Is It Legal to Grow THCA Flower? (State by State)
THCA flower is one of the craftiest byproducts to come out of the 2018 Farm Bill: if cannabis bud tests at less than 0.3% Delta 9 THC by dry weight, it’s legally compliant.
But interestingly enough, while your typical dispensary cannabis bud exceeds that threshold once total THC is considered, the actual THC present in raw flower is usually minimal. In its fresh state, THCA is more abundant than THC until heat converts it into psychoactive Delta-9 THC.
THCA is just Delta 9 THC’s chemical precursor. It’s not an entirely new compound exclusive to hemp, and THCA flower isn’t all that different from regular bud.
The cultivation question gets trickier than simple possession and purchase, as well. Growing THCA flower exists in a legal gray area that varies from state to state. And honestly, the landscape shifts so often that what’s true today might not be true in a couple of months.
While the federal framework provides some clarity, state laws override that entirely. Here’s what to know about growing THCA hemp flower (as of September 2025).
🔑 Key Takeaways
- Federal law allows growing hemp, but cultivating THCA-rich flower can be tricky since testing protocols calculate total THC (Delta 9 + converted THCA).
- State laws supersede federal guidance, so always verify your local laws regarding the commercial or home cultivation of THCA flower.
- Whether you’re growing for personal use, commercial production, or research, compliance rules differ, and licensing is often mandatory.
Federal Laws on Growing THCA Flower
At the federal level, high-THCA flower occupies a unique position—one that’s in potential flux, given the ongoing legislative discussion around hemp regulation.
Hemp cultivation is legal under the 2018 Farm Bill, assuming the final product contains less than 0.3% Delta 9 THC by dry weight. Since THCA isn’t Delta 9 THC in cannabis’ raw form (at least not yet), it falls under hemp regulations when meeting this threshold. THCA, as a cannabinoid, isn’t classified as a controlled substance under the Controlled Substances Act.
If you’re not familiar with what THCA flower is, check out our full guide “What Is THCA Flower? New Facts You Shouldn’t Miss”
The challenge comes with federal testing protocols, which rely on “total THC” calculations. Labs must include THCA converted into its potential Delta 9 THC equivalent using the 0.877 factor. That means even if a flower tests way below the 0.3% Delta 9 THC threshold (and appears compliant under the Farm Bill), it can still exceed federal limits once THCA is factored into the total.
Here’s an example.
Let’s say a cannabis flower tests at 0.20% Delta-9 THC and 0.30% THCA by dry weight. The flower appears compliant at first because the Delta 9 percentage is significantly below the 0.3% legal threshold.
Now, if we apply the math of “total THC” using the 0.877 factor, here’s what the new THC total calculation would look like.
Total THC = Delta 9 + (THCA×0.877)
Or
0.4631 (Total THC) = 0.20 + (0.30×0.877)
So, how does this connect with the federal legal status of growing THCA flower?
Hemp cultivation requires proper licensing through state or USDA programs and regular compliance testing. The biggest hurdle for THCA growers is that crops testing above 0.3% total THC can’t enter the market.
Depending on the jurisdiction, they must either be remediated or destroyed under regulatory supervision, an outcome that’s far more common with THCA-rich flower than with traditional industrial hemp.
Understanding the Total THC Law
Here’s where THCA cultivation gets scientifically and legally complex. The “total THC” calculation can make or break your legal compliance.
Due to differences in molecular weight, THCA doesn’t convert into an equal amount of Delta 9 THC when heated. Delta 9 THC weighs only about 87.7% as much as its acidic form, which is why the math looks like this:
Total THC = Delta 9 THC + (THCA × 0.877)
That 0.877 factor represents the molecular weight difference between THCA and THC after decarboxylation. To calculate a batch’s total THC, you take its current Delta 9 THC content and combine that with its converted THCA content—that’s how much Delta 9 THC is actually in the flower once it’s been heated.
