Additionally, regardless of what the law actually states, convincing law enforcement or a court that these products are legal when they are likely not too familiar with the nuances of federal hemp laws, is going to be an uphill battle. You would have to be able to convince them that your items are permissible because of a gap in testing and labeling requirements under the 2018 farm bill; and let me tell you, after my experience getting alternative cannabinoid products confiscated in Kansas, that’s not an easy sell. This is an issue that would likely need to be resolved in the appellate courts, which would be expensive, time consuming, and risky. 

What the DEA has to say about THCA 

Interestingly, the DEA hasn’t said very much about THCA, at least not in any official capacity. While they haven’t made any direct statements to address the legality of THCA, but they did post a short letter in response to a Reddit comment, claiming that delta-8 THC and THC-hexyl are considered tetrahydrocannabinols; and are illegal if not hemp-derived, over the THC limit, or made with synthetic processing.  

The comment was first reported by Marijuana Moment, but as of then, the FDA has not responded for additional comments. That being said, the letter was written by DEA Drug and Chemical Evaluation Section Chief, Terrence Boos. He clarified that when accounting for THC, they look at a “total THC” amount, which refers to the amount of any THC in a product after decarboxylation. So when it comes to THCA, because it turns into delta-9 THC after heat is applied, it still counts. Even if a plant has less than 0.3% delta 9 at harvest, it doesn’t matter if after heating, that amount rises to above the 0.3% cutoff.

Boos states: “Accordingly, cannabis-derived delta-9-THCA does not meet the definition of hemp under the CSA because upon conversion for identification purposes as required by Congress, it is equivalent to delta-9-THC.”  

Final thoughts  

So, if you’d like to buy some weed from a store like most of the nation is allowed to, my advice is to do a quick google search of what stores are selling THCA weed in your area. You might be surprised at what you find. That being said, just because you purchased it legally, does not mean that you won’t get hassled by police for having it, since they likely won’t see the THCA loophole as clearly as we do. 

Hello readers. We’re happy to have you with us at Cannadelics.com; a news source here to bring you the best in independent reporting for the growing cannabis and hallucinogen fields. Join us frequently to stay on top of everything, and subscribe to our Cannadelics Weekly Newsletter, for updates straight to your email. Check out some awesome promos for cannabis buds, smoking devices and equipment like vapes, edibles, cannabinoid compounds, amanita mushroom products, and a whole bunch more. Let’s all get stoned together!