How is THCA legal in the US?

If you have ever entered a dispensary, you have most likely seen THC percentages shown on the labels of cannabis strains and products. The famed high related to cannabis comes from THC (tetrahydrocannabinol).

Here’s something you may find surprising, though: raw buds may contain no THC at all. They can come with THCA, which is another form of THC that is less regulated across the nation. THCA (or tetrahydrocannabinolic acid) only becomes the high-inducing cannabinoid when thermal exposure is involved.

Can’t make heads or tails out of the different cannabinoids and regulations? Confusion is common, which is why we have decided to explicitly answer your question, “Is THCA legal in the United States?” in this blog. 

Spoiler alert: it is.

Is THCA federally legal in the US?

We owe the legality of tetrahydrocannabinolic acid to the 2018 Farm Bill that has transformed the playing field for cannabis sellers and users. It has eliminated hemp and some low-THC compounds from the list of forbidden stuff. According to the bill, THCA is not treated as THC and is rather considered hemp, making it federally legal in our country.

The considerable difference between legal and illegal cannabis comes down to the amount of Delta-9 THC. Under the Farm Bill, a product undergoes no restrictions as long as its Delta-9 THC concentration remains within the 0.3% dry weight threshold. Because this law passed, the US hemp industry has exploded, making way for products cannabis users love so much, from tinctures and capsules to vape cartridges and infused drinks. 

While federal law sets the foundation, each state regulates operations and consumption involving THCA differently. The rules aren’t the same everywhere. Some states stick to government-set regulations, and others enforce stricter laws. Buyers and businesses should stay on top of things in their area.

There’s also a lot of talk about the way hemp laws should be understood, which creates some unclear spots. There are places where tetrahydrocannabinolic acid is seen as a legal alternative to marijuana, offering people access to the potential health benefits of cannabis without causing euphoric effects.

Breaking down the subtle aspects

An interesting thing is that whether a product that contains THCA is legal in the US depends on its concentration. The Farm Bill caps permitted levels strictly to 0.3%. If a product goes over that limit, it’s classified as a controlled substance.

But things can get even trickier depending on where you are. In states where marijuana is legal – whether you run a business to target marijuana patients or recreational enthusiasts – there are usually extra rules about THCA. Some states measure it in milligrams. Others look at its percentage of the total product. So, while THCA might be legal in some cases, its status isn’t always black and white. It depends on local laws and how they choose to regulate it.

Is THCA legal in the United States the same way THC is?

These cannabinoids sound similar, but THCA and THC have somewhat different legal status. Naturally, the former is the raw, non-psychoactive version of the latter. Generally speaking, it’s legal since it won’t get a consumer high on its own. The same product that contains THC may not be legal.

Is THCA legal in the US if it turns into THC?

Not exactly. Federal law does not list THCA as a prohibited substance. Its legal position can grow complex because it changes into THC when heated through decarboxylation. Under the bill, a THCA product is federally lawful if it is obtained from naturally grown cannabis, has no synthetic additives, and has less than 0.3% THC. So, in this form, THCA is legal in the United States. At the same time, it may no longer be regarded as lawful after decarbing if the THC content exceeds the permitted amount.

Does your location affect THCA’s legality?

A surprising thing is that your location defines whether you can consume, sell, or distribute tetrahydrocannabinolic acid. While federal standards are essential, a number of states have their own rules about how this cannabinoid can be sold or used. In some places, it’s treated exactly like THC, but in others, it’s not as tightly controlled. So, before you get into a business centered around THCA products, it’s always a smart move to double-check the laws in your state.

Legitimizing hemp and THCA in farming

There’s another interesting thing about the 2018 Farm Bill. Officially seeing hemp and THCA as any other agricultural crop, the Bill facilitates things for growers. The measure has done a lot to declare hemp in the farming sector legal. While tight rules regulate its cultivation, it can be legally grown and locally harvested.

Section 11101 of the Bill is one of the main points of interest for hemp growers. It covers protection mechanisms that hemp growers can legally take advantage of in case of affected agricultural production. For them, this is huge because it gives them a safety net if they lose their crops. Those involved in growing know that losing is always a risk in farming.

Since hemp and THCA still require time to get used to, these protections are more important than ever. As production grows, having these safeguards in place will help farmers adjust and innovate in the industry.

The final note

Running a business in the federally legal cannabis industry can be tricky. Growers and sellers have to juggle a bagful of federal and state laws and stay ready to adjust if regulations or enforcement priorities suddenly shift. This is especially true for THCA and inhalable hemp products, where legal changes are inevitable.

The US Congress may enact new rules one day, and state legislators may tighten limitations the next. Local officials may intervene at any stage of the law passing, and a lawsuit may fundamentally change everything. Ignoring these developments is risky for those in the cannabis business. 

Even though the bill makes THCA legal in the US now, you will show good judgment if you’re ready to keep an eye on new regulations and can adjust immediately.