10th May 2022

Legality of THC-O, HHC, and Delta-8 THC State-by-State

Now that THC-O and HHC have graced the scene, it’s time for an update on our legality list. Our previous breakdown explained where delta-8 THC is and isn’t legal across the states.

Now, we want to add both THC-O and HHC to the mix. Where is THC-O legal? What states is HHC legal in?

We want to answer all of these questions and more in our freshly updated breakdown. Let’s look at the legality of various cannabinoids in a state-by-state comparison

Where are THC-O & HHC Legal?

Presently, THC-O, or THC-O Acetate, is legal in 38 states across the US. Likewise, it’s legal federally thanks to the 2018 Farm Bill. As it’s a derivative of hemp, THC-O is perfectly legal except where it’s specifically banned.

And the same goes for HHC. Naturally found in hemp, it’s a derivative of the legal plant. That, in turn, makes HHC federally legal. It’s also legal in states where delta-8 THC is currently legal.

As a general rule of thumb, assume states that prohibit delta-8 also plan to prohibit THC-O and HHC. However, neither of these cannabinoids is delta-9 THC, which is what the law aims to focus. Delta-9 THC, the THC abundant in marijuana, is the cannabinoid that’s still a controlled substance.

While the other cannabinoids might be intoxicating, they’re not delta-9 THC. They’re completely separate compounds! Therefore, they’re perfectly legal in states where hemp and its derivatives are legal.

THC-O Legality: State-By-State

  1. Alabama – THC-O is currently legal in this state.
  2. Alaska – THC-O might be illegal in this state.
  3. Arizona – THC-O might be illegal in this state.
  4. Arkansas – THC-O might be illegal in this state.
  5. California – THC-O is currently legal in this state.
  6. Colorado – THC-O might be illegal in this state.
  7. Connecticut – THC-O is currently legal in this state.
  8. Delaware – THC-O might be illegal in this state.
  9. Florida – THC-O is currently legal in this state.
  10. Georgia – THC-O is currently legal in this state.
  11. Hawaii – THC-O is currently legal in this state.
  12. Idaho – THC-O might be illegal in this state.
  13. Illinois – THC-O is currently legal in this state.
  14. Indiana – THC-O is currently legal in this state.
  15. Iowa – THC-O might be illegal in this state.
  16. Kansas – THC-O is currently legal in this state.
  17. Kentucky – THC-O is currently legal in this state.
  18. Louisiana – THC-O is currently legal in this state.
  19. Maine – THC-O is currently legal in this state.
  20. Maryland – THC-O is currently legal in this state.
  21. Massachusetts – THC-O is currently legal in this state.
  22. Michigan – THC-O is currently legal in this state.
  23. Minnesota – THC-O is currently legal in this state.
  24. Mississippi – THC-O might be illegal in this state.
  25. Missouri – THC-O is currently legal in this state.
  26. Montana – THC-O might be illegal in this state.
  27. Nebraska – THC-O is currently legal in this state.
  28. Nevada – THC-O is currently legal in this state.
  29. New Hampshire – THC-O is currently legal in this state.
  30. New Jersey – THC-O is currently legal in this state.
  31. New Mexico – THC-O is currently legal in this state.
  32. New York – THC-O might be illegal in this state.
  33. North Carolina – THC-O is currently legal in this state.
  34. North Dakota – THC-O is currently legal in this state.
  35. Ohio – THC-O is currently legal in this state.
  36. Oklahoma – THC-O is currently legal in this state.
  37. Oregon – THC-O is currently legal in this state.
  38. Pennsylvania – THC-O is currently legal in this state.
  39. Rhode Island – THC-O might be illegal in this state.
  40. South Carolina – THC-O is currently legal in this state.
  41. South Dakota – THC-O is currently legal in this state.
  42. Tennessee – THC-O is currently legal in this state.
  43. Texas – THC-O is currently legal in this state.
  44. Utah – THC-O might be illegal in this state.
  45. Vermont – THC-O might be illegal in this state.
  46. Virginia – THC-O is currently legal in this state.
  47. Washington – THC-O is currently legal in this state.
  48. West Virginia – THC-O is currently legal in this state.
  49. Wisconsin – THC-O is currently legal in this state.
  50. Wyoming – THC-O is currently legal in this state.

