Key facts about THCA that make it federally legal for us to operate:
- THCA itself is not psychoactive—it only becomes delta-9 THC when heated.
- Legality is based on delta-9 THC content, not THCA, meaning raw hemp products high in THCA remain compliant as long as they stay under 0.3% delta-9 THC by dry weight.
- The 2018 Farm Bill federally legalized hemp and its derivatives, creating a pathway for hemp-derived cannabinoids to be sold legally.
- Since THCA products meet federal guidelines, they can be legally produced and shipped, though some states have additional restrictions.
This legal framework allows for the production and sale of THCA hemp products, provided they adhere to federal regulations and comply with individual state laws where applicable.
Below are some common terms that help identify and further understand the legality of hemp-derived products. THCA (Tetrahydrocannabinolic Acid) is a non-psychoactive compound in raw cannabis that converts into delta-9 THC, the main intoxicating cannabinoid, when heated. The 2018 Farm Bill legalized hemp and its derivatives, allowing hemp-derived delta-9 THC to be sold as long as it remains under 0.3% by dry weight. This legal distinction makes THCA products federally compliant since legality is based on delta-9 content, not THCA itself. To ensure compliance and safety, products are tested through third-party labs, providing a Certificate of Analysis (COA) to verify potency and purity.
Agriculture Improvement Act of 2018
The Agriculture Improvement Act of 2018 (commonly known as the 2018 Farm Bill) federally removed hemp from the Controlled Substances Act, effectively legalizing the cultivation, production, and sale of hemp and its derivatives, as long as they contain no more than 0.3% delta-9 THC by dry weight. This distinction allowed hemp-derived cannabinoids, including CBD and other compounds, to be legally produced and sold across the U.S., though individual states can impose their own restrictions.
Delta-9 THC (tetrahydrocannabinol)
Delta-9 THC (tetrahydrocannabinol) is the primary psychoactive compound in cannabis responsible for its intoxicating effects. Under the 2018 Farm Bill, delta-9 THC derived from hemp is legal as long as the final product does not exceed the 0.3% threshold on a dry weight basis. This loophole has allowed manufacturers to produce hemp-derived delta-9 THC products, such as edibles and beverages, that comply with federal law.
THCA (tetrahydrocannabinolic acid)
THCA (tetrahydrocannabinolic acid) is a precursor to delta-9 THC found in raw cannabis. When heated (through smoking, vaping, or cooking), THCA converts into delta-9 THC and produces psychoactive effects. However, since the legal classification of hemp is based on delta-9 THC content alone, THCA itself is not considered a controlled substance in its raw form. This legal gray area has allowed businesses to sell high-THCA hemp products in states where cannabis remains restricted, as long as the product stays below the 0.3% delta-9 THC limit before use. Nonetheless, some states have enacted laws specifically addressing or restricting THCA sales to close this loophole.