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THC-O is one of the most potent hemp-derived cannabinoids on the market. Known for its psychoactive effects — often three times more potent than traditional THC — it’s stirring up a lot of interest.
But there’s one big question that all new THC-O users face:
Where is THC-O legal?
While THC-O is federally legal under the 2018 Farm Bill, individual state laws can make it confusing. Some states allow it; others ban it entirely.
In this guide, we’ll give you a clear, up-to-date state-by-state listof where THC-O is legal. Plus, we’ll show you exactly how to shop for safe, legal THC-O products.
Looking for legal THC-O? Check out our Elev8 Collection.
Table of Contents
Is THC-O Federally Legal?
Is THC-O Legal in Every State?
Is THC-O a Controlled Substance?
What Affects THC-O State Legality?
Does the FDA Regulate THC-O?
Did the DEA Make THC-O Illegal?
Will THC-O Make You Fail a Drug Test?
How THC-O Products are Legally Made
Can Law Enforcement Identify THC-O?
How to Purchase Safe, Legal THC-O
Where to Buy THC-O Near You
Technically, THC-O is a legal hemp derivative under federal law.
That doesn’t necessarily mean it’s legal everywhere.
The 2018 Hemp Farming Act — specifically section 12619b — addresses tetrahydrocannabinols in hemp.
This portion of the bill suggests that any THC that can be naturally derived from legal hemp material, which includes hemp and all of its cannabinoids, isomers, salts, extracts, and other derivatives, is considered to be a legal hemp product, so long as it contains less than 0.3% Delta-9-THC.
Some states, however, disagree with this federal ruling and have created their own laws to address these new THC products. Just like some states have banned Delta-8-THC derived from hemp, many of the same states do not allow THC-O to be manufactured and sold within the state.
Still, hemp-derived THC products may be accessible to consumers across the country who are shopping online.
THC-O is not necessarily legal in every state, but it is currently legal in most states. If the THC-O products are made from legal hemp material, then they are legal by federal law thanks to the Hemp Farming Act of 2018, but you still need to verify legality at the state level.
Every state has the right to create their own hemp laws, and some have specifically banned hemp-derived THC products, including Delta-8 and THC-O. Here is the current THC-O status in each US state:
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It's important to note that hemp laws are ever changing, and any of the laws above can change at any time. Always check your current state laws before purchasing THC-O near you. You need to be sure that the THC-O is legally made and sold, and that you only carry it through states where THC-O is legal.
No, THC-O is not classified as a controlled substance by federal law thanks to updated hemp laws. According to Section 12619b of the 2018 Hemp Farming Act, tetrahydrocannabinols in hemp are specifically exempt from scheduling.
That means that THC-O that is made from legal hemp material is not a controlled substance by federal law, but keep in mind that some states may categorize it differently.
There are several factors that determine whether THC-O is legal in any state. Generally, a state must:
✅ Adopt a hemp definition similar to federal law.
✅ Remove hemp-derived THC from its list of controlled substances.
✅ Regulate its manufacturing and sale according to its own hemp program.
Additionally, states often set their own standards for:
🔧 Licensing and manufacturing processes
🧪 Testing requirements
⚖️ Seller limitations
🚫 Ingredient and formulation restrictions
Let's take a deeper look at what that means:
To date, the FDA has not implemented regulations for federally legal hemp products. That means that although THC-O is currently legal with no regulation, its legal status could change abruptly once the FDA implements regulations. It's unlikely that the FDA will make any cannabinoid derived from hemp illegal as a whole, but it could change regulations regarding how hemp products are made, labelled, or sold, which could make any specific formulas illegal.
This lack of regulation currently allows a wide range of hemp formulas to be made and sold, and also poses some potential safety risks for consumers who don't know how to verify the safety of THC-O products (which we will touch on more below).
In other words, just because a product is legal doesn't mean that it's safe, and you should carefully research the quality of hemp products before you buy them.
The United States Drug Enforcement Agency (DEA) is technically in charge of regulating cannabinoids, but they haven’t had much to say since the hemp laws were updated in 2018. Some people saw the recent DEA Interim Final Rule as clarification that hemp-derived THC was classified as synthetic cannabinoid and was therefore illegal, but this is a misunderstanding.
It’s true that the Interim Final Rule states that all synthetically derived cannabinoids are illegal, regardless of classification or source. But THC-O isn’t synthetically derived, rather it’s derived by “isomerization.”
The rule also states that:
“This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations.”
In other words, the only purpose of these new rules is to help align the Controlled Substances Act with the rules that were already carved out by the 2018 Farm Bill. The DEA did not place any new restrictions on THC-O and it is still legal in the U.S.
Many experts believe that although THC-O is different from the more common THC products made from hemp, it may still turn into 11-hydroxy-THC in the body. Most common drug tests don't look for THC itself, rather they look for this THC metabolite.
That means that although THC-O is technically legal, it will likely trigger the same positive drug test result as other THC products. In other words, even though THC-O may be legal in your area, it will appear on a drug test just like traditional THC products, and it can be difficult to prove which form of THC you've consumed.
To understand more about how this works, read “Will THC-O Show Up On a Drug Test?”
Technically, THC-O can be extracted directly from hemp — just like CBD.
But because hemp contains less than 1% THC-O, direct extraction is inefficient and costly.
That’s why most companies make THC-O using a process called isomerization:
Hemp-derived CBD is first converted into Delta-8-THC.
Then Delta-8 is combined with acetic anhydride, which converts it into THC-O.
The final mixture is thoroughly refined to remove unwanted chemicals and impurities.
