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.
- 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.

Federal status: Is THCP legal in the United States?
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. [1] 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. [2] 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. [2]
Legal risks and state regulations
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. [3]
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) [4][5][6][7][8]
State | Legal status |
---|---|
Alabama | Legal (under injunction; gray area) |
Alaska | Banned/Illegal |
Arizona | Banned/Illegal |
Arkansas | Legal (under federal injunction) |
California | Legal (regulated) |
Colorado | Legal (regulated) |
Connecticut | Legal (regulated) |
Delaware | Banned/Illegal |
Florida | Banned/Illegal |
Georgia | Legal |
Hawaii | Banned/Illegal |
Idaho | Banned/Illegal |
Illinois | Legal (gray area) |
Indiana | Illegal (per AG opinion; not tested in court) |
Iowa | Banned/Illegal |
Kansas | Legal (disputed) |
Kentucky | Legal (per court ruling) |
Louisiana | Legal (regulated) |
Maine | Legal |
Maryland | Legal (licensed only) |
Massachusetts | Legal (unclear enforcement) |
Michigan | Legal (regulated) |
Minnesota | Legal (tightly regulated) |
Mississippi | Banned/Illegal |
Missouri | Legal |
Montana | Banned/Illegal |
Nebraska | Legal |
Nevada | Banned/Illegal |
New Hampshire | Legal |
New Jersey | Legal |
New Mexico | Legal |
New York | Illegal (outside licensed dispensaries) |
North Carolina | Legal |
North Dakota | Banned/Illegal |
Ohio | Legal |
Oklahoma | Legal |
Oregon | Legal (licensed only) |
Pennsylvania | Legal (currently) |
Rhode Island | Banned/Illegal |
South Carolina | Legal (contested) |
South Dakota | Legal (age-restricted) |
Tennessee | Controlled (and typically prohibited) |
Texas | Legal (pending litigation) |
Utah | Banned/Illegal |
Vermont | Banned/Illegal |
Virginia | Legal (trace only) |
Washington | Banned/Illegal |
West Virginia | Legal |
Wisconsin | Legal |
Wyoming | Legal |
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); [4] Delaware Code tit.16, §4714(b)(19); [5] Georgia Code §16-13-25(3)(P) [6]), hemp farming acts and definitions adopted post-2018 (e.g., Illinois Industrial Hemp Act; [7] Texas Agric. Code §122.007 [7]), state agency regulations (e.g., Vermont Hemp Rule §8.3 [7]; Washington LCB Policy Statement 21-01 [7]), and pertinent court rulings or attorney general opinions (e.g., Kentucky Hemp Ass’n v. Quarles injunction Feb. 2022 [7]; Arizona Att’y Gen. Op. I24-005 (2023) [8]).
Legal risks and considerations
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. [7]
THCP is structurally similar to delta-9 THC and may trigger a positive result on standard drug tests that detect THC metabolites. [9] 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.
How to check if your THCP product is legal
- 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
International legal perspectives
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. [10]
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. [9]
- In Japan, all THC analogs are banned, including THCP. Possession can result in severe criminal charges. [11]
- 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.
Future outlook and legal developments
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.). [12]
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.