THCP Legality: State and Federal Laws in the US

Dr. Sheridan Walter
Dr. David Miles
Written by Dr. Sheridan Walter on 12 May 2025
Medically reviewed by Dr. David Miles on 12 May 2025

Tetrahydrocannabiphorol (THCP) is among the most talked-about emerging cannabinoids, gaining attention for its potential potency and effects. First identified in 2019, THCP has since been studied and featured in various hemp and cannabis products.

However, its legal status can be as complex as its chemistry, especially as states develop their own rules. This article provides an updated look at how THCP is regulated under federal and state laws and offers tips on staying on the right side of the law.

Key takeaways:
  • THCP is not explicitly scheduled under federal law but may fall under analog or synthetic THC rules.
  • State laws vary: some ban all THC analogs, while others permit hemp-derived cannabinoids.
  • Consumers should verify product origin, THC content, and state regulations before use.
a close up photo of a hand holding a THCP leaf with the US flag on the background

Under the 2018 Farm Bill, hemp and its derivatives are no longer classified under the Controlled Substances Act (CSA) if they contain less than 0.3% delta-9 THC, the primary psychoactive compound in cannabis.   Some stakeholders interpret THCP as legal under the 2018 Farm Bill when hemp-derived and under 0.3% delta-9-THC, but this is disputed by Drug Enforcement Administration (DEA) guidance regarding synthetically derived tetrahydrocannabinols.

The DEA explicitly considers all synthetically derived tetrahydrocannabinols, regardless of hemp origin, as Schedule I controlled substances. Since commercial THCP products typically involve chemical synthesis from CBD, making them "semi-synthetic," they could potentially fall under the DEA’s definition of illegal substances, especially if chemically altered beyond naturally occurring levels.

The DEA has not formally prosecuted cases involving THCP, but its interpretation, especially following its 2023 position on THC-O, places chemically altered cannabinoids like THCP at risk of Schedule I classification if they are not found in hemp in naturally occurring concentrations.

Furthermore, the matter is obscured by the Federal Analogue Act, which permits prosecuting substances "substantially similar" to Schedule I drugs, particularly if intended for human consumption. Due to its structural similarity and potent psychoactive effects, THCP may risk classification as an analog of delta-9 THC.

Given these complexities, THCP exists in a regulatory gray area, and its legality varies significantly across different states. People and businesses should carefully review local and state regulations, as enforcement and interpretation differ widely.

THCP legality across different states

While federal law defines hemp as cannabis with ≤0.3% delta-9 THC, states can, and often do, enact stricter rules. Many have explicitly banned or regulated THCP alongside other psychoactive cannabinoids, while others allow it under general hemp provisions.

THCP is rarely named in statutes but is typically addressed through analog laws, cannabinoid definitions, or regulatory enforcement. Because the legal status is evolving, consumers and businesses should consult up-to-date local laws before producing or possessing THCP.

THCP Legal Status by U.S. State (2025)

StateLegal status
AlabamaLegal (under injunction; gray area)
AlaskaBanned/Illegal
ArizonaBanned/Illegal
ArkansasLegal (under federal injunction)
CaliforniaLegal (regulated)
ColoradoLegal (regulated)
ConnecticutLegal (regulated)
DelawareBanned/Illegal
FloridaBanned/Illegal
GeorgiaLegal
HawaiiBanned/Illegal
IdahoBanned/Illegal
IllinoisLegal (gray area)
IndianaIllegal (per AG opinion; not tested in court)
IowaBanned/Illegal
KansasLegal (disputed)
KentuckyLegal (per court ruling)
LouisianaLegal (regulated)
MaineLegal
MarylandLegal (licensed only)
MassachusettsLegal (unclear enforcement)
MichiganLegal (regulated)
MinnesotaLegal (tightly regulated)
MississippiBanned/Illegal
MissouriLegal
MontanaBanned/Illegal
NebraskaLegal
NevadaBanned/Illegal
New HampshireLegal
New JerseyLegal
New MexicoLegal
New YorkIllegal (outside licensed dispensaries)
North CarolinaLegal
North DakotaBanned/Illegal
OhioLegal
OklahomaLegal
OregonLegal (licensed only)
PennsylvaniaLegal (currently)
Rhode IslandBanned/Illegal
South CarolinaLegal (contested)
South DakotaLegal (age-restricted)
TennesseeControlled (and typically prohibited)
TexasLegal (pending litigation)
UtahBanned/Illegal
VermontBanned/Illegal
VirginiaLegal (trace only)
WashingtonBanned/Illegal
West VirginiaLegal
WisconsinLegal
WyomingLegal

