THCA Flower
What is THCa hemp flower? “THCa hemp flower” refers to cannabis buds containing delta-9 THC levels below 0.3% by dry weight while having elevated THCa levels.
What is THCa? “THCa” stands for “tetrahydrocannabinolic acid,” a cannabinoid abundant in the cannabis plant. THCa doesn't cause intoxication, but it can convert to delta-9 THC under certain conditions like heat and light exposure, leading to intoxicating effects.
Will smoking or vaping THCa hemp flower induce a "high"? While individual responses vary, smoking THCa hemp flower may cause intoxication. Customers should be informed of the potential for feeling high and products shouldn't be sold to minors.
Will using THCa hemp flower result in failed drug tests? Yes, THCa hemp flower contains cannabinoids, including THC, potentially leading to failed drug tests. Therefore, individuals subject to drug testing should avoid using THCa hemp flower.
Is THCa hemp flower legal under federal law? Yes, harvested THCa hemp flower is federally legal under the 2018 Farm Bill as long as it contains no more than 0.3% delta-9 THC. Additionally, hemp isn't classified as an illegal controlled substance under the federal Controlled Substances Act.
What does the DEA say about THCa hemp flower? THCa hemp flower meets the DEA's definition of lawful hemp as long as its delta-9 THC concentration remains below 0.3% on a dry weight basis.
Have any federal courts ruled on THCa hemp flower? No, but the Ninth Circuit Court of Appeals has emphasized that the legal distinction between marijuana and hemp relies on delta-9 THC concentration.
Is THCa hemp flower legal in all states? No, state laws vary regarding the sale and possession of hemp flower. Some states use a "total THC" calculation to determine legality, including both THCa and delta-9 THC concentrations.
Can THCa hemp flower be shipped across state lines? Yes, federal law permits interstate transfer of hemp, including THCa hemp flower, though state laws regarding hemp may vary.
Is it legal to smoke THCa hemp flower in public or have it open in a car? Due to varying state laws and uncertainty about its legal status, it's advisable not to smoke THCa hemp flower in public or have open packages in vehicles. Products should be sold only in sealed, labeled containers.
How can one ensure purchased THCa hemp flower meets legal requirements? Reviewing a Certificate of Analysis (COA) alongside legal counsel is recommended. A COA displays cannabinoid levels, including delta-9 THC, ensuring compliance with federal law.
How should THCa hemp flower be stored? Store THCa hemp flower in a cool, dark, dry place to limit unintentional conversion of THCa to delta-9 THC.
Does LoudPuff provide a legal opinion on THCa hemp flower? Yes, LoudPuff offers a legal opinion letter regarding the legality of THCa hemp flower.
Please note that this document and the opinion letter are specific to LoudPuff and should not be construed as legal advice for others.
SOURCES:
- 2018 Farm Bill: 7 U.S.C. § 1639o(1)
- Controlled Substances Act: 21 U.S.C. § 802(16)(B)
- DEA letter: [link to DEA's letter]
- Ninth Circuit Court of Appeals: AK Futures LLC v. Boyd St. Distro, LLC, 35 F.4th 682 (2022)
- Federal law on interstate transfer: 7 USC § 1621 subsection 10114(b)
LAB TEST RESULTS
CERTIFICATE OF QUALITY ASSURANCE THIRD-PARTY LAB REPORTS
PLEASE LOCATE THE LOT NUMBER OF YOUR PRODUCT ON THE BACK LABEL. ONCE YOU HAVE FOUND THE NUMBER, REFER TO THE CORRESPONDING PRODUCT BELOW AND CLICK THE LINK TO ACCESS THE THIRD-PARTY LAB REPORT.