Public policy observationFederal hemp definition changes in 88 daysAug 16, 2026

Terracotta

Hemp + Cannabis Policy, With Sources and Gaps

What can be sold, where

Hemp-derived THC product status by jurisdiction, extracted from Terracotta's reviewed state posture records. Each cell carries the authority it rests on and the date it took effect. “Not established” means the reviewed source does not address that product class in that jurisdiction — it is a gap in the research, never a finding that the product is permitted. Verify against the cited authority before acting; this is an observation record, not legal advice.

Legal 8 Restricted 6 Licensed channel only 16 Banned 19 Not established 2

Flower / THCA

51 of 51 jurisdictions

JurisdictionAlabama
StatusBanned
SinceJul 1, 2025
AuthorityHB445
What the source sayssmokable/THCA flower is a Class C felony since 7/1/25
JurisdictionAlaska
StatusLicensed channel only
SinceNot dated
AuthorityNot cited
What the source saysTHCA flower sellable only through AMCO-licensed marijuana retailers; THCA treated as controlled substance, no hemp exemption
JurisdictionArizona
StatusLicensed channel only
SinceNot dated
AuthorityAG Opinion I24-005 (2024)
What the source saysTHCA/intoxicating hemp flower is Schedule I outside the licensed marijuana program (AG Opinion I24-005, 2024); total-THC interpretation
JurisdictionArkansas
StatusLicensed channel only
SinceNot dated
AuthoritySB533 (2025); Act 629 (2023)
What the source saysSB533 (2025) 1mg total-THC/container cap eliminates THCA flower; intoxicating hemp banned outside medical dispensaries (6,000+ products seized)
JurisdictionCalifornia
StatusBanned
SinceJan 1, 2026
AuthorityAB8 (signed 10/2/25); 2024 CDPH emergency regulations
What the source saysAB8 plus 2024 DPH emergency regs ban all inhalable hemp (THCA flower/prerolls) at retail since 1/1/26
JurisdictionColorado
StatusBanned
SinceNot dated
AuthoritySB23-271
What the source saysTHCA (with d8/9/10, HHC, THCP) barred from general retail as an intoxicating cannabinoid under SB23-271 and the 2013 total-THC definition
JurisdictionConnecticut
StatusBanned
SinceNot dated
AuthorityPA24-76/PA24-115
What the source saysTHCA flower already illegal in smoke-shop retail; high-THC hemp routed into the adult-use market
JurisdictionDelaware
StatusLicensed channel only
SinceNot dated
AuthorityNot cited
What the source sayshigh-THCA flower prohibited in general retail; lawful only via licensed dispensaries
StatusBanned
SinceNot dated
AuthorityDC Code §48-902.04
What the source saysintoxicating cannabinoids default to controlled-substance status absent a statutory hemp definition; enforcement weak, large gray market
JurisdictionFlorida
StatusRestricted
SinceNot dated
AuthoritySB1698 (vetoed 6/7/24); FDACS hemp-extract rules
What the source saysTHCA flower expressly still legal at state level; governed by hemp-extract rules (<0.3% delta-9, 21+); every ban bill failed (SB1698 vetoed 6/7/24)
JurisdictionGeorgia
StatusBanned
SinceNot dated
AuthorityNot cited
What the source saysretail sale of cannabis flower or leaves prohibited regardless of total delta-9-THC concentration
JurisdictionHawaii
StatusBanned
SinceNot dated
AuthorityAct 62 (2024); DOH interim rules
What the source sayssmokable hemp / THCA flower effectively not permitted under Act 62 (2024) and DOH interim rules
JurisdictionIdaho
StatusBanned
SinceNot dated
AuthorityIdaho Code §37-2701
What the source saysZERO THC required (0.0%); THCA explicitly listed as illegal, any detectable THC is Schedule I
JurisdictionIllinois
StatusRestricted
SinceJul 2, 2026
AuthoritySB3222
What the source saysTHCA flower still legal at general retail; SB3222 imposes an immediate 21+ age gate and moves intoxicating hemp to dispensary-only ~Nov 2026
JurisdictionIndiana
StatusBanned
SinceNot dated
AuthorityIC 35-48-1-26.6
What the source sayssmokable hemp including THCA flower and prerolls is banned; Class A misdemeanor
JurisdictionIowa
StatusBanned
SinceJul 1, 2024
AuthorityHF2605
What the source sayssmokable/inhalable hemp including THCA flower banned; total-THC formula
JurisdictionKansas
StatusBanned
SinceNot dated
AuthorityAG Opinion 2021-4
What the source sayssmokable and loose flower formats banned and a strict total-THC standard including THCA (<=0.3%) applies, so THCA flower cannot legally be sold