Sources: The analysis above is based on state statutes and regulations (controlled substance schedules and hemp laws), as well as official statements and legal opinions interpreting those laws. Key legal authorities include state controlled substances acts (e.g., Alabama Code §20-2-23(b)(3)(q); Delaware Code tit.16, §4714(b)(19); Georgia Code §16-13-25(3)(P) ), hemp farming acts and definitions adopted post-2018 (e.g., Illinois Industrial Hemp Act; Texas Agric. Code §122.007 ), state agency regulations (e.g., Vermont Hemp Rule §8.3 ; Washington LCB Policy Statement 21-01 ), and pertinent court rulings or attorney general opinions (e.g., Kentucky Hemp Ass’n v. Quarles injunction Feb. 2022 ; Arizona Att’y Gen. Op. I24-005 (2023) ). 

Possessing or selling THCP in states where it is banned or classified as a controlled substance can result in criminal charges similar to those for marijuana, including fines or incarceration. In states where THCP is permitted, products must comply with hemp laws (the 0.3% delta-9 THC threshold under the 2018 Farm Bill). 

If a THCP product exceeds this limit or is mislabeled, it may be reclassified as a marijuana-derived product under state or federal law, subjecting it to stricter licensing and criminal penalties.

THCP is structurally similar to delta-9 THC and may trigger a positive result on standard drug tests that detect THC metabolites. Driving under the influence of THCP is prohibited in every U.S. state, regardless of its source. In addition, many commercially available THCP products are poorly regulated and may lack accurate labeling, lab testing, or safety standards. 

These quality issues introduce uncertainty into THCP's legal status and consumer risk profile.

  • Check the source: Ensure it’s hemp-derived.
  • Confirm THC content: Must contain <0.3% delta-9 THC by dry weight.
  • Look for third-party lab testing: Products should include a Certificate of Analysis (COA).
  • Review your state’s laws: Some permit THCP; others ban it entirely.
  • Check packaging: Age restrictions and label warnings may apply if accurately labeled.

Types of products available

  • Vape cartridges: Fast onset, high potency
  • Edibles (e.g., gummies): Slower but longer-lasting
  • Tinctures: Dropper-based oral or sublingual dosing
  • Infused flower: Hemp buds sprayed with THCP distillate
  • Concentrates: Less common, but THCP can appear in wax/dab form or as an additive in cannabis concentrate products in states where that’s permitted

Globally, cannabis regulations vary widely. In some countries with progressive policies, such as Canada and certain parts of Europe, hemp-derived cannabinoids may be easier to obtain, albeit with strict labeling and testing requirements.

In more restrictive countries, any product containing compounds that mimic the psychoactive effects of THC is often considered illegal. Below are some examples to provide some context:

  • THCP and its derived substances (d8-THCP, THCP-O, etc.) are subject to Austria’s New Psychotropic Substances Act (NPSG). This means that the production and/or trade of THCP products is prohibited. Authorities may confiscate THCP products. Possession and consumption are exempt from punishment.
  • In Japan, all THC analogs are banned, including THCP. Possession can result in severe criminal charges.
  • The UK treats THC isomers and analogs, including THCP, as Class B controlled substances under the Misuse of Drugs Act, making their sale, possession, or importation illegal.

