Is THCO Legal?

Against a dark background, two hands light a joint of THCO


Is THCO legal federally?


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THCO Legality

On the bustling scene of hemp derivatives, it's easy to get confused about which ones are legal. We've written about Delta 10 legality at length, but what about THCO?

Luckily, THCO, along with HHC, tends to follow the same legal guidelines as Delta 10 THC.

What is THCO?

THCO, or THC-O-Acetate, is the acetate ester of THC. The process to extract and convert THCO is intricate and dangerous (in a "leave this one to the experts" way). Effects wise, THCO is much more potent than delta-9 THC, and tops the charts in strength and effectiveness. We've written a comprehensive guide on What is THCO, so read up there to get more info!

Is THCO actually legal?

On the federal level, all derivatives, isomers, and cannabinoids in hemp are legal under the 2018 Farm Bill as long as the product for sale contains less than 0.3% of Delta-9 THC. THCO made by DXHALE falls under that guideline!

Is THCO Legal Everywhere?

With hemp products, State laws always come before Federal laws. However, but legal THCO is specifically legal under many state laws. Scroll down to see the list if states in "IS DELTA-10 LEGAL IN YOUR STATE?" This is an excellent resource to point you in the right direction towards your state laws on THCO. Of course, laws about THCO differ from laws about Delta 10. Remember to read your state laws carefully before purchasing and consuming.

A man stands in profile against neutral background. He is lit with pink and blue low lighting. He is exhaling smoke from a vape.


(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Top Selling THCO Products

THCO under the Federal Analogue Act

The Federal Analogue Act is another piece of legislation that deals with controlled substances. Hemp consumers often wonder if the Federal Analogue act affects whether THCO and other hemp derivatives are legal under federal law. You can find the Federal Analogue Act under the larger Controlled Substances Act. There, it does mention hemp derived THC products.

Luckily, the 2018 Farm Bill also addressed the Controlled Substanes Act. The farm bill included an amendment to the Controlled Substances Act that specifically includes an exemption for all THC from hemp. The amendment text is below.


(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and inserting the following:

‘‘(B) The term ‘marihuana’ does not include

‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection

(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.