With the recent buzz around THCa arising from DEA raids of local shops, we at Hemp and Tea Company thought it would be a good idea to provide an explainer of the legality of THCa products. In this article, we will go through what THCa is, how it is legal, the gray area around THCa in the legal sense, and offer some solutions for removing this gray area. We should note that this article is based around federally compliant THCa, not anything sold illegally or illicitly in shops around North Carolina or other states.

So what exactly is THCa? Tetrahydrocannabinolic acid (THCa) refers to the cannabinoid present in hemp (or Cannabis) flower that is the precursor to Delta 9 Tetrahydrocannabinol (THC). THCa is converted into Delta 9 THC when it goes through the decarboxylation process (heating). When looking at how THCa is produced it is easiest to look at the hemp flower in which it is grown. Particular strains of hemp have been selectively grown to produce higher levels of THCa and lower levels of Delta 9 THC through genetic selection. In doing this growers have been able to produce strains that are highly potent in THCa, enabling them to sell flower that can produce a high similar to what you would find in a state where traditional Cannabis is legal. Comparatively, growers in “legal” states do not have to make sure their strains contain less than 0.3% Delta 9 THC, but they contain similar levels of THCa, which leads to similar effects. 

If THCa converts into an illegal compound in the state of North Carolina, how can it be sold legally? The key is in the 2018 Farm Bill, which removed both hemp and hemp derived compounds from the Controlled Substances Act. This legalized the growing of hemp and usage of hemp to produce other compounds nationwide, however there are some restrictions. The Farm Bill stipulates that hemp can be produced as long as the active Delta 9 THC concentration is below 0.3% by weight. This is why when growers worked to create THCa flower, they made sure to minimize the presence of active Delta 9 THC, and focused purely on high THCa content. Even though THCa can be turned into Delta 9 THC, it is not considered “active THC” because it needs an additional input (heat) to turn into the illegal compound. So with this in mind, any hemp flower produced to have a Delta 9 THC content under 0.3% by weight will be perfectly legal under the 2018 Farm Bill, regardless of the THCa concentration. 

Clearly this creates a legal gray area that hemp shops all across the country are working through. There is a fair bit of nuance needed to understand this difference, and it has been shown that some shops are taking advantage of this gray area to sell illegal products that do not meet the federal requirements. There is also a gray area for customers of these shops, as they are buying products that while being federally legal, convert when used into an illegal substance. THCa flower does act incredibly similarly to flower that can be purchased in legal states and this creates an opportunity for illegal products to be sold as legal products, which can put customers at risk. So what can customers do to protect themselves? 

Customers should ALWAYS ask to see the Certificate of Analysis (CoA) for any flower that they are purchasing. A CoA will show not just the concentration of THCa present in the flower, but will also display the percentages of minor cannabinoids and Delta 9 THC present in the flower. If the percentage listed is under 0.3%, then that product is federally legal under the Farm Bill! A reputable shop should have these certificates on hand and if they don’t, this is a major red flag. Always be sure to know what you are purchasing! 

On a broader scale, there are some steps that can be taken to reduce the gray area present in this industry. The first option to clear out this gray area would be a statewide or federal recognition of hemp derived cannabinoids, and their formal inclusion in either the next Farm Bill (2025) or through some other formal legalization. This would create a clearer legal framework that would allow for these products created from hemp to be used. Ideally this would come with some form of regulation to ensure that all customers were getting the safest legal products available! A slightly different direction that could solve these issues as well would be the formal legalization of Cannabis on a federal level. This has obviously been done in a number of states, and a formal legalization process would provide a safe space for everyone to consume Cannabis how they choose recreationally. This also would come with a more stringent federal regulatory process making sure that the Cannabis products that are provided to customers are safe, effective, and enjoyable. 

This formal legalization seems to still be some time away, so in the meantime be sure to stay aware of changing laws in your area around THC, THCa, and other cannabinoids! Always ask for CoA’s to protect yourself and be sure to do your research on where you purchase all of your THC products! 

* Even though THCa is legal to sell and purchase, the similarities with illegal flower have the potential to bring issues with law enforcement. Keep your product sealed and out of sight after purchasing, and only consume in the privacy of your home. THCa flower looks and smells exactly the same as the illegal variant, and police have the right to seize and test anything they come across. Driving after smoking THCa is driving under the influence. Hemp and Tea Company is not responsible for anyone confiscating this hemp, nor arresting or fining you for having this legal hemp product in your possession because of a misunderstanding of what it actually is.