Posted on April 20, 2023 by Munchies

As the cannabis world continues to grow, THCA has sparked debates on its legality, especially with its ability to transform into Delta 9 THC when heated. Is THCA legal everywhere? What does the federal government say, and how do states view and treat this cannabinoid differently? Let’s explore the details and discover where THCA stands in today’s complex cannabis landscape.

Key Takeaways 

  • THCA is federally legal under the 2018 Farm Bill as long as it contains less than 0.3% Delta 9 THC by dry weight.
  • The DEA claims THCA becomes illegal once it’s heated and converted into Delta 9 THC, complicating its legal status.
  • While federally legal, individual states have different laws regarding THCA, with some applying “total THC” laws.
  • Most states set a minimum age of 21 for purchasing THCA products, though some allow purchases at 18 for medical use.
  • THCA flower can be grown and smoked legally in certain states, but growing your own can present legal risks if THC levels exceed 0.3%.

Is THCA Legal?

Yes. THCA is legal on a federal level according to the stipulations of the 2018 Farm Bill, which mentions that hemp and hemp-derived compounds are federally legal if they contain less than 0.3% Delta 9 THC on a dry weight basis. This legislation created a distinction between hemp and marijuana based on Delta 9 THC content. However, users must be aware that local and municipal regulations vary regarding cannabis use and don’t automatically follow the federal ruling. 

DEA Controversy 

There’s a controversy surrounding THCA when the U.S. Drug Enforcement Administration (DEA) has stated that THCA doesn’t meet the definition of legal hemp. According to the DEA, because THCA transforms into Delta 9 THC when heated, t it falls under the category of THC in terms of regulation. 

While this is the DEA’s current stance, it is still considered legal at the federal level as long as it abides by the current farm bill regulations. 

How is THCA Flower Legal?

The legal basis for THCA flower stems from the 2018 Farm Bill, which legalized hemp and hemp-derived products. According to this legislation, hemp is defined as Cannabis Sativa L. plants with a Delta 9 THC concentration of no more than 0.3% by dry weight. The bill allowed for the legal cultivation and production of hemp and hemp-derived products that meet this Delta 9 THC threshold.

The bill didn’t account for THCA, which can be converted to Delta 9 THC through heat. This oversight allows for the production of high-THCA hemp strains that technically comply with the law.

What is the Difference Between THCA Flower and Delta 9 THC Flower in Legal Terms?

Under the 2018 Farm Bill, hemp is defined as cannabis plants containing no more than 0.3% Delta 9 THC by dry weight.

THCA Flower is generally considered legal under federal law if it contains less than 0.3% Delta 9 THC, regardless of THCA content. Consequently, Delta 9 THC Flower is federally illegal if it exceeds the 0.3% Delta 9 THC threshold.

State laws regarding THCA and Delta 9 THC flower vary widely and don’t always default to following the federal ruling. Some states have implemented “total THC” laws that consider both THCA and Delta 9 THC content. Delta 9 THC flower is generally illegal for recreational use in most states, though some have legalized it for medical or recreational purposes. It must consistently test below 0.3% Delta 9 THC to be considered legal hemp.

It should be noted that the Federal law focuses on Delta 9 THC content for compliance, not THCA levels. However, some states use “total THC” calculations that include THCA.

Federal Legal Age Limits for THCA 

The federal government has not set a specific age limit for THCA products. This is partly because THCA is not explicitly regulated at the federal level. THCA derived from hemp (cannabis with less than 0.3% Delta 9 THC) falls under the regulations for hemp products. The 2018 Farm Bill, which legalized hemp, did not specify age restrictions for hemp-derived products.

Despite the lack of explicit federal age limits for THCA, its potential to convert to Delta 9 THC (a controlled substance) when heated may subject it to similar restrictions.

State-Level Age Restrictions

While federal law doesn’t specify an age limit, many states have implemented their own restrictions:

  • Common Age Limit – Most states that have addressed THCA products set the minimum age for purchase at 21. This aligns with the legal age for purchasing alcohol and tobacco products in the United States.
  • Variations by State – Some states may have different age requirements. For example, New Jersey sets the minimum age for purchasing THCA products at 21, while California allows purchases at 18.
  • Medical Exceptions – In states where medical marijuana is legal, individuals under 21 may be able to purchase THCA products with a valid medical marijuana card and authorization from a doctor.