JurisdictionKentucky
StatusBanned
SinceNot dated
Authority302 KAR 50:070
What the source sayswhole or ground hemp buds and floral or leaf material may not be marketed to the general public
JurisdictionLouisiana
StatusBanned
SinceJan 1, 2025
AuthorityAct 752 (HB952)
What the source saysALL inhalable consumable hemp banned at retail including smokable flower; THCA flower unsellable
JurisdictionMaine
StatusRestricted
SinceJun 25, 2025
AuthorityPL2025 c.416
What the source saysTHCA flower legal raw and sellable 21+; PL2025 c.416 requires child-resistant packaging for potentially intoxicating cannabinoids
JurisdictionMaryland
StatusLicensed channel only
SinceNot dated
AuthorityCannabis Reform Act (2023)
What the source saysTHCA flower illegal outside MCA-licensed dispensaries; enforcement fully active statewide
JurisdictionMassachusetts
StatusLegal
SinceNot dated
AuthorityNot cited
What the source saysno standalone THCA ban; naturally-occurring THCA flower <0.3% delta-9 has no specific prohibition and moves in-market — described as a genuine gray area
JurisdictionMichigan
StatusLicensed channel only
SinceNot dated
AuthorityPA 56 (2021)
What the source saysintoxicating hemp treated as marijuana; THCA/d8/d9/d10 sellable only through CRA-licensed dispensaries, METRC-tracked; unlicensed sale prohibited and product seized
JurisdictionMinnesota
StatusLicensed channel only
SinceNot dated
AuthorityOCM post-decarb total-THC standard
What the source saysTHCA flower illegal at hemp retail under OCM post-decarboxylation total-THC testing; flower >0.3% total THC is cannabis, sellable only through the licensed cannabis channel
JurisdictionMississippi
StatusBanned
SinceNot dated
AuthorityAG Opinion 2025-00219; HB1547
What the source saysTHCA/d8/d9/d10 have no legal OTC channel; intoxicating hemp effectively banned at general retail
JurisdictionMissouri
StatusLegal
SinceNot dated
AuthorityHB2641 / RSMo 195.900
What the source saysTHCA flower legal at retail now; HB2641 (RSMo 195.900) bans intoxicating hemp eff 11/12/26
JurisdictionMontana
StatusLicensed channel only
SinceNot dated
AuthoritySB375; HB49
What the source saysTHCA/d8/9/10 treated as marijuana, dispensary-only; retail sale of consumable hemp with detectable d9 prohibited
JurisdictionNebraska
StatusLegal
SinceNot dated
AuthorityLB316 (withdrawn 5/30/25)
What the source saysno enacted statutory ban — THCA remains legal now (LB316 ban withdrawn 5/30/25); AG Hilgers enforcement (204 stores sent cease-and-desist) is the real threat
JurisdictionNevada
StatusLicensed channel only
SinceOct 1, 2025
AuthoritySB356 (eff 10/1/25)
What the source saysintoxicating hemp banned from general retail; THCA/d8/d9/d10 confined to CCB-licensed dispensaries; consumable hemp outside dispensaries limited to CBD/CBG only
JurisdictionNew Hampshire
StatusNot established
SinceNot dated
AuthorityNot cited
Why this is not establishedSB624 (passed legislature 7/9/26, not confirmed signed as of 7/22/26) would remove THCA flower from the hemp definition effective 1/1/27; current status of THCA flower not stated
JurisdictionNew Jersey
StatusLicensed channel only
SinceApr 13, 2026
AuthorityS4509 (P.L.2025 c.215)
What the source sayshemp redefined by total-THC; THCA/d8/d9/d10/HHC reclassified as cannabis and dispensary-only (reclass effective 4/13/26)
JurisdictionNew Mexico
StatusRestricted
SinceNot dated
AuthorityNot cited
What the source sayspost-harvest rule caps hemp finished products at 0.3% TOTAL THC, 2 mg total THC per serving and 20 mg per package (with specified exceptions); semi-synthetic/synthetic cannabinoids may not be received, manufactured, marketed or sold except a narrow listed group meeting purity requirements; flower not separately named — the cap is on total THC, not delta-9 alone
JurisdictionNew York
StatusBanned
SinceNot dated
AuthorityOCM/DOH Cannabinoid Hemp Program
What the source saysintoxicating hemp flower including high-THCA is prohibited; intoxicating THCA is treated as cannabis
JurisdictionNorth Carolina
StatusLegal
SinceNot dated
AuthorityHB328 (not yet enacted)
What the source saysas of 7/22/26 THCA flower still broadly legal at retail with no statewide age gate; HB328 not yet law (Senate adopted conference report 37-6 on 7/2/26, House vote expected ~wk of 7/27/26)
