Posted on May 15, 2023 by Munchies

The subject of the legality of THCA flower has been the focal point of many controversies and heated conversations in the cannabis industry over the past few years. While many people are convinced that TCHA is completely legal and should cause no issues with the authorities, others are not so sure.

However, with the outmoded state of hemp and cannabis-related laws in many states in the US, it is no wonder there’s so much confusion regarding the legality of many products.

Not to worry, the following paragraphs attempt to help you clear the air and point you in the right direction. Keep reading to discover our take on the legality of THCA flower as well as how you can procure these products without issue.

Key Takeaways

  • 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.

Can You Legally Grow THCA Flower?

While you can generally purchase and consume legal THCA flowers at the federal level, or depending on the specific state you’re in, we don’t recommend trying to grow your own THCA flowers. First off, there is every chance that you may decarboxylate your THCA flowers in storage, which means you’ll have full-blown THC on your hands.

But more importantly, THCA manufacturers typically have to get state permits to grow and produce THCA flowers within their state or region. So, it’s safe to say you must go through the necessary protocol before you can freely grow THCA flowers.

Besides, reputable manufacturers make THCA flower available to you at the click of a button or two. So, why go through the stress and expenses?

Can You Legally Smoke THCA Flower?

The controversial situation of how THCA becomes THC when you smoke it makes this quite an interesting question. After all, the fact that THCA flower is technically no different from illegal marijuana buds after decarboxylation seems counterintuitive.

But the answer is yes, you can technically smoke THCA flower legally.

However, you should note that smoking THCA will generally produce the same effects that THC will. So, you should bear that in mind and consume your THCA with care. In addition, smoking THCA means that THC will show up on any drug test that you take.

Finally, smoking THCA also puts you at risk of law enforcement scrutiny the same way delta 8, delta 9 THC, and even CBD flowers or any other type of flower that looks or smells like weed will. So, that’s another thing you’ll need to watch.

Final Takeaway — Is THCA Flower Legal?

The short answer is yes. THCA flower is legal under federal law and state laws in some specific regions.

Where to Buy Infused THCA Flower Pre Rolls Online

Since THCA is technically a hemp product, very few restrictions exist that limit where you can purchase the flower. However, you should always ensure that the brand you’re buying from follows regulations in terms of the THC content in their products.

Thankfully, at Delta Munchies, we do!

We remain on the cutting edge of hemp manufacturing technology and provide our customers with high-quality, legally-compliant THCA diamond infused pre rolls from organic hemp: our Double Doinks!

These pre rolls are made with the finest hemp flower, infused with THCA liquid diamonds, and covered in kief to deliver the ultimate combination of flavor and potency.

**(Disclaimer reminder: This article is not medical advice. It is based on anecdotal user experience alone. If you are thinking about incorporating cannabis (delta-8 THC, delta-9 THC, CBD, etc) into your medicinal routine, please consult a healthcare professional. Do not stop taking any prescribed medications without first consulting your doctor.)

Disclaimer: This article reflects the laws of the United States at the time it was written. Because cannabis laws in the United States laws are subject to change at any time, please make sure that you are always staying up to date on your federal, state, and local county’s cannabis laws. Additionally, we are NOT encouraging anyone to break the law––we are simply showing people ways to legally and discreetly bring their cannabis products along with them on their travels so that they may have access to those products when they reach their intended destination.