Say your bud is testing at 1% Delta 9 THC (above the legal limit for hemp, but acceptable for marijuana) and 17% THCA. Its total THC content isn’t 18%. You multiply 17 by 0.877, which equals 14.9, then add that to the existing 1% Delta 9 THC. The bud’s total THC is actually 15.9%.
State-by-State Laws on Growing THCA Flower
And here’s the heart of the matter: if at-home cannabis cultivation isn’t legal in your state, you don’t want to be caught growing THCA flower. Not only will it be challenging to keep your bud beneath the legal THC limit as an everyday user (not a seasoned grower), but you’ll also need a license just to grow industrial hemp, even if it’s low-THCA, high-CBD.
That said, here’s a state-by-state breakdown of whether home-growing and commercial cultivation of THCA flower is allowed per state, along with the key requirements per jurisdiction.
| State | Home Growing Allowed (Personal Use) | Commercial Growing Allowed (Licensed)? | Requirements and Conditions |
|---|---|---|---|
| Alabama | No | No | All cannabis cultivation prohibited |
| Alaska | Yes (Recreational & Medical) | Yes | Up to 6 plants per adult 21+ (max 12 per household), no more than 3 mature plants per person |
| Arizona | Yes (Recreational & Medical) | Yes | Up to 6 plants per residence for adults 21+; medical patients may grow more if recommended by a physician |
| Arkansas | No | Yes (Medical only) | Home cultivation not allowed |
| California | Yes (Recreational & Medical) | Yes | Up to 6 plants per residence for adults 21+; medical patients may grow more if recommended by physician |
| Colorado | Yes (Recreational & Medical) | Yes | Up to 6 plants per adult 21+, no more than 3 mature; maximum 12 plants per residence |
| Connecticut | Yes (Recreational & Medical) | Yes | Up to 6 plants (3 mature, 3 immature) per person 21+, maximum 12 per household |
| Delaware | No | Yes | Home cultivation not permitted despite legal recreational cannabis |
| Florida | No | Yes (Medical only) | Home cultivation not allowed |
| Georgia | No | Limited (Medical) | Only low-THC oil permitted; home cultivation prohibited |
| Hawaii | Yes (Medical only) | Yes (Medical only) | Medical patients may grow up to 10 plants |
| Idaho | No | No | All cannabis cultivation prohibited |
| Illinois | Yes (Medical only) | Yes (Medical only) | Only medical patients may grow up to 5 plants; recreational home cultivation prohibited |
| Indiana | No | No | All cannabis cultivation prohibited |
| Iowa | No | Limited (CBD only) | Only CBD permitted; home cultivation prohibited |
| Kansas | No | No | All cannabis cultivation prohibited |
| Kentucky | No | Yes (Medical only) | Medical legal but home cultivation not allowed |
| Louisiana | No | Yes (Medical only) | Medical legal but home cultivation not allowed |
| Maine | Yes (Recreational & Medical) | Yes | Adults 21+ may grow up to 3 mature plants; medical patients up to 6 mature plants |
| Maryland | Yes (Recreational & Medical) | Yes | Adults 21+ may grow up to 2 plants per household; medical patients up to 4 plants per household |
| Massachusetts | Yes (Recreational & Medical) | Yes | Up to 6 plants per adult 21+, maximum 12 plants per household |
| Michigan | Yes (Recreational & Medical) | Yes | Up to 12 plants per household for adults 21+ |
| Minnesota | Yes (Recreational & Medical) | Yes | Up to 8 plants per adult 21+, no more than 4 mature plants |
| Mississippi | No | Yes (Medical only) | Medical legal but home cultivation not allowed |
| Missouri | Yes (Recreational & Medical) | Yes | Up to 6 flowering plants, 6 non-flowering plants, 6 clones; personal cultivation card required |
| Montana | Yes (Recreational & Medical) | Yes | Up to 2 mature plants 2 seedlings for adults 21+; medical patients up to 4 mature and 4 seedlings |