JurisdictionNorth Dakota
StatusLicensed channel only
SinceNot dated
AuthorityHB1045 (2021)
What the source sayshemp-derived intoxicating cannabinoids (THCA, d8/d10, HHC, THCP/THCB) not lawful at hemp retail, medical-program only; hemp capped at 0.3% total THC dry weight
JurisdictionOhio
StatusLicensed channel only
SinceMar 20, 2026
AuthoritySB56
What the source saysSB56 reclassified d8/9/10/THCA as marijuana and barred sale outside licensed dispensaries (effective ~3/20/26)
JurisdictionOklahoma
StatusLegal
SinceNot dated
AuthoritySB1033 (2021)
What the source saysTHCA flower legal if total-THC is 0.3% or less dry weight; no statutory state ban
JurisdictionOregon
StatusLicensed channel only
SinceNot dated
AuthorityHB3000 (2021) / ORS 475C
What the source sayshigh-THCA flower is OLCC dispensary-only; retail sale outside the licensed system prohibited under HB3000/ORS 475C
JurisdictionPennsylvania
StatusLegal
SinceNot dated
Authority3 Pa.C.S.A. §701; SB49 (rejected)
What the source saysTHCA flower legal and essentially unregulated at retail under the 2018 Farm Bill <0.3% d9 alignment; SB49 ban rejected 6/11/26
JurisdictionRhode Island
StatusLicensed channel only
SinceNot dated
AuthorityHemp Growth Act (2019)
What the source sayshigh-THCA flower is dispensary-only; intoxicating hemp banned at retail under a total-THC standard that counts THCA
JurisdictionSouth Carolina
StatusLegal
SinceNot dated
AuthoritySC Hemp Farming Act; 2021 SC AG opinion
What the source saysTHCA flower remains legal on shelves under the 0.3% delta-9 dry-weight standard (THCA loophole open); 2021 AG opinion argues total-THC intent so enforcement is inconsistent
JurisdictionSouth Dakota
StatusBanned
SinceNot dated
AuthorityHB1125
What the source sayspost-decarboxylation 0.3% total-THC standard makes THCA flower effectively illegal/high-risk; AG Jackley enforcing, sweeps began 7/14/25
JurisdictionTennessee
StatusNot established
SinceNot dated
AuthorityNot cited
Why this is not establishedthe legacy TDA safe harbor that allowed sale of existing high-THCA flower expired 6/30/26 and all sellers are now under stricter TABC three-tier rules; the prose does not state whether high-THCA flower remains sellable
JurisdictionTexas
StatusRestricted
SinceNot dated
AuthorityTex. DSHS; Texas Supreme Court; lower-court injunction
What the source saysin-state processing/manufacturing of consumable hemp products for SMOKING is prohibited (upheld by the Texas Supreme Court), while DSHS says a lower-court injunction continues to allow their distribution and retail sale; consumable hemp products remain subject to the 0.3% delta-9-THC dry-weight limit and 21+ sales rules
JurisdictionUtah
StatusBanned
SinceMay 7, 2025
AuthorityHB54 (2025), eff 5/7/25
What the source sayssmokable hemp including THCA flower banned; intoxicating THCA confined to the medical program
JurisdictionVermont
StatusLicensed channel only
SinceNot dated
Authority7 V.S.A. §868; CCB Rule 2.17
What the source saysTHCA flower is dispensary-only; intoxicating hemp banned from retail under a total-THC standard (0.877 formula, 0.3% ceiling)
JurisdictionVirginia
StatusBanned
SinceJul 1, 2023
AuthoritySB903 (eff 7/1/23)
What the source saysintoxicating hemp effectively banned; total-THC formula (0.877) <=0.3% captures THCA flower; VDACS enforcement with penalties up to $10K/day
JurisdictionWashington
StatusLicensed channel only
SinceJul 23, 2023
AuthoritySB5367
What the source saysSB5367 redefines THC concentration to include ALL THC; THCA flower is cannabis, sellable only at WSLCB-licensed retailers
JurisdictionWest Virginia
StatusRestricted
SinceNot dated
AuthoritySB546
What the source saysTHCA is NOT independently banned and WV still uses a delta-9-only test, so THCA flower currently passes state law; compliant hemp d9 openly sold 21+
JurisdictionWisconsin
StatusLegal
SinceNot dated
AuthorityNot cited
What the source saysTHCA flower lawful under the delta-9-only <=0.3% test; no state cap or reclassification
JurisdictionWyoming
StatusBanned
SinceJul 1, 2024
AuthoritySF32 / Enrolled Act 24, eff 7/1/24
What the source sayssale/possession of THCA flower prohibited; THCA loophole closed by post-decarb total-THC testing