Types of Cannabinoids

Is THC-O Legal?

THC-O doesn’t face the same strict regulations that other cannabinoids do. It’s clawed its way onto the market through a legal loophole where it can be sold as a legal product as long as it’s made from hemp-derived ingredients.

Kind of the same case with THC derivatives like Delta 8 and Delta 10 THC that can also be sold legally in some states, even though they are varieties of THC.


THC-O is said to be a lot more potent than these THC varieties. But that isn’t a conclusive statement; whether it’s true or not ultimately depends on a series of variables like the consumer’s tolerance, weight, and a few other factors.

For stores and dispensaries around the country, THC-O products are a real ‘game changer’. Its effects have been compared to that of a mild psychedelic, which has consumers bending over backward to get their hands on it.

But the question still remains of how legal it really is to buy THC-O. Which is exactly the subject that we’re here to explore. But first, let us really get a grasp of what THC-O is, some insight into how it’s made, how it works, and where it comes from.


The Best THC-O Products

What is THC-O?

Is THC-O Legal?

The Best THC-O Products

THC-O is often used to infuse edibles in an attempt to make them less overwhelming for inexperienced consumers, making THC-O gummies an extremely popular product category. But that’s not all you’ll find on the Hemmfy website.

Visit our THC-O product line up and choose between THC-O carts, THC-O disposables, THC-O tinctures, oils, wax, and more.

Sour Blue Raz Delta 8 - THC-O - Gummies

Sour Blue Raz Delta 8 - THC-O Gummies by Kush Burst

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50mg of a hemp-derived  THC-O and Delta 8 mixture in a single gummy. Each gummy pack comes with 10 THC-O gummies per bag and the strain-specific Sour Blue Raz flavor is simply delicious.

Kush Mints THC-O Carts by Torch

Kush Mints THC-O Cartridge by Torch

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Kush Mints is the hybrid strain used to put together these 1000mg THC-O carts by Torch, a reliable and trustworthy brand that has made a name for itself in the disposable and pre-filled cart market. No clogs, no leaks, and exactly 1 gram of THC-O infused vape juice.

Frooty Pebbles THC-O Disposable Vape Pen by Cultiv8 Wellness

Frooty Pebbles THC-O
Disposable Vape Pen
by Cultiv8 Wellness

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Frooty Pebbles is the 55/45 Indica-dominant hybrid strain the Cultiv8 uses to make this outstanding THC-O disposable. Made with approximately 437.5 mg of THCO, 437.5mg of Delta 8 THC, and 125mg of an organic hemp-derived terpene mix, the device comes equipped with a 420mAh battery and a 1ml non-refillable tank capacity.

Strawberry-Flavored THC-O Tincture by Delta 8 Factory


Strawberry THC-O Tincture
by Delta 8 Factory

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A 30ml bottle containing 500mg worth of THC-O, Delta 8 Factory is recognized for their Delta 8 THC products but has seamlessly transitioned to a great THC-O product offering that piggybacks off of the brand’s D8 THC experience.

THC-O Lemonade by Delta 8 Factory

Lemonade THC-O Drinks
by Delta 8 Factory

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Not much to say here, but a lot to drink. A delicious lemonade drink infused with 125mg of THC-O Acetate per bottle. You can also get this drink in three other flavors if lemonade is not your cup of tea.

What is THC-O?

In order for THC-O to be covered by the federal regulation that covers hemp-derived products, then it must be made from hemp-derived extracts. But making it is not as simple as it sounds. 

In fact:

The manufacturing process of THC-O involves a very complex series of steps that only companies with a high-end laboratory have the capacity to fulfill. The extraction process isn’t simple, and the fact that THC-O acetate has to be converted from other cannabinoids makes it even more complicated.

The acetylation process also involves a mix of chemicals that companies must ensure will not remain in the final product. So strict manufacturing processes that can provide the consumer with a final product with no residue are extremely important.

Not only is an appropriate lab setting important, but lab testing done on the final product is also something you’ll want to consider before purchasing THC-O products. Luckily, companies like the Hemmfy Marketplace carry a ton of different items with proper COAs.

We mentioned that THC-O has been around for a long time, but what we didn’t say was that THC-O Acetate actually started as a sort of government experiment. More specifically in the 1940s when U.S. Military scientists examined it along with other drugs like LSD and Psilocybin.

In a nutshell:

The THC-O found online is a hemp-derived acetylated form of other cannabinoids. And while it’s already ‘blowing up’ in the legal market, it remains to be confirmed whether or not THC-O products prove to be as profitable as they need to be in order to remain in the market in the long run. 

Is THC-O Legal?

The 2018 Farm Bill was amended to federally regulate hemp-derived products. Which means that as long as THC-O is made from hemp-derived ingredients then it is technically a legal product and not listed as a controlled substance.

THC-O is not only made from hemp-derived ingredients, but it is also not a naturally occurring compound in cannabis (marijuana or hemp). Technically, it is not considered a Tetrahydrocannabinol, even though it is made from hemp-derived cannabinoids.

But THC-O is in fact a psychoactive compound, which has turned many regulatory agencies’ eyes towards it. For the time being, THC-O stands in a legal ‘gray area’, a lot like hemp-derived Delta 8 THC.

THC-O Flower

THC-O legal status is murky, but the DEA’s position is clear since stating in a 2020 published document that, “For synthetically derived tetrahydrocannabinols, the concentration of Δ9-THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.”

In other words:

The 2018 Farm Bill does not impact the control status of synthetically manufactured cannabinoids but they are still considered Schedule I substances by the DEA. So, where does that leave THC-O?

That’s where the line starts getting blurry. The term ‘synthetic’ is not clearly defined in DEA or CSA regulations. The DEA’s document on Drugs of Abuse published in 2017 defines synthetic cannabinoids as substances that “are not organic, but are chemical compounds created in a laboratory”.

For the time being, buying THC-O online can be done, but it’s looking like it will ultimately come down to state laws. Federal law seems to be too confusing for authorities to apply on a nationwide level and even more so for consumers to comprehend. Our suggestion is to double check your state laws before purchasing or consuming THC-O and by hopping on to the Hemmfy Online Marketplace we’ll be able to let you know if we can ship our THC-O products to your location.


We are not giving legal advice and do not intend to, but rather just passing on the information we’ve been able to gather online. The best option to stay trouble-free is to consult with your state’s authorities.

Hemmfy articles and blogs are meant to entertain and educate. However, we are not medical professionals and do not intend to give medical advice through them.

The knowledge around CBD and other cannabis-derived products is growing and constantly changing, as does their legal status. Hence, we recommend checking with your local authorities and a licensed physician prior to consumption.

Simon Cartagena

Simon Cartagena is a full-time cannabis copywriter. This has led him to write for companies like Hemmfy.com where he acts as Senior Content Writer and other world-renowned cannabis publications. Simon has created Content Marketing strategies and articles that have helped company revenues increase by up to 1,000%. Simon’s goal is to help people understand cannabis in an industry where misinformation seems to be predominant.