| Nebraska | No | No | All cannabis cultivation prohibited |
| Nevada | Yes (Conditional) | Yes | Up to 6 plants per person, max 12 per household, only if living more than 25 miles from dispensary |
| New Hampshire | No | Yes (Medical only) | Medical legal but home cultivation not allowed |
| New Jersey | No | Yes | Home cultivation prohibited despite legal recreational cannabis |
| New Mexico | Yes (Recreational & Medical) | Yes | Up to 6 mature and 6 immature plants per adult 21+, max 12 mature per household |
| North Carolina | No | No | All cannabis cultivation prohibited |
| North Dakota | Medical only (Conditional) | Yes (Medical only) | Medical patients may grow up to 8 plants if living more than 40 miles from dispensary |
| New York | Yes (Recreational & Medical) | Yes | Up to 6 plants (3 mature, 3 immature) per person 21+, max 12 per household |
| Ohio | Yes (Recreational & Medical) | Yes | Up to 6 plants per adult 21+, maximum 12 plantts per household |
| Oklahoma | Yes (Medical only) | Yes (Medical only) | Registered medical patients may grow up to 6 mature plants and 6 seedlings |
| Oregon | Yes (Recreational & Medical) | Yes | Up to 4 plants per household for adults 21+; medical patients up to 6 mature and 12 immature plants |
| Pennsylvania | No | Yes (Medical only) | Medical legal but home cultivation not permitted |
| Rhode Island | Yes (Recreational & Medical) | Yes | Up to 6 plants (3 mature, 3 immature) per adult 21+ |
| South Carolina | No | No | All cannabis cultivation prohibited; cultivation is a felony |
| South Dakota | Yes (Medical only) | Yes (Medical only) | Medical patients may grow up to 2 flowering and 2 non-flowering plants |
| Tennessee | No | Limited (CBD only) | Only CBD oil permitted; home cultivation prohibited |
| Texas | No | Limited (Medical) | Only low-THC medical permitted; home cultivation prohibited |
| Utah | No | Yes (Medical only) | Medical legal but home cultivation not allowed |
| Vermont | Yes (Recreational & Medical) | Yes | Up to 2 mature and 4 immature plants per adult 21+, max 4 mature and 8 immature per household |
| Virginia | Yes (Recreational & Medical) | Yes | Up to 4 plants per household for adults 21+ |
| Washington State | Medical only (Limited) | Yes | Recreational home cultivation prohibited; medical patients may grow up to 6 plants |
| West Virginia | No | Yes (Medical only) | Medical legal but home cultivation not permitted |
| Wisconsin | No | No | All cannabis cultivation prohibited |
| Wyoming | No | No | All cannabis cultivation prohibited |
States That Allow Hemp Cultivation (Licensing Programs, Industrial Hemp Laws)
- Colorado
- Oregon
- Kentucky
- North Carolina
- California
- New York
- Illinois
Colorado, Oregon, Kentucky, and North Carolina have well-established hemp industries with clear licensing and testing frameworks. Growers need to register, submit to testing, and stick to program rules.
California, New York, and Illinois allow hemp cultivation under state law but have moved to regulate intoxicating or smokable hemp products more tightly. That’s translated into extra reporting and (in some cases) explicit restrictions on certain hemp-derived cannabis products. These states still issue licenses to growers, but regulators have signaled they’ll treat high-THCA or inhalable hemp more cautiously than typical industrial hemp.
States With Strict Cannabis Laws (Illegal regardless of THC content)
- Idaho
- Kansas
- Wyoming
- Texas
- Florida
- Georgia
- Tennessee
- Wisconsin
Some states have taken a near-zero tolerance approach to THC and closely restrict hemp-derived intoxicants. Idaho is one of the clearest examples: state guidance and recent laws mean hemp products with detectable THC are effectively prohibited in retail and heavily restricted in manufacture and sale.
