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Where is THC-O Legal?

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THC-O, also known as THC-0 acetate, is among the new cannabinoids that have been causing a stir in the cannabis market recently. It is actually an ester of the popular psychoactive cannabinoid THC. Some sources claim that THC-O is three times more potent than THC.

In the US, THC is a controlled substance that is listed under schedule 1. This makes THC illegal at the federal level. THC-O being very similar to THC, one would wonder whether THC-O is legal.

Unlike most other cannabinoids, THC-O is synthetic and does not exist naturally in natural hemp. THC-O is made synthetically from CBD. Hemp was legalized in the U.S in 2018 when the 2018 Agricultural Act was passed. This made hemp-derived products such as CBD legal under federal law.

The THC-O products that are “flying off dispensary shelves” are derived from hemp CBD. In that case, hemp-derived THC-O should be legal in all states, right?

Sadly, that’s not the case. While THC-O is legal at the federal level, some states have banned it and declared it illegal.

At the height of the delta-8 controversy last year, the Drug Enforcement Administration (DEA), stated that “delta-8 THC synthetically produced from non-cannabis materials is controlled under the CSA as a tetrahydrocannabinol.” This was an implicit attempt at outlawing delta-8 as well as other THC-O.

While some states have been quick to place a ban on delta -8, others have chosen to give the DEA’s direction a wide berth and held onto the interpretation that since hemp is federally legal all hemp-derived products are legal.

Here is a list of all the states that have not banned THC-O. 

  • Alabama
  • California
  • Connecticut
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

That is the current THC-O state of legality. Should cannabis be removed from schedule 1 and made legal then THC-O will be legal in all the states. Otherwise, more states may move to place a ban on THC-O.


Lydia K. (Bsc. RN) is a cannabis writer, which, considering where you’re reading this, makes perfect sense. Currently, she is a regular writer for Mace Media. In the past, she has written for MyBud, RX Leaf & Dine Magazine (Canada), CBDShopy (UK) and Cannavalate & Pharmadiol (Australia). She is best known for writing epic news articles and medical pieces. Occasionally, she deviates from news and science and creates humorous articles. And boy doesn't she love that! She equally enjoys ice cream, as should all right-thinking people.