products are legal in this state, so you can lawfully purchase THC-A flower online. 

11. Hawaii

THC-A flower is illegal in Hawaii. 

First, the state banned the sale, use, and possession of hemp flower and smokable hemp products. The ban includes cigars and cigarettes. 

Second, state law defines hemp products as products with a delta 9 THC concentration of not more than 0.3% “as measured post-decarboxylation.” When measured post-decarboxylation, the conversion of THC-A into THC is accounted for in the total delta 9 THC levels of the product. 

This means that THC-A flower is illegal in Hawaii because the state has a total THC law for finished hemp products.  

12. Idaho 

THC-A flower is illegal in Idaho. 

Idaho’s hemp laws are the strictest in the nation. State law doesn’t allow the sale, use, and possession of hemp products with any THC concentration. This means that only hemp-derived products with zero THC are lawful in Idaho. 

THC-A flower contains a federally legal concentration of delta 9 THC, but in this state, it’s labeled as marijuana because of it. 

13. Illinois 

THC-A flower is legal in Illinois. 

Under state law, hemp products are lawful if their delta 9 THC concentration doesn’t exceed 0.3% by dry weight. The state doesn’t test for the total THC levels (THC-A + THC) in finished hemp products. This means that as long as THC-A flower contains no more than 0.3% delta 9 THC (as shown on the Certificate of Analysis), it’s a lawful product in Illinois. 

The state has a total THC requirement for pre-harvested hemp but not for post-harvested samples. In addition, smokable hemp products are fully legal in this state, so you can order this type of flower without restrictions. 

14. Indiana

THC-A flower is illegal in Indiana. 

The state has a general ban on smokable hemp flower, defined as “a product containing not more than three-tenths percent (0.3%) delta-9-tetrahydrocannabinol (THC), including precursors and derivatives of THC, in a form that allows THC to be introduced into the body by inhalation of smoke.” 

The term “smokable hemp” includes hemp bud and hemp flower, making THC-A flower an illegal product. 

15. Iowa

THC-A flower is likely illegal in Iowa. 

Iowa’s Hemp Act defines “hemp” as a crop with a maximum delta 9 THC concentration of not more than 0.3% by dry weight. 

The term “maximum” likely means “total THC” concentration and includes THC-A because it’s also referenced in the section regarding hemp testing using post-decarboxylation (potential conversion of THC-A into THC). 

The term “maximum delta 9 THC concentration” is not explicitly defined, which leaves room for interpretation. But, the law also makes it clear that hemp products with a maximum delta 9 THC concentration of more than 0.3% are not considered lawful hemp. 

16. Kansas 

THC-A flower is illegal in Kansas. 

Under state law, the sale, use and possession of hemp buds and ground hemp floral material is only allowed between registered hemp processors. 

State law also includes THC isomers and their acids in the definition of delta 9 THC. This means that finished hemp products with a total THC concentration of more than 0.3%, like THC-A flower, are unlawful in Kansas. 

17. Kentucky 

THC-A flower is illegal in Kentucky. 

Similar to Kansas, Kentucky prohibits the sale of hemp flower directly to consumers. Only licensed processors and distributors can distribute and sell hemp flower to legal states that permit the sale of hemp flower. Hemp cigarettes, cigars and ground hemp floral material are also banned for consumer sales. 

18. Louisiana 

THC-A flower is illegal in Louisiana. 

Under state law, THC means a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid (THC-A). The state regulates floral hemp material as a “consumable hemp product.” 

For floral hemp material, a product shall not exceed a total THC concentration of more than one percent on a dry weight basis. 

19. Maine 

THC-A flower is legal in Maine. 

Maine tests finished hemp products for their delta 9 THC levels and doesn’t have a total THC law in place. Smokable hemp flower is a lawful product in this state. So, you can buy, use, and possess THC-A flower in Maine without restrictions. 

20. Maryland 

THC-A flower is legal in Maryland. 

The state doesn’t test finished hemp products for their total THC levels (THC + THC-A). Therefore, THC-A flower with a delta 9 THC concentration of no more than 0.3% by dry weight is lawful in Maryland. 

