Is This Legal
THCA FLOWER
What is THCa?
"THCa” is the name for cannabis products with delta-9 THC levels that do not exceed 0.3% , but which have high levels of THCa.
"THCa” is the abbreviation for “tetrahydrocannabinolic acid”, a cannabinoid produced in abundance by the cannabis plant. THCa does not produce intoxication; however, under certain conditions, including heat, exposure to light, and time, it can convert to delta-9 THC, which does have an intoxicating effect. The conversion from THCa to delta-9 THC is known as “decarboxylation” and occurs when THCa flower is smoked or vaped.
Is THCa lawful under federal law?
Yes. Under federal law, THCa rosin is lawful. This is because the federal 2018 Farm Bill distinguishes between lawful harvested hemp and unlawful marijuana based on the levels of delta-9 THC, not THCa. All our THCa rosin tests under 0.3% Delta 9 THC. Additionally, the federal Controlled Substances Act, which regulates drugs, removes hemp from the definition of marijuana. In other words, hemp is not an illegal controlled substance under federal law.
What does the DEA say about it?
THCa products meet the DEA’s definition of lawful hemp. According to the DEA, “material that is derived or extracted from the cannabis plant such as tissue culture and any other genetic material that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis meets the legal definition of “hemp” and is thus not controlled under the CSA.”
Is THCa legal in all states?
No. State laws differ regarding whether or not harvested hemp and hemp flower can be sold or possessed and if a license or permit is required in order to handle it. Additionally, some states calculate the concentrations of total THC, rather than just delta-9 THC, to determine if a THCa product is lawful "hemp" or unlawful cannabis. You should not possess or sell THCa products if it is illegal in your state. You should consult with a lawyer if you are unsure of the legal status of THCa in your state.