HHC Legality: State-By-State

  1. Alabama – HHC is legal in this state with no current plans to be banned.
  2. Alaska – HHC is either banned or could be banned in this state.
  3. Arizona – HHC is either banned or could be banned in this state.
  4. Arkansas – HHC is either banned or could be banned in this state.
  5. California – HHC is legal in this state with no current plans to be banned.
  6. Colorado – HHC is either banned or could be banned in this state.
  7. Connecticut – HHC is legal in this state with no current plans to be banned.
  8. Delaware – HHC is either banned or could be banned in this state.
  9. Florida – HHC is legal in this state with no current plans to be banned.
  10. Georgia – HHC is legal in this state with no current plans to be banned.
  11. Hawaii – HHC is legal in this state with no current plans to be banned.
  12. Idaho – HHC is either banned or could be banned in this state.
  13. Illinois – HHC is legal in this state with no current plans to be banned.
  14. Indiana – HHC is legal in this state with no current plans to be banned.
  15. Iowa – HHC is either banned or could be banned in this state.
  16. Kansas – HHC is legal in this state with no current plans to be banned.
  17. Kentucky – HHC is legal in this state with no current plans to be banned.
  18. Louisiana – HHC is legal in this state with no current plans to be banned.
  19. Maine – HHC is legal in this state with no current plans to be banned.
  20. Maryland – HHC is legal in this state with no current plans to be banned.
  21. Massachusetts – HHC is legal in this state with no current plans to be banned.
  22. Michigan – HHC is legal in this state with no current plans to be banned.
  23. Minnesota – HHC is legal in this state with no current plans to be banned.
  24. Mississippi – HHC is either banned or could be banned in this state.
  25. Missouri – HHC is legal in this state with no current plans to be banned.
  26. Montana – HHC is either banned or could be banned in this state.
  27. Nebraska – HHC is legal in this state with no current plans to be banned.
  28. Nevada – HHC is legal in this state with no current plans to be banned.
  29. New Hampshire – HHC is legal in this state with no current plans to be banned.
  30. New Jersey – HHC is legal in this state with no current plans to be banned.
  31. New Mexico – HHC is legal in this state with no current plans to be banned.
  32. New York – HHC is either banned or could be banned in this state.
  33. North Carolina – HHC is legal in this state with no current plans to be banned.
  34. North Dakota – HHC is legal in this state with no current plans to be banned.
  35. Ohio – HHC is legal in this state with no current plans to be banned.
  36. Oklahoma – HHC is legal in this state with no current plans to be banned.
  37. Oregon – HHC is either banned or could be banned in this state.
  38. Pennsylvania – HHC is legal in this state with no current plans to be banned.
  39. Rhode Island – HHC is either banned or could be banned in this state.
  40. South Carolina – HHC is legal in this state with no current plans to be banned.
  41. South Dakota – HHC is legal in this state with no current plans to be banned.
  42. Tennessee – HHC is legal in this state with no current plans to be banned.
  43. Texas – HHC is legal in this state with no current plans to be banned.
  44. Utah – HHC is either banned or could be banned in this state.
  45. Vermont – HHC is either banned or could be banned in this state.
  46. Virginia – HHC is legal in this state with no current plans to be banned.
  47. Washington – HHC is legal in this state with no current plans to be banned.
  48. West Virginia – HHC is legal in this state with no current plans to be banned.
  49. Wisconsin – HHC is legal in this state with no current plans to be banned.
  50. Wyoming – HHC is legal in this state with no current plans to be banned.

Do keep in mind, however, that the laws on cannabinoids are changing every day. We do our best to update this list as soon as laws change. Be sure to research the laws for your specific area to ensure you’re always staying legal and above board!

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