You can purchase smokable hemp products in this state without restrictions. Hemp products that contain intoxicating compounds can be purchased by adults 21 and older. 

21. Massachusetts 

THC-A flower is legal in Massachusetts only if sold to or by a licensed retail establishment. 

The Massachusetts Department of Agricultural Resources prohibits the sale of hemp flower as a finished product in a retail setting that’s not a marijuana establishment. This means that only licensed marijuana stores can lawfully sell hemp flower directly to consumers as a finished product.  

22. Michigan 

THC-A flower is likely illegal in Michigan. 

State law includes tetrahydrocannabinolic acid in the definition of THC. Hemp products are considered lawful in this state if their THC concentration doesn’t exceed 0.3% on a dry weight basis. 

This means that state law considers the potential conversion of THC-A into THC in the final product, which makes THC-A flower illegal.  

23. Minnesota

THC-A flower is illegal in Minnesota. 

State law limits the amount of THC in hemp products. Marketable hemp products must not contain more than the “acceptable hemp THC level” or less than 0.3% THC. The acceptable levels of THC include the potential conversion of THC-A into delta 9 THC, making THC-A flower an illegal product. 

24. Mississippi

THC-A flower is illegal in Mississippi. 

State law (SB 2725) defines THC as the sum of the potential conversion of THC-A into delta 9 THC and the percentage of delta 9 THC in the product. Because THC-A flower is high in THC-A, when converted into THC, its levels exceed the legal threshold of 0.3% by dry weight. 

25. Missouri

THC-A flower is legal in Missouri.

The state allows the sale, use and possession of smokable hemp products with less than 0.3% delta 9 THC. Missouri doesn’t have a total THC law for finished hemp products, which means you can lawfully purchase THC-A flower online without restrictions. The state legalized hemp in June 2019 under SB 133. 

26. Montana 

THC-A flower is likely legal in Montana. 

The state defines hemp as a crop with a total delta 9 THC concentration of no more than 0.3% on a dry weight basis. The ‘total THC’ requirement is not further defined, leaving products like THC-A flower in a gray legal area. 

27. Nebraska

THC-A flower is legal in Nebraska. 

State law defines hemp as a crop with a delta 9 THC concentration of no more than 0.3% by dry weight. The law defines THC as tetrahydrocannabinol, meaning Nebraska doesn’t have a ‘total THC’ law for finished hemp products. Therefore, THC-A flower is legal to purchase without restrictions in this state. 

28. Nevada

THC-A flower is legal in Nevada. 

The state amended existing law under SB 49, which limited the THC concentration in hemp products. State law defines THC as delta 9 THC and its optical, structural, and geometric isomers, delta 8, delta 7, and delta 10 THC. 

Lawful hemp products can contain a THC concentration of no more than 0.3% by weight. Since THC-A is the acid precursor to THC and is not included in its definition, THC-A flower is a legal product. 

29. New Hampshire 

THC-A flower is likely legal in New Hampshire. 

New Hampshire amended state law to include a total THC limit. House Bill 611 (effective October 2023) prohibits the sale, use, and possession of hemp products containing over 0.3% total THC. 

The definition of total THC doesn’t include THC-A, the precursor to delta 9 THC, but only its isomers, like delta 8 and delta 10 THC. This means that you can lawfully purchase THC-A flower without restrictions. 

30. New Jersey

THC-A flower is legal in New Jersey. 

Under the New Jersey Hemp Farming Act of 2019, hemp is a legal crop. The state doesn’t require hemp crops to be tested post-harvest and doesn’t have a total THC law for finished hemp products. This means that THC-A flower is legal to purchase without restrictions in this state. 

31. New Mexico

THC-A flower is illegal in New Mexico. 

The state’s HB 581, or the Hemp Manufacturing Act (enacted in 2019), removed hemp and hemp THCs from the state list of controlled substances. But, the Act defines THC as “delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method based on percentage dry weight.”

This means that the state considers the potential conversion of THC-A to delta 9 THC in the finished product, making THC-A flower illegal. 

32. New York 

THC-A flower is illegal in New York. 