Enforcement and Compliance

  • Retailer Responsibility – Vendors selling THCA products are typically required to verify purchasers’ age, similar to procedures for alcohol and tobacco sales.
  • Penalties for Underage Sales – Selling THCA products to underage individuals can result in legal consequences, potentially including fines and criminal charges.
  • Consequences for Underage Possession – Underage individuals caught purchasing or possessing THCA products may face legal repercussions, including potential drug charges on their record.

Ongoing Debates and Potential Changes

  • Legislative Gaps – The lack of clear federal guidelines on THCA age restrictions has led to inconsistencies across states and confusion among consumers and retailers.
  • Potential for Federal Regulation—As the cannabis industry evolves, there may be more explicit federal regulations on THCA products, including age restrictions.
  • State-Level Developments – Some states are working on legislation clarifying age restrictions for THCA and other hemp-derived products.

At What Age Can You Legally Buy THCA in Each State?

  • Alabama – THCA flower and other similar products can be legally purchased by adults aged 21 and over in Alabama.
  • Alaska – Alaska allows adults over the age of 21 to use recreational marijuana and related products legally.
  • Arizona – Adults 21 and over can legally buy and consume THCA flower and products in Arizona.
  • Arkansas – Only those with a medical marijuana license in Arkansas can legally purchase marijuana and related products. The state allows hemp and CBD products to be purchased by anyone over 18.
  • California – California officials enacted emergency regulations in 2024, setting a minimum age of 21 for the purchase of hemp-derived products containing Delta 9 THC.
  • Colorado – Adults 21 and over can legally purchase and possess cannabis products, including those containing THCA.
  • Connecticut – Adults 21 years and older can legally purchase cannabis products in Connecticut.
  • Delaware – You must be at least 21 years of age to possess or consume marijuana in Delaware.
  • Florida – The legal age to purchase THCA products in Florida is 21 years old.
  • Georgia – Individuals aged 21 and above can legally buy and use THCA products in Georgia.
  • Hawaii – In Hawaii, those over the age of 21 can legally purchase hemp-derived THCA products.
  • Idaho – THCA is prohibited from being used in Idaho.
  • Illinois – Adults over the age of 21 can legally use marijuana for either medical or recreational purposes in Illinois.
  • Indiana – Hemp-derived THCA products can be purchased if you’re at least 21 years of age.
  • Iowa – Iowa recently passed legislation imposing a minimum age of 21 years old for purchasing hemp-derived products.
  • Kansas – According to the Nebraska PACT Act, customers must be 21 and over to purchase hemp-derived products.
  • Kentucky – The legislation requires that hemp products be sold only to individuals 21 or older.
  • Louisiana – No consumable hemp product shall be sold to any person under the age of 18 years. No adult-use consumable hemp product shall be sold to any person under the age of 21 years.
  • Maine – Adults aged 21 and over can legally use, possess, purchase, sell, and distribute cannabis products.
  • Maryland – The legal purchase age for cannabis in Maryland is 21 or older.
  • Massachusetts – You can legally purchase and consume cannabis if you are over the age of 21.
  • Michigan – Adults over the age of 21 can legally purchase cannabis products.
  • Minnesota –  Starting from August 1, 2023, individuals aged 21 and older in Minnesota can legally possess and use specific quantities of cannabis.
  • Mississippi –  Adults 21 and over can purchase THCA flower through the state’s medical marijuana program.
  • Missouri – Adults 21 and older can legally purchase cannabis in the state.
  • Montana – Consumers 21 and older can purchase and possess up to one ounce of legalized recreational marijuana.
  • Nebraska – Customers must be 21 and over to purchase hemp-derived products.
  • Nevada – Since 2020 in Nevada, marijuana use for medicinal and recreational purposes has been legal for those 21 and older.
  • New Hampshire – Hemp containing less than 0.3% delta-9 THC is legal to purchase and use in New Hampshire for those 21 and older.
  • New Jersey – Marijuana and hemp are legal for adults over the age of 21.
  • New Mexico – Adults 21 and over can legally purchase marijuana.
  • New York – It is illegal for anyone under the age of 21 to possess, sell, or use any amount of cannabis.
  • North Carolina – The department recommended raising the legal age limit to purchase THC products to 21.
  • North Dakota –  Hemp-derived THCA products with less than 0.3% THC by dried weight should be available for purchase for those 21 and older.
  • Ohio – Consumers 21 years or older can buy up to 2.5 ounces of legalized recreational marijuana.
  • Oklahoma – The legal age to purchase THCA products in Oklahoma is 21 years old for adult-use products and 18 years old for medical use.
  • Oregon – You may purchase and possess cannabis products containing THCA if you are 21 years of age or older.
  • Pennsylvania – THCA is lawful in Pennsylvania for those 21 and older.
  • Rhode Island –  Both medical and recreational cannabis use is legal for adults 21 and older.
  • South Carolina –  Individuals must be 21 or older to purchase THCA products.
  • South Dakota – THCA products are available in the retail market in South Dakota to individuals over the age of 21.
  • Tennessee – It is illegal to sell hemp-derived cannabinoid products containing THCA to a person under the age of 21 years.
  • Texas – There currently is no minimum age set by Texas statute to purchase consumable hemp products in Texas.
  • Utah – Individuals must be 21 years old to purchase CBD products, including THCA products.
  • Vermont  – Adults aged 21 and older can legally obtain cannabis from licensed dispensaries.
  • Virginia – Substances containing THC may not be sold to a person younger than 21 years of age.
  • Washington – Individuals must be 21 or older to buy THCA products in Washington State.
  • West Virginia – Persons aged 18 years and over with debilitating medical conditions can purchase marijuana-based THC products.
  • Wisconsin – It is illegal to sell hemp-derived cannabinoid products containing THCA to a person under the age of 21 years.
  • Wyoming – Any hemp-derived product containing THCA must be purchased by an adult who is at least 21 years old in Wyoming.

