May 12, 2023

Jeff Johnson

Cannabis, THCV Articles

THCV: Where is it Legal? State-by-State List

THCV is a unique cannabinoid with some complicated legal regulations. Like most cannabinoids in the US, the laws surrounding THCV are quite confusing, leaving people in the dark about what’s legal and what’s not.

Today, we’re covering the legality of THCV, both state and federal, to let you know where you can use this beneficial yet rare cannabinoid. 

Table of Contents:

• Key Takeaways
• What is THCV?
• Is THCV Federally Legal?
• Is THCV Legal in All 50 States?
• The FDA’s Role in THCV
• The DEA and Hemp Companies
• Can THCV Result in a Failed Drug Test?
• How THCV Products Are Made
• Various Forms of THCV Products
• Where to Buy THCV Legally in Your State
• Guide for Using THCV Legally
• Buying the Best THCV On the Market

Key Takeaways

• Legality of THCV: THCV is federally legal in the United States under the 2018 Farm Bill, which allows hemp-derived products containing less than 0.3% THC. However, state laws vary, and THCV is not legal in all states.
• Federal vs. State Regulations: Even though THCV is federally legal, individual states have the autonomy to regulate cannabinoids differently. This results in THCV being illegal in several states, despite federal legality.
• Availability and Purchase: THCV products can be purchased legally in states where it is permitted, both online and in physical stores. Always check the product’s compliance with federal guidelines and state laws before purchasing.
• Usage and Drug Tests: Care should be taken when using THCV if you are subject to drug testing. THCV can be metabolized into THC-COOH, a compound tested for in drug screenings, potentially resulting in a positive test for cannabis.

What is THCV? 

Before we talk about the legality of THCV, let’s discuss what this cannabinoid is in the first place.

Tetrahydrocannabivarin is one of the many compounds found in hemp plants. THCV is a minor cannabinoid, so it appears only in small amounts within the plant, making it a bit rare. However, cultivators have learned how to crossbreed strains to create flowers with higher amounts of THCV than usual.

The psychoactive properties of THCV are derived from THC. However, the cannabinoid isn’t going to present any intoxicating effects when used in small amounts. Using a large amount of it will get you high instead. Thus, most people enjoy the cannabinoid purely because of its supportive effects.

You can use THCV in various ways, as it’s available in all sorts of product types. However, as we will discuss, the THCV cannabinoid isn’t legal in every state across the country, so you may not be able to find certain products where you live—it all comes down to legality. 

Related Article: What Is THCV?

Is THCV Federally Legal?  

THCV is currently legal in the United States thanks to the 2018 Farm Bill.

The 2018 Farm Bill legalized THCV and other cannabinoids. The bill states that hemp and hemp-derived products containing less than 0.3% THC are legal to produce, sell, and possess. This means that hemp-derived THCV products with 0.3% THC or less are federally legal across the US.

Because THCV is federally legal, you’ll be able to find THCV products online and have them sent to your house (as long as you live in a state where it’s legal). This makes it easy for users who may not have easy access to places that sell cannabinoid products, as you only have to wait a few days for your THCV products to arrive.

Unfortunately, just because THCV is federally legal doesn’t mean that THCV is legal in every state. In the US, states have the right to regulate their own laws, even if they differ from those of the federal government. Because of this, THCV may not be legal where you live. 

Is THCV Legal in All 50 States? 

As much as we wish THCV was legal in all 50 states, it is not. While it is legal in most places, there are several places across the state that don’t permit THCV or THCV products, so you won’t be able to buy or use your favorite cannabinoid there.

In case you’re curious, here are the states where THCV is currently illegal:

• Alaska
• Arizona 
• Arkansas
• Colorado
• Delaware
• Idaho 
• Iowa
• Mississippi
• Montana
• New York
• Rhode Island
• Utah
• Vermont

Sadly, if you reside in any of those states, you will not be able to get your hands on THCV products. They will not be available at your local shops, and online retailers cannot and will not ship to your state. If they let you make a purchase, then there is a high chance that you won’t end up getting your product, as it can easily get intercepted in the mail.

Suppose you want to buy and use THCV legally. In that case, you have to live in Alabama, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, or Wyoming.

The regulation of cannabinoids changes frequently, so it’s important to keep a close eye on the legality of compounds in your area. If you aren’t sure whether or not a certain cannabinoid is legal, it is worth doing research to ensure that you’re staying on the right side of the law.

