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Have you heard of THC-O? If you have not, you probably will soon. THC-O is buzzing around cannabis wellness circles because of its notable potency (300% stronger than THC!).

Although more research is needed, preliminary studies indicate that THC-O may be able to help consumers in ways similar to THC.

Due to THC-O’s similarity to THC, you may be wondering if THC-O is legal for purchase in the U.S.

Thanks to the 2018 Farm Bill, as long as your THC-O products are made from hemp containing less than 0.3% Delta 9-THC, it is fully legal to manufacture, distribute and sell in the United States. T

hat being said, states are still able to make their own rules that may ban or prohibit THC-O in your area.

THC-O: What we know so far… 

THC-O is a cannabinoid that contains psychoactive properties that are typically associated with cannabis use. It is a synthetic analog of THC.

Meaning that although THC-O is indeed a cannabinoid, it is not a naturally occurring one. It can only be produced using modern cannabis technology.

While THC-O may be a new cannabinoid to the wellness industry, its effects have actually been studied since the late 40s.

Interestingly enough, THC-O was investigated as a possible non-lethal incapacitating agent by the military between 1949 and 1975.

Preliminary studies claim that THC-O is roughly 3 times more potent than regular THC, and may be able to help treat nausea, anxiety, food aversion, and stress.

In which states is THC-O legal? 

Because THC-O is not naturally occurring in hemp, its legality is highly questionable considering the DEA’s position on synthesized cannabinoids and the Analogue Act.

This legal grey area potentially opens up all parties involved to the criminal risks associated with drug trafficking.

While it seems unlikely that the DEA will allocate resources to THC-O, it is not outside of the realm of possibility.

Concerns have also been raised about the lack of safety data or quality control testing.

The legal issue of whether THC-O-acetate is considered legal in jurisdictions where cannabis is legal is also complex and varies between jurisdictions. 

So in which states can you legally purchase THC-O?

According to, THC-O can be purchased legally in:




















New Hampshire

New Jersey

North Carolina

North Dakota

New Mexico





South Carolina

South Dakota





West Virginia



The legal cannabis landscape is constantly changing, so make sure to double-check your local laws so you do not end up in trouble.

Is THC-O legal outside of the United States? 

After the passage of the 2018 Farm Bill, which eased restrictions on the cultivation of industrial hemp, THC-O-acetate has become increasingly available as a recreational drug, initially in the USA but subsequently in other countries also. 

However, since THC-O is relatively new, it is not abundantly clear which countries have taken legislative action for or against the cannabinoid.

It is probably safe to assume that THC-O would be legal wherever THC is legal (Canada, Georgia, Malta, Mexico, South Africa, and Uruguay), but this may not always be the case.

Just as we suggested domestically, if you plan to travel internationally with THC-O, always consult local laws so you do not end up in legal hot water.

Overall, it is probably best to just leave your THC-O at home until the laws are more fleshed out. 

The Bottom Line

Since THC-O is somewhat of a newcomer to the scene, the laws are a little vague regarding its legality.

Furthermore, lack of consistent data and regulation means that some THC-O products may be floating around the market with hazardous impurities that could lead to bodily harm.

That is why you want to always purchase your products from trustworthy brands like PureKana. All PureKana products are rigorously tested for safety and reliability, so you can consume your THC-O with confidence and comfort.


‘The Secret Cannabinoid 300 Percent More Potent Than THC’ by Ab Hanna. 

‘The Farm Bill, hemp legalization and the status of CBD: An explainer’ by John Hudak. Published Friday, December 14, 2018.

‘Where Is THC-O Legal?’ by Simón Cartagena. Published August 2021. 

‘THC-O-acetate’ by Wikipedia.

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