Regulators are likely to tighten laws on THCP. In the U.S., there is an active attempt to close the hemp loophole that enabled products like THCP. A pending Farm Bill amendment would federally ban intoxicating hemp-derived cannabinoids (Delta-8, THCP, etc.).  

More states are also expected to enact bans or restrictions. On the other hand, if federal cannabis policy changes (e.g., THC rescheduling), THCP might eventually be regulated similarly to cannabis products instead of being banned. Until then, the legal landscape for THCP remains complex and in flux.

FAQs

Common questions about THCP

How does THCP differ from Delta-9 THC in legal terms?

Delta-9 THC is federally scheduled as a controlled substance. THCP is not, but it may be treated as illegal if considered a synthetic or analog compound.

Does THCP show up on drug tests?

Yes. It will cause a positive test for THC metabolites.

How does the potency of THCP compare to other cannabinoids?

Early studies suggest THCP is more potent than Delta-9 THC due to stronger receptor binding.

Can I travel internationally with THCP?

No. Most countries ban THC analogs and could prosecute you for possession.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations regarding THCP and hemp-derived cannabinoids vary by state and are subject to change. Readers should consult an attorney or the appropriate state regulatory agency for legal guidance specific to their jurisdiction.

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Resources:

  1. Madan, K., Schmidt, S., Chami, R. F., Ho, R., Lewis, J. C., & Apollonio, D. E. (2024). Reported exposures to derived cannabis products in California before and after the 2018 federal reclassification of hemp. International Journal of Drug Policy, 124, 104313.
  2. Bradley Arant Boult Cummings LLP. (2023, March 2). The DEA prohibition of THCO. Bradley Law.
  3. Citti, C., Linciano, P., Russo, F., Luongo, L., Iannotta, M., Maione, S., Laganà, A., Capriotti, A. L., Forni, F., Vandelli, M. A., Gigli, G., & Cannazza, G. (2019). A novel phytocannabinoid isolated from Cannabis sativa L. with an in vivo cannabimimetic activity higher than Δ⁹-tetrahydrocannabinol: Δ⁹-tetrahydrocannabiphorol. Scientific Reports, 9(1), 20335.
  4. Alabama Code § 20-2-23 (2023). Schedule of controlled substances. FindLaw.
  5. Delaware Code tit. 16, § 4714. Schedule I controlled substances. Delaware Code Online.
  6. Georgia Code § 16-13-25. Schedule I controlled substances. FindLaw.
  7. Marijuana Policy Project (MPP). (2024). Delta-8 THC and other hemp-derived cannabinoids: What are state regulators doing?
  8. Arizona Attorney General. (2023). AG Opinion I24-005: Legal status of synthetically derived cannabinoids in Arizona.
  9. Hanfanalytik. (2023). Fact check: Tetrahydrocannabiphorol (THCP).
  10. Kaminski, K. P., Hoeng, J., Goffman, F., Schlage, W. K., & Latino, D. (2024). Opportunities, Challenges, and Scientific Progress in Hemp Crops. Molecules, 29(10), 2397.
  11. DIA Global Forum. (2025). Cannabis-derived drugs in Japan.
  12. Marijuana Moment. (2024, May 23). House committee approves Farm Bill amendment to ban most hemp-derived cannabinoid products like delta-8 THC.

Activity History - Last updated: 12 May 2025, Published date:


Reviewer

David is a seasoned Pharmacist, natural medicines expert, medical reviewer, and pastor. Earning his Doctorate from the Medical University of South Carolina, David received clinical training at several major hospital systems and has worked for various pharmacy chains over the years. His focus and passion has always been taking care of his patients by getting accurate information and thorough education to those who need it most. His motto: "Good Information = Good Outcomes".

Activity History - Medically Reviewed on 11 May 2025 and last checked on 12 May 2025

Medically reviewed by
Dr. David Miles

Dr. David Miles

PharmD

Reviewer

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