Thankfully, THCV is legal in most states, so many residents won’t have much issue getting ahold of this unique compound. However, if you live in one of the 13 states that currently prohibit THCV, you will have to travel elsewhere to enjoy it. (Just make sure you don’t take any back with you—that would also be illegal.) 

Related Article: THCV: Where is it Legal? State-by-State List

The FDA’s Role in THCV 

As it stands, the FDA hasn’t had much of a role involving THCV. Again, the cannabinoid is federally legal under the 2018 Farm Bill, but the FDA hasn’t come out with clear statements regarding their stance on the cannabinoid. Like many compounds in the cannabis plant, THCV is currently unregulated and not FDA-approved.

The only FDA-approved medication involving cannabinoids contains CBD, and it is a medicine designed for those with intractable epilepsy. Other than that, there are no other FDA-approved substances that contain cannabinoids, unfortunately.

While the FDA hasn’t talked much about THCV, it’s played a prominent role in the regulation of other cannabinoids. It’s worth noting that the FDA has issued warning letters to companies that have marketed CBD products with substantiated health benefits, claiming that the product will help various complications that don’t have any support.

In general, though, the FDA’s role involving cannabinoids has primarily been focused on ensuring products marketed for usage are quality and pure. However, as we stated, the FDA hasn’t recognized THCV’s benefits, so you have to use it with caution, knowing your products are not FDA-approved. 

The DEA and Hemp Companies

The DEA and hemp companies have had a bit of a complex, rocky history, but things are evolving. A few years ago, Congress passed the 2018 Farm Bill: a piece of legislation that not only legalized hemp but removed it from the US’s list of controlled substances. This opened up a world of opportunity, and hemp companies didn’t have to operate under the close scrutiny of the DEA any longer.

However, the passing of the 2018 Farm Bill has brought a lot of legal confusion as well as the emergence of synthetic cannabinoids. Thus, there have been various areas of tension between the DEA and hemp companies, especially as the DEA continues to regulate various hemp and CBD products. Just recently, in fact, the DEA came out to say that THC-O and THC-O products are illegal controlled substances. This announcement means that hemp companies are going to have to start pulling THC-O products from shelves unless they want to deal with legal repercussions.

It is decisions like these that keep the DEA and hemp companies in slight contention, even these days. However, as a whole, the relationship between the two is improving. After all, the DEA has flat-out stated that hemp is not a controlled substance, and the agency no longer actively pursues enforcement actions against hemp companies. The Farm Bill even outlined regulatory guidelines for hemp cultivation and production, and this has served to clarify hemp legality and reduce potential confusion overall.

As time goes on, we can hope that the relationship between the DEA and hemp companies continues to improve, especially as the cannabis landscape continues to evolve. 

Can THCV Result in a Failed Drug Test?

If you’re someone who is frequently subjected to drug tests, then you’ll want to stay away from THCV. THCV can make you fail your drug test.

When you use THCV, it breaks down in the body into a metabolite called THC-COOH. This metabolite hangs out in the body even after the effects of the cannabinoid go away. As a THC derivative, THC-COOH is also the metabolite that delta-9 THC leaves behind.

Because of this, drug tests search for levels of THC-COOH in the body. The tests aren’t looking for specific cannabinoids like delta-9 THC, because this isn’t how they present themselves once used. Instead, the test wants to detect THC-COOH. So, if you have this metabolite in your body, you will fail and test positive for cannabis, despite not actually having marijuana.

Depending on why you take drug tests and who is analyzing the results, you may be able to explain that you’re using a federally legal substance that’s non-psychoactive in low to moderate doses, and that’s why you failed. There is, however, no guarantee that this will affect the outcome of your positive drug test.

Because of this, if you have a drug test coming up in the future, you want to make sure to avoid THCV and any THC cannabinoids if you want to pass. Using THCV will mean that the test will pick up the THC metabolite and make you fail, so it’s important to stick to non-THC cannabinoids for the time being instead. Broad-spectrum, CBD isolate, or CBG products can be a good option if you’re seeking certain effects but don’t want to worry about failing a drug test.  

Related Article: Will THCv Make You Fail a Drug Test?

How THCV Products Are Made

The way that THCV products are made depends wholly on the type of product you have. Below, we’ll break down a few of the most popular THCV products and how professionals curate them, starting with THCV flower.