Under Cannabinoid Hemp Regulations, any cannabinoid product sold at retail must contain a total delta 9 THC concentration of no more than 0.3% by dry weight. The law defines total delta 9 THC concentration as the sum of delta 9 THC and THC-A. 

This means that state law takes into consideration the potential conversion of THC-A into THC in cannabinoid hemp products, making THC-A flower illegal. 

33. North Carolina

THC-A flower is legal in North Carolina.  

Under state law, hemp-derived products are legal if their delta 9 THC content doesn’t exceed 0.3% by weight. North Carolina aligned its hemp law (SB 455) with the federal bill and doesn’t test finished hemp products for their total THC levels. 

In addition, the state doesn’t explicitly ban the sale, use, and possession of smokable hemp products. You can purchase THC-A flower and other smokable hemp products in North Carolina without restrictions. 

34. North Dakota 

THC-A flower is illegal in North Dakota. 

Senate Bill 2096 redefined the THC amount allowed in hemp and hemp products. Namely, hemp and hemp products are lawful in this state if their total THC concentration doesn’t exceed 0.3% by weight. 

The law defines total THC as the sum of THC and THC-A. In addition, the term “THC” includes delta 9’s isomers, such as delta 7, delta 8, and delta 10 THC. Since the law considers the potential conversion of THC-A in the final hemp product, THC-A is illegal in this state. 

35. Ohio 

THC-A flower is illegal in Ohio. 

Under SB 57, enacted in July 2019, hemp products are lawful if their delta 9 THC concentration doesn’t exceed 0.3% by dry weight. But, the law defines delta 9 as the sum of delta 9 THC and THC-A. This means that the total THC in lawful hemp products must not be greater than 0.3%, calculated as the sum of THC and THC-A.  

36. Oklahoma 

THC-A flower is legal in Oklahoma. 

Under HB 2913, lawful hemp products must contain a delta 9 THC concentration of no more than 0.3% by dry weight. The state removed hemp tetrahydrocannabinols from the definition of marijuana and doesn’t test finished hemp products for their total THC levels. 

Smokable hemp products are legal in Oklahoma. You can buy THC-A flower and other smokable hemp products in Oklahoma without restrictions. 

37. Oregon

THC-A flower is illegal in Oregon. 

Oregon tests hemp for its total THC levels post-harvest. Hemp that’s meant for consumer consumption is tested for its potency (adult-use cannabinoids and CB content), pesticides, and heavy metals, among others. 

Under HB 3000, signed July 19, 2021, the state created a new category of products known as “adult-use cannabinoids.” The definition of adult-use cannabinoid includes a hemp product with a total THC concentration of no more than 0.3% by dry weight. It includes both tetrahydrocannabinols and tetrahydrocannabinolic acids. 

State law defines total THC as the sum of THC and the potential conversion of THC-A into THC post-decarboxylation (once heated). Only licensed retailers can sell THC-A flower, or any adult-use cannabinoid product, directly to consumers. 

38. Pennsylvania 

THC-A flower is legal in Pennsylvania. 

Hemp-derived products with a delta 9 THC concentration of no more than 0.3%, including THC-A flower, are legal in Pennsylvania. The state doesn’t test finished hemp products for their total THC concentration. 

Smokable hemp products are legal in Pennsylvania. You can buy THC-A flower and other smokable hemp products in this state without restrictions. One thing to note about state law is that it’s outdated and not fully aligned with federal law, so hemp products are not explicitly regulated.  

39. Rhode Island 

THC-A flower is illegal in Rhode Island. 

Under the state’s Hemp Growth Act, hemp is defined as a crop with a THC concentration of the combined percent of delta 9 THC and THC-A regardless of moisture content. This means that THC-A flower is not a lawful product in Rhode Island because state law considers the conversion of THC-A into THC in hemp flower post-harvest. 

40. South Carolina 

THC-A flower is legal in South Carolina. 

The state legalized hemp-derived products with less than 0.3% delta 9 THC under H3449. South Carolina doesn’t test finished hemp products for their total THC concentration. Under the state’s hemp plan, hemp flower is tested for total THC (THC + THC-A) levels prior to harvest. 

South Carolina doesn’t explicitly ban the sale, use and possession of smokable hemp products. This means that you can buy THC-A flower in this state without restrictions. 

