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What Are THCA Hemp Products and Is THCA Legal?
THCA hemp products are cannabis products with delta-9 THC levels not exceeding 0.3% by dry weight, as defined under federal law. These products are crafted to comply with hemp regulations while delivering high levels of THCA, a naturally occurring cannabinoid.
THCA, or tetrahydrocannabinolic acid, is a cannabinoid produced in abundance by the cannabis plant. It is non-intoxicating in its natural state but converts into delta-9 THC—known for its psychoactive effects—when exposed to heat, light, or time. This process, called decarboxylation, occurs during smoking or vaping.
While THCA itself does not produce a “high,” smoking or vaping THCA hemp products can lead to intoxication for some users. We strongly recommend informing customers of this potential effect. THCA hemp products should not be sold to minors under any circumstances.
Yes, consuming THCA hemp products like THCA flowers can result in a failed drug test. These products contain cannabinoids, including THC, which may trigger a positive test result. Those subject to drug testing should avoid using THCA hemp products.
Under federal law, THCA hemp products are legal. The 2018 Farm Bill classifies hemp as cannabis with no more than 0.3% delta-9 THC by dry weight. As long as this threshold is not exceeded, the product is considered hemp, regardless of its THCA content. Hemp is not classified as a controlled substance under federal law.
The DEA has stated that THCA hemp products meet the legal definition of hemp. According to their guidelines, any cannabis-derived material with a delta-9 THC concentration of 0.3% or less by dry weight is considered lawful hemp and not a controlled substance.
While no federal court has specifically ruled on THCA hemp products, the Ninth Circuit Court of Appeals has clarified that delta-9 THC levels are the sole metric distinguishing hemp from marijuana. This precedent supports the legal status of THCA hemp products under federal law when they meet the delta-9 THC requirements.
State laws vary widely regarding THCA hemp products. Some states consider “total THC,” which includes both delta-9 THC and a calculated percentage of THCA, in determining legality. In such states, THCA hemp products may not meet legal requirements. Consult an attorney to confirm legality in your state.
Federal law permits the interstate shipment of hemp products, including THCA hemp flower. According to 7 USC § 1621 subsection 10114(b), states and tribes cannot block the transportation of lawful hemp products across their borders, as long as they comply with federal regulations.
Because laws vary by state and THCA hemp products exist in a legal gray area, consuming them in public or keeping an open package in a vehicle is not recommended. We advise selling these products in sealed, pre-packaged containers with clear labeling to avoid legal complications.
Reviewing a Certificate of Analysis (COA) for each batch is essential. A COA verifies the levels of delta-9 THC to confirm compliance with federal law. Chronic Exotics provides a current COA with all THCA hemp products to demonstrate compliance at the time of sale. If your state uses a total THC calculation, consult an attorney to ensure compliance.
To maintain legality, store THCA hemp products in a cool, dry, and dark place. Exposure to heat or light can trigger decarboxylation, converting THCA into delta-9 THC and potentially exceeding the 0.3% legal limit. Proper storage ensures product integrity and compliance.
Yes, Chronic Exotics has obtained legal opinions verifying the status of our THCA hemp products. Please note that these opinions apply specifically to Chronic Exotics and are not intended as legal advice for other entities or individuals.
For verified lab results, Chronic Exotics includes COAs with every order. Click here for our lab results or contact us with questions.
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