As we’ve explained, THCV is a cannabinoid that’s present naturally in the cannabis plant family; however, its levels are quite low normally. But, thanks to careful cultivation and cross-breeding, hemp farmers have found ways to grow strains that are rich in THCV. With this, they are able to grow high-THCV strains and harvest the plants to create buds. Cultivators will use this type of flower to roll THCV joints, as well.

If you have some THCV gummies, though, the curation process here is very different. In order to make edibles like THCV gummies, extractors have to first extract THCV from the hemp plant itself. Once they’ve extracted it using the technique that they desire (there are many to choose from), then the professionals will craft the gummy as usual, infusing it with the THCV extract along the way.

For products like THCV distillates, this is essentially just extracted and distilled THCV oil. Distillate is made through a—you guessed it — distillation process similar to the way you would distill alcohol. They extract the cannabinoid oil and heat it up just enough to vaporize the product. Then, they collect the vapor, condense it, and turn it into the distillate you know and love.

The production of THCV products requires a sophisticated process that ought to only be carried out by experts in a lab setting. You cannot make these products without proper equipment, and this equipment is best handled by professionals like us here at ATLRx.  

Various Forms of THCV Products

You can find THCV products in all sorts of forms, depending on what most appeals to you. We’ll give you a quick rundown on each of the most popular types of THCV products and how to enjoy them.

If you’re interested in having a long-lasting—and delicious—THCV experience, then THCV gummies are the way to go. These gummies smell like your typical fruits, only they’ve been packed with high amounts of THCV extract. With any edible, you will use the product and then have to wait anywhere from an hour to two for the effects to fully kick in. But once they do, they will last for hours on end.

For those interested in more rapid effects, burning some THCV flower is a great choice. THCV flower is just like regular hemp flower, only it contains high levels of THCV. If you’re searching for THCV-rich strains, your best bet is to find some African sativas, as they tend to have the highest percentages. Along with THCV flower, you can also find THCV pre-rolls if you prefer the ease of a joint.

THCV isolate and THCV distillate are great options for DIY users. You can use these products to add to your favorite recipes, enhancing your dish tenfold. Or, if you enjoy dabbing, vaping, or smoking, you can add some distillate to your flower or into your dab rig or refillable vape to enjoy the concentrate that way. You can even add a few doses to your favorite lotion if you want to curate your own THCV topical.

Today, THCV products are even more widely available. From THCV oils to THCV balms and salves, there’s something for everyone. 

Where to Buy THCV Legally in Your State

If you live in one of the states where THCV is legal, then you can find THCV at a couple of different places.

If you want to buy your THCV in person, you can check out your local smoke shops and health and wellness stores. Dispensaries may also carry THCV products. When you purchase products from these locations, make sure to view the COA before purchasing. A reputable brand will have  a scannable QR code on the box or packaging; if it doesn’t, don’t buy from that brand.

However, an even easier way to buy THCV legally in your state is to buy some online. There are various online retailers, including ATLRx, that sell high-quality THCV products at affordable prices. When you buy these products online, you have to wait just a few business days for the product to show up at your door, but it makes shopping more accessible than ever. Plus, you don’t have to travel around town looking for places that sell the products you’re looking for.

If you want to buy THCV online and live in a legal state, ATLRx and our inventory have the products for you—and we’ll ship them right to you, too.  

Guide for Using THCV Legally

All in all, before you buy a THCV product, it’s crucial to first research the laws regarding cannabinoids in your area. If you know what’s legal and what’s not, you don’t have to worry about accidentally ending up on the wrong side of the law.

If you find a brand that sells THCV, make sure that it adheres to federal guidelines. You can do this by checking the products’ COAs, as well as by reading customer reviews and any potential BBB complaints that the company may have. If you don’t find anything that suggests they go against federal law, you can make a purchase with confidence. 

Buying the Best THCV On the Market

If you’re ready to buy some of the best THCV products on the market, then it’s time to head to ATLRx. ATLRx has a great selection of high-quality, potent, and affordable THCV products that users of all backgrounds and experience levels will love.

Our products always abide by the 2018 Farm Bill, and we only ship to states where THCV is legal. Plus, you have 24/7 access to our third-party lab test results to see exactly what’s inside our products—and what’s not. All of this can help you breathe a sigh of relief and checkout totally worry-free.

So, the next time you’re ready to try THCV and you live in a legal state, make a purchase through ATLRx and enjoy the beauty of this rare cannabinoid.