Key points to remember:
✅ Isomers are molecules that share the same components, just arranged differently — so isomerization doesn’t add any new chemicals.
✅ This process must be carried out by trained professionals. Acetic anhydride is highly corrosive and dangerous without proper lab equipment.
✅ Always buy THC-O from a trusted, transparent source to ensure it’s properly refined and safe to consume.
So, THC-O is legal, but how can you prove that you have legal cannabinoids if your products are seized by law enforcement? Law enforcement officers may have products sent off to a lab to be tested, and the lab will be able to differentiate between different types of cannabinoids.
This is why it’s so important to choose products that have been lab tested and to view those final lab tests for yourself. Then, you can be confident that your products will present as legal cannabinoids even when tested by law enforcement officers.
After learning more about THC-O’s legality, you may be ready to try a dose for yourself. Before you get started, check out the following tips for buying high-quality, safe, legal THC-O products online.
Before you buy THC-O products, whether you’re shopping online or in stores, familiarize yourself with state laws.
You need to make sure that THC-O is legal, that all of the ingredients and formula style is legal (for instance, if edible/smokables are legal), and that its legal to transport them (either across towns or states). Hemp laws are subject to change, so check frequently to avoid any issues.
In order for THC-O to be legal, it needs to be made from industrial hemp. That means that the original hemp material must contain less than 0.3% Delta-9-THC and must be grown under one of the states’ hemp pilot programs.
In order for THC-O to be safe, it needs to be made from high-quality (preferably organic) hemp that is grown without the use of pesticides or other harsh chemicals. The hemp quality has everything to do with the quality of the extract, so don’t skip this step.
Before you choose a hemp brand, dig a little deeper into their manufacturing process. Some things that matter include the extraction techniques used to pull the original hemp extract from the plant material and how experienced the manufacturer is with the isomerization process used to make hemp THC products.
Just keep in mind that THC-O is not regulated by the FDA, so you need to make sure that the brand you choose to buy from is legit.
Finally, look for the third party lab tests for the product you intend to buy. A good hemp brand will always provide third party lab tests for every product batch.
Take the time to review these tests. They should verify the information given on the label, like the cannabinoid content and potency, as well as the absence of contaminants, like heavy metals, pesticides, mold, and more.
Although THC-O may be legal, it still looks, smells, and act a lot like traditional THC products.
Plus, many places have restrictions on substance use or smoking in public areas. Since it may be difficult for law enforcement to tell the difference in THC-O and traditional cannabis products, you should use consideration when choosing where you dose.
You also should not use THC-O before driving, operating machinery, or any other task that would be unsafe to do while not sober.
Local laws may impact THC-O availability in your area, and hemp regulations are still inconsistent across the country. There are, of course, some hemp-friendly, well-regulated states where THC-O can be found in local stores.
Luckily, you aren’t limited to the THC-O products near you. The USPS has declared that hemp products are legal to ship through the mail, so you may be able to find better quality products when you buy them online. At Vida Optima, our hemp-derived THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about THC-O before you buy, or you can read “What is THC-O? to learn more.
Check out our Elev8 Collection to find hemp-derived THC products that ship to any area where THC-O is legal.
THC-O is not explicitly banned at the federal level in the US, but its legality can vary by state. Some states have enacted their own regulations or bans on THC-O due to its psychoactive effects and legal ambiguities.
Yes, THC-O is generally considered stronger than Delta-9 THC. It is known for its more intense psychoactive effects, which can be more potent than those of Delta-9 THC, leading to a stronger high.
A dose of 25 mg of THC-O can be quite potent, especially for those who are new to it or have a lower tolerance. It is advisable to start with a lower dose and assess your tolerance before consuming higher amounts.
In Texas, THC-O is illegal due to its classification as a synthetic cannabinoid, which falls under the state’s controlled substances regulations. Texas has specific laws that restrict or ban various synthetic cannabinoids, including THC-O.
The THCA loophole refers to the legal ambiguity surrounding THCA (tetrahydrocannabinolic acid) and its derivatives. While THCA itself is non-psychoactive, its conversion to THC through decarboxylation raises questions about legality. In 2024, some states have used this loophole to regulate THCA differently from THC.
As of now, THC-O is illegal in Tennessee. The state has included THC-O under its controlled substances regulations, making it prohibited for sale and use.
In Wisconsin, THC-O is not explicitly addressed in state law but is generally considered illegal under the state’s broader controlled substances regulations. Users should be cautious and consult local laws for the most current information.
THC-O legality varies by state. As of now, THC-O is legal in some states where it is not specifically banned or regulated, including certain states with more lenient cannabis laws. Always check local regulations for the most current status.
THC-O is illegal in Iowa. The state has regulations that restrict synthetic cannabinoids, including THC-O, under its controlled substances laws.
As of 2024, THC-O is illegal in Florida. The state has regulations that prohibit the sale and use of synthetic cannabinoids like THC-O.
No. THC-O is considered a synthetic cannabinoid under Texas law, which bans most hemp-derived synthetic THC products. Even though the 2018 Farm Bill legalized hemp at the federal level, Texas has stricter state laws that make THC-O illegal to sell, possess, or use in 2025.
The safest way to buy THC-O online is to shop from reputable brands that provide third-party lab tests for every batch. Look for companies that source their hemp from licensed U.S. growers, use transparent extraction methods, and clearly label cannabinoid contents. Always check your state laws before purchasing, as regulations vary.
THC-O typically takes 20–60 minutes to kick in and its effects can last anywhere from 3 to 6 hours, depending on your dose and personal tolerance. Some people may feel lingering effects for up to 8 hours, especially with larger doses or if they’re new to THC-O.
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