Kansas and Wyoming have also tightened rules about intoxicating hemp products, adopting criminal and administrative penalties that make THCA cultivation a precarious feat.
Several states with limited medical programs specifically ban home cultivation, whether or not the bud contains less than 0.3% Delta 9 THC. States like Texas, Florida, Georgia, Tennessee, and Wisconsin permit the use of THCA when federal standards are met, but cultivation rules can differ from possession laws.
States With Medical or Recreational Marijuana Laws (Where cultivation is allowed under certain conditions)
In states with legal medical or recreational cannabis, cultivation is generally permitted under the state’s cannabis code (subject to licensing, plant limits, home-grow rules, and density or retail restrictions).
To give you a couple of examples, New York’s cannabis regime includes specific home-grow and possession limits and a separate regulatory scheme for “cannabinoid hemp” products. Illinois allows licensed hemp farming but also regulates intoxicating hemp through separate statutes and agency rules.
Indoor vs. Outdoor Cultivation
Indoor grows give you more control over light, temperature, humidity, and harvest timing, which can all affect cannabinoid levels and reduce the risk of a hot test. That control helps with the 0.3% total THC limit, but genetics and strain choice ultimately determine whether a plant stays compliant.
Don’t assume indoor cultivation shields you from legal trouble. Small-scale grows are less visible and may appear to be for personal use, but enforcement usually hinges on scale and signs of distribution.
Outdoor cultivation tends to face stricter rules, especially around visibility. Many laws require plants to be locked, enclosed, and hidden from public view, and localities often limit or ban outdoor grows even where indoor cultivation is allowed. Always check local regulations before planting.
Types of THCA Flower Cultivation: Personal, Commercial, and Research
Growing THCA flower in the U.S mainly falls under three intents: personal use, commercial, and research. When it comes to growing THCA flower legally in the U.S., intent matters just as much as compliance.
Personal Use (Home-Growing)
This typically refers to small-scale, home growing. States that allow this often enforce strict plant count limits.
Commercial Cultivation
The commercial cultivation of THCA flower requires a state-issued hemp license and mandatory testing to ensure crops remain under the federal 0.3% total THC threshold.
Research or Industrial Cultivation
This may be permitted under specific programs, such as university-led studies or fiber production initiatives.
Tips for Staying on the Right Side of the Law
THCA cultivation requires more legal diligence than traditional hemp or even marijuana cultivation in legal states.
- Get proper licensing first: Don’t just assume you can grow THCA flower under existing medical marijuana cards or hemp licenses. Check with your state agriculture department or cannabis regulatory agency about specific requirements for THCA cultivation.
- Work with compliant genetics: Some strains are specifically bred to stay under federal THC limits throughout their growth cycle, while others may start compliant but drift above legal thresholds as they mature.
- Implement regular testing: Don’t wait until harvest to find out you’re over the limit. Consider testing at multiple growth stages: vegetative, early flower, and pre-harvest. While expensive, it’s cheaper than losing an entire crop to destruction.
- Documentation is everything: Maintain meticulous records, whether it’s of seed sources, growing methods, testing results, harvest weights, and disposal of any non-compliant material. Many states have specific record-keeping requirements that you must follow exactly.
- Get legal consultation: The legal landscape around THCA flower cultivation is changing quickly. Consider speaking with an attorney who’s familiar with your state’s laws before starting any cultivation project.
The Future of THCA Flower Cultivation Laws
The legal status of THCA flower and its cultivation is evolving. State and federal lawmakers are still catching up to the industry, leaving gray areas in current legislation.
That all said, the updated edition of the Farm Bill has already been delayed until the end of 2025. It’s hard to say how dramatically the landscape will shift after its release. In the meantime, we’ll be over here, enjoying our legal and accessible THCA flower.
If you’re curious about trying it for yourself, shop The Hemp Doctor THCA flower collection in different strains. We provide carefully grown, lab-tested THCA flower so you can enjoy while staying within federal guidelines.
