Is THCA Legal?

Posted on April 20, 2023 by Munchies

We’re in the midst of a nationwide revolution where the narrative on cannabis is shifting. We know now that it’s so much more than just a way to get high – the plant holds serious therapeutic potential. tates

But scientists have just scratched the surface of what’s possible, as it’s been illegal to conduct meaningful reserach on the plant since it has been federally illegal for so long. The 2018 Farm Bill is changing things. So, is THCa legal today?

Federally, yes. THCa holds no psychoactive properties in its raw form. So as long as THCa products are made from hemp and contain less than 0.3% Delta 9 THC by dry weight, they’re fair game!

That’s how we’re able to ship legal THCa products straight to your doorstep here at MUNCHIES! Our products are lab-tested to ensure they meet the requirements per the Farm Bill, so you can indulge without stressing about breaking the law.

However, there’s more to this story than meets the eye, as certain states have their own laws on cannabis that may conflict with those of the federal government. Let’s take a closer look below to help you figure out if you can legally purchase THCa today.

Is THCa Legal?

Let’s make one thing crystal clear right away – is THCa legal? Yes, at least on a federal level according to the stipulations of the 2018 Farm Bill.

This legislation dictates hemp and hemp-derived compounds are federally legal if they contain less than 0.3% Delta 9 THC on a dry weight basis. It created a distinction between hemp and marijuana based on Delta 9 THC content.

Simple enough, right? Not quite. There’s a controversy since the U.S. Drug Enforcement Administration (DEA) says that THCa doesn’t meet the definition of legal hemp.

This regulatory body says because THCa transforms into Delta 9 THC when heated, it falls under the category of THC in terms of regulation. That being said, the Farm Bill trumps the DEAs stance as it stands today.

How is THCA Flower Legal?

We get asked this question all the time – if THCa flower is going to produce the exact same effects of real flower, how is it legal?

Again, we’ll point you back to the 2018 Farm Bill. According to this legislation, hemp is defined as Cannabis Sativa L. Remember, plants with a Delta 9 THC concentration of no more than 0.3% by dry weight are kosher.

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.

So is it a legal loophole? Yes. But is THCa legal? Also yes! The government doesn’t appear to have any interest in rewriting the legislation anytime soon, so you can use this oversight to your advantage.

Federal Legal Age Limits for THCa

Now, let’s take a step back and talk about the legal age to purchase THCa products online. Technically, the federal government has not set a specific age limit for THCa since the cannabinoid isn’t regulated at the federal level.

THCa derived from hemp falls under the same regulations for hemp products – and there were no age guidelines put in place for those, either.

Still, state laws take precedence when it comes to brands shipping legal cannabis products. You’ll need to be either 18 or 21 to purchase. So, is THCa legal in your state? Let’s take a look.

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

Keep in mind that purchasing or possessing cannabis, including THCa products, as an underage individual will expose you to legal repercussions.

Truthfully, though, the biggest consequences are for the brands selling the products to minors. The onus is on them to verify purchasers’ age, similar to procedures for alcohol and tobacco sales. That being said, here’s a quick look at the legal age limit to buy THCa across the nation:

So, is THCa legal in your state? If so, spoil yourself today at Delta Munchies with Farm Bill compliant THCa products that pack a potent punch!

Can You Legally Grow THCa Flower?

Many states that have legalized cannabis either medicinally, recreationally, or both don’t just allow users to purchase products – you can actually cultivate your own! Is the same true of THCa flower?

You’ll need to defer to your state’s laws on growing marijuana. There are quite a few risks to be account for with attempting to cultivate THCa flower. There’s a possibility the plant could decarboxylate during storage, potentially resulting in THC levels above the legal limit.

It’s also really difficult for the average person to monitor and tweak delta 9 THC levels and stay under the 0.3% threshold throughout the growing process. Testing is expensive, and the truth is, it makes more sense to leave it to the experts anyway.

We’ve already done the hard work, so why bother? Just stick with our THCa vape pens and THCa dabs to avoid the hassle and uncertainty of legality!

Can You Legally Smoke THCA Flower?

Definitely! THCa flower is entirely legal provided it meets those requirements of the 2018 Farm Bill we keep harkening back to. It must also be derived from hemp and less than 0.3% delta 9 THC by dry weight.

Be sure to account for state laws, though, especially when transporting THCa products in your vehicle or traveling with them on your person. If a cop pulls you over or stops you and you have weed on you, it’ll be tough to convince them you purchased it legally online.

There are also uncertainties surrounding drug testing. Metabolites from Delta 9 THC will show up on drug tests after smoking THCa flower. So if you’re subject to drug tests at your place of employment, don’t think you can get away with consuming THCa products and still pass.

Wrapping Up Our THCa Legality Guide

So, is THCa legal? While this is a fairly convoluted topic, the short answer is yes. The only states in which THCa is not legal are Hawaii, Idaho, Minnesota, Oregon, Rhode Island, Utah, and Vermont.

This is all thanks to a legal loophole left in the 2018 Farm Bill – and hopefully, us telling you all about this doesn’t prompt the federal government to go in and close it! For the time being, though, you can legally enjoy THCa – and in turn, an authentic cannabis experience.

Our blog has additional resources on topis like what is THCa, THCa vs delta 9, THCa vs delta 8, how long does THCa stay in your system, is THCa safe, and more. But at this point why not celebrate legality by getting THCa products shipped straight to your doorstep?

Delta Munchies has an array of vapes and dabs that are Farm Bill compliant, carefully crafted, and lab-tested for both potency and purity. Order today with peace of mind knowing your purchase is protected by our 30-day satisfaction guarantee!