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Is THCA Legal Under the 2018 Farm Bill?

Jan 23, 2024 | THCA Flower

The legalization of hemp under the 2018 Farm Bill has prompted many people to explore the potential of its derivatives. Recently, THCA has grown rapidly in popularity; and for good reason! THCA, or Tetrahydrocannabinol Acid, is a cannabinoid that is naturally found in the trichomes of cannabis plants, including hemp. But all cannabis in recreational and medical dispensaries in legal states are technically high THCA flower. So is THCA legal or not?

Understanding the 2018 Farm Bill

Before delving into the legality of THCA, it’s essential to understand the 2018 Farm Bill. The bill legalized hemp and its derivatives, including cannabinoids such as CBD, on a federal level. However, it’s important to note that the bill distinguished hemp from marijuana, which is still illegal under federal law. Hemp must contain less than 0.3% Delta-9 THC (the psychoactive compound that gives marijuana its characteristic high), on a dry weight basis. This is the ONLY determining factor when classifying hemp from marijuana.

What is THCA?

Delta-9 THCA is the non-psychoactive precursor to Delta-9 THC that is found in cannabis plants. THCA itself does not cause a “high.” When THCA is decarboxylated due to heat (a lighter) or age, it converts to Delta-9 THC (regular THC) and will produce the intoxicating effects that we are familiar with in cannabis. One important thing to understand about cannabis is that you cannot have THC without first having THCA.

Is THCA Federally Legal?

THCA products like flower are federally legal under the 2018 Farm Bill. Although THCA converts into Delta-9 THC once decarbed, it is technically a different cannabinoid in its raw form. There is only one caveat to the legality of THCA products. The 2018 Farm Bill legalized hemp and its derivatives, including THCA, only if it contains less than 0.3% Delta-9 THC. This means that if THCA is derived from hemp, it is federally legal as long as it meets the Delta-9 THC requirements.

It’s worth noting that laws and regulations regarding hemp and its derivatives can vary at the state level. Some states have more stringent laws surrounding hemp and may not allow THCA products to be sold in the state, even if they are derived from federally legal hemp.

Is THCA Legal in My State?

It’s essential to check your state’s laws and regulations regarding THCA products. Some states have banned or restricted the sale of all cannabis products, including hemp-derived CBD and THCA. Other states have more lenient laws surrounding hemp and its derivatives and may allow THCA products to be sold.

Can THCA Products Be Shipped to Me?

According to the 2018 Federal Farm Bill, states are able to regulate the sale of cannabinoid products, but they are restricted from interfering with interstate commerce of hemp goods. That is, states cannot stop the transportation of federally compliant THCA products through the state, even if that state has restricted the sale of THCA products within itself. As long as the state has only prohibited the sale of the products, and has not prohibited the use of hemp derived cannabinoids, consumers are legally protected and can freely order THCA products from legal states without legal repercussion.

 conclusion

THCA products like flower are federally legal under the 2018 Farm Bill, as long as they are derived from hemp and meet the Delta-9 THC requirements. It’s essential to check your state’s laws and regulations regarding THCA products, and keep in mind that even if your state prohibits the sale of these products, you can legally find high-quality, third-party lab tested high THCA Cannabis flower, concentrates, and vapes online. As the laws surrounding hemp and its derivatives continue to evolve, it’s more important than ever to stay informed about the legal status of these products.