THCP Legality: State and Federal Laws in the US

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]

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]}

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.

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.