Can You Legally Grow THCA Flower?

Despite federal legality, individual states can regulate or prohibit THCA cultivation. Many states have implemented their own rules regarding THCA and hemp cultivation.

Commercial Growing

Growing THCA flower typically requires specific permits and adherence to state regulations for commercial purposes. THCA manufacturers usually need to obtain state permits to grow and produce THCA flowers within their state or region, and the process often involves following strict protocols and regulations.

Personal Cultivation

While purchasing and consuming legal THCA flower may be allowed in some states, growing your own THCA flower is generally not recommended for several reasons:

  • Risk of decarboxylation – There’s a possibility that THCA flowers may decarboxylate during storage, potentially resulting in THC levels above the legal limit.
  • Legal complexities –  The laws surrounding the personal cultivation of THCA flowers are often unclear or restrictive.
  • Maintaining Delta 9 THC levels – It’s difficult to ensure that the THC content remains below the 0.3% threshold throughout the growing process.
  • Testing Requirements –  Many states require testing of hemp crops after harvest, which could potentially classify THCA flowers as illegal if they exceed THC limits.

Can You Legally Smoke THCA Flower?

Yes, you can technically smoke THCA flower, but it depends on your jurisdiction and certain circumstances. Under federal law, THCA flower is technically legal if the product contains 0.3% or less Delta 9 THC by dry weight. It must also be derived from hemp, as defined in the 2018 Farm Bill.

While federally legal, state laws regarding THCA flower can differ. Some states allow the purchase and use of THCA flower, while others have more restrictive laws or outright bans.

When considering smoking THCA flower, keep in mind that smoking THCA generally produces effects similar to Delta 9 THC. Metabolites from Delta 9 THC will show up on drug tests after smoking THCA flower. Furthermore, using THCA flower may attract law enforcement scrutiny, similar to other cannabis products. The act of smoking could be interpreted as illegal drug use in some jurisdictions. 

Medical Use

In some states, THCA flower may be legally available for medical use:

  • Patients with qualifying conditions may legally obtain and use THCA flower.
  • Medical use typically requires a doctor’s recommendation or prescription.

Age Restrictions

Where legal, there are usually age restrictions for purchasing THCA flower:

  • Most states require buyers to be 21 years or older.
  • Some states allow purchase at 18 for medical use.

Final Thoughts 

While hemp-derived THCA is federally legal under the 2018 Farm Bill, as long as it contains less than 0.3% Delta 9 THC, its legality remains complex. The DEA’s stance and varying state laws create a gray area, especially since THCA converts into Delta 9 THC when heated. 

Consumers must stay informed about both federal guidelines and state-specific regulations to ensure compliance and avoid unwanted penalties. As the cannabis industry continues to evolve, changes in THCA legality may emerge, so keeping an eye on legal developments is essential for consumers and businesses.

(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. 

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