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Key Points/Facts.

THCA flowers are legal at the federal level in the United States.

• However, these THCA flowers must contain 0.3% THC or less by dry weight to be considered legal.

• This is because the 2018 Farm Bill classifies cannabinoids like THCA as hemp as long as they do not exceed the prescribed THC levels.

What is THCA Flower?

Before we go into THCA flower, let’s explore what THCA is.

THCA (or tetrahydrocannabinolic acid) is the precursor to THC (tetrahydrocannabinol) and is found abundantly in hemp plants. However, unlike THC, which has euphoric or psychoactive effects, THCA is non-psychoactive.

So, what is THCA flower?

THCA flower essentially refers to cannabis buds marketed as hemp. Interestingly, while THCA itself is non-psychoactive, it converts to THC through a process known as decarboxylation when heat is applied to the flower.

Is THCA Flower Illegal?

The answer is no. THCA flower is technically legal under federal law in the United States. In other words, you can freely purchase and consume legal THCA flower as long as the products meet the specifications of the authorities.

How is THCA Flower Legal?

The legal status of THCA flower has everything to do with the Farm Bill that was passed into law in 2018.

According to the 2018 Farm Bill, all hemp-derived products that possess THC levels less than or equal to 0.3% on a dry weight basis are legal for sale and consumption at the federal level.

Hemp is defined in the bill as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, as well as all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Based on this, THCA qualifies as hemp under the 2018 Farm Bill and is lawful at the federal level in the United States due to its non-psychoactive and non-addictive qualities. This implies that you can purchase and use THCA in accordance with the federal ruling.

However, legality at the state level varies and is dependent on the specific state in question. Therefore, we recommend consulting with a legal professional in your region before trying to buy or consume THCA flowers.

Is the THCA Cannabinoid Federally Legal?

Yes, the 2018 Farm Bill makes the THCA cannabinoid legal at the federal level.

Is Delta 9 THC the Same as THCA?

THCA is the precursor to THC, and the two compounds share very similar chemical structures. However, they are not the same.

The primary difference between THCA and THC is the absence of psychoactive effects in the THCA flowers. You see, THCA has an additional carboxyl group that THC doesn’t, which makes all the difference. In other words, THCA will not get you high.

However, in the presence of heat, decarboxylation occurs, and THCA loses that extra carboxyl ring, becoming a psychoactive cannabinoid.

What is the Difference Between THCA Flower and Delta 9 THC Flower in Legal Terms?

According to the Farm Bill, THCA flower is legal because it contains 0.3% or less THC on a dry weight basis. Besides, it is also non-addictive. However, since THC is essentially that — THC, then it does not fall in the category of hemp, or hemp derived products.

As a result, THC is considered a controlled substance in the US, specifically a Schedule I controlled substance. This means possession, sale, or distribution of THC in any form is criminal under federal law, with penalties ranging from fines to jail time depending on the amount and the circumstances of the offense.

Therefore, THCA and THC do not have the same chemical or legal standing.