41. South Dakota 

THC-A flower is in a gray legal area in South Dakota. 

Hemp-derived products with a delta 9 THC concentration of no more than 0.3% are legal in South Dakota. The state doesn’t test hemp crops for their total THC levels post-harvest, making THC-A flower likely legal. 

However, South Dakota is one of the few that considers the sale of hemp for smoking or inhalation a Class 1 misdemeanor. This doesn’t automatically make THC-A flower illegal in this state because it can be used for other things like oil infusion and making edibles. However, its primary use is for smoking, so that needs to be taken into consideration by the end user. 

42. Tennessee

THC-A flower is legal in Tennessee. 

The state legalized hemp-derived products, including smokable hemp, under SB 378. Under state law, as long as the product is derived from hemp and contains no more than 0.3% delta 9 THC by dry weight, it’s lawful hemp. You can purchase THC-A flower in Tennessee if you’re 21 and older. 

43. Texas

THC-A flower is legal in Texas. 

Hemp-derived products are legal in Texas under HB 1325. The state allows the sale of smokable hemp products, but they have to be manufactured out of state. Texas doesn’t have a total THC law for finished hemp products, meaning you can purchase THC-A flower without restrictions. 

44. Utah 

THC-A flower is illegal in Utah. 

The state tests finished hemp products for their total THC levels, or the sum of THC-A post-decarboxylation and delta 9 THC. Under state law (HB 385), it’s unlawful for “any person to produce, sell, or use a cannabinoid that is smokable flower.” This means that it’s best to stay away from ordering THC-A flower online in Utah.   

45. Vermont

THC-A flower is illegal in Vermont. 

Under state law, a hemp product is all products that have the required tetrahydrocannabinol concentration level for hemp. 

The required THC concentration for hemp in Vermont is defined as “the total theoretical tetrahydrocannabinol concentration” of no more than 0.3% (number subject to change). 

It’s also the sum of THC and the potential conversion of THC-A into THC in the final product. Since the law considers the maximum amount of possible delta 9 THC in a hemp product, THC-A is unlawful to purchase. 

46. Virginia

THC-A flower is illegal in Virginia. 

Under SB 903, enacted in July 2023, hemp products are lawful if their total THC concentration doesn’t exceed 0.3% when offered for retail sale. 

The law defines “total tetrahydrocannabinol” as “the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.”

This means that Virginia considers hemp products lawful if their total THC levels don’t exceed 0.3%, making THC-A flower illegal. 

47. Washington 

THC-A flower is legal in Washington but can be sold by licensed dispensaries. 

State law (SB 5367) allows the sale of cannabis products with any amount of THC by licensed retailers. THC-A flower contains more than 0.3% THC under state law, so it’s considered a cannabis product. 

The law distinguishes between a “hemp consumable” product and a cannabis product. A cannabis product is defined as a product with any detectable amount of THC, but it’s derived from cannabis plants with more than 0.3% THC. In addition, state law defines THC as the sum of delta 9 THC and THC-A. 

State law defines “hemp consumable” product as a product made of hemp that’s meant to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion.

48. West Virginia 

THC-A flower is illegal in West Virginia. 

Under West Virginia’s Code R. § 61-30-2, THC is defined as “total THC” or the sum of delta 9 THC and the potential conversion of THC-A into delta 9 THC post-decarboxylation. 

According to a guide on hemp products set by the West Virginia Department of Agriculture, THC-A flower must contain no more than 0.3% total THC, making this product illegal. 

49. WISCONSIN 

THC-A flower is illegal in Wisconsin. 

The state defines hemp as a plant with a delta 9 THC concentration of no more than 0.3% by dry weight as tested post-decarboxylation. This means that THC-A flower is illegal because lawful hemp flower must not exceed 0.3% delta 9 THC as a final product and state law calculates the potential conversion of THC-A into THC. 

50. WYOMING 

THC-A flower is illegal in Wyoming. 

Under HB 171, Wyoming defines hemp product as a product with a THC concentration of no more than 0.3% post-decarboxylation. This means that the state considers the potential conversion of THC-A into THC in post-harvest hemp, making THC-A flower illegal.