Keeping up with cannabis laws in the US can be, well, exhausting. With regulations changing every day it seems, many people are finding themselves wondering about the legality of certain products or cannabinoids. Specifically, a lot of people want to know: is THCA legal?
After a recent letter from the DEA was released, US residents are unsure of whether or not they can enjoy this non-psychoactive cannabinoid like they used to.
So, let’s find out: is THCA legal in the US, and where can you get it?
What is THCA Again?
No, we’re not talking about THC. If you aren’t sure of what THCA is, we’ll remind you.
THCA, short for tetrahydrocannabinolic acid, is a non-psychoactive cannabinoid found in raw and live cannabis plants.
It’s actually the precursor to THC, the well-known psychoactive compound that produces the high that most people associate with cannabis consumption.
THCA itself does not induce psychoactive effects because it does not bind effectively to cannabinoid receptors in the brain.
However, many people have found it to have potential therapeutic benefits, including anti-inflammatory, neuroprotective, and antiemetic properties.
In case you’re curious, the transformation of THCA into THC occurs through decarboxylation, or when the cannabinoid is exposed to heat or light. This process converts the non-psychoactive THCA into the psychoactive THC.
Technically, decarboxylation can occur naturally over time as the plant dries and ages, but it is more commonly induced through heating methods, such as smoking, vaping, or cooking cannabis.
Is THCA Legal in the US?
Since THCA isn’t psychoactive, many people were under the pretense that the cannabinoid is federally legal in the United States.
That’s because, according to the 2018 Farm Bill, hemp and hemp-derived products that contain 0.3% THC or less are federally legal, and many THCA products fall under that category.
However, things have recently changed.
A few months ago, a letter sent by the DEA was published clarifying the administration’s stance on THCA.
In this letter, they stated that THCA actually does not fall under the 2018 Farm Bill and is, therefore, federally illegal in the US.
However, other than this statement, there haven’t been any significant changes made nationwide, and most consumers do not even realize that the THCA laws are even being talked about.
So, is THCA legal in the US? Honestly, we aren’t too sure at this point.
Federally, it seems as though it’s not, but the products are still available nationwide.
Let’s look closer at some states where this cannabinoid is most popular to get a better grasp on THCA laws.
Is THCA Legal in Texas?
With the Lone Star State being so strict on cannabis, it’s no surprise that one of the most popular searches in the state is “Is THCA legal in Texas?”
As of now, THCA itself is not explicitly addressed in Texas legislation.
Texas classifies marijuana and THC as controlled substances, making their possession, use, and distribution illegal except for very limited medical purposes under the Compassionate Use Program (CUP).
But, in 2019, House Bill 1325 was signed into law, legalizing the cultivation and sale of industrial hemp and hemp-derived products in Texas.
While this bill legalized hemp and its derivatives, including cannabinoids like CBD, it did not explicitly mention THCA. However, hemp-derived products that remain below the 0.3% THC threshold are generally considered legal, which can include THCA in its raw form.
So, it won’t be too hard to get your hands on THCA products in Texas — at least for the time being.
Is THCA Legal in Florida?
What about across the country? Is THCA legal in Florida?
The Sunshine State is similar to Texas in the sense that it doesn’t have any explicit laws discussing THCA or THCA products.
As long as these products are hemp-derived and do not contain more than 0.3% THC, they don’t seem to be a problem for Floridians.
Is THCA Legal in Georgia?
Finally, let’s answer this one: is THCA legal in Georgia?
Well, Georgia’s medical marijuana program allows patients with qualifying medical conditions to access low-THC oil. The state defines low-THC oil as having no more than 5% THC and an amount of CBD that is equal to or greater than the THC content.
This law does not explicitly address THCA, but its focus is on controlling the psychoactive THC levels in medical products.
Then, in 2019, Georgia passed the Georgia Hemp Farming Act (House Bill 213), which aligns with the federal 2018 Farm Bill. This act legalized the cultivation, processing, and sale of hemp and hemp-derived products, provided they contain no more than 0.3% THC by dry weight.
Under this framework, THCA, when derived from hemp and within the THC limit, is generally considered legal. So, all you Georgians are in luck!
Can You Still Buy THCA?
As of right now, yes, you can still find various THCA products available both in person and online.
However, we cannot say for sure how long this will be the case and when the DEA will start cracking down on their classification of the cannabinoid.
Currently, you can find THCA products including THCA flower, tinctures, vapes, topicals, and more. Practically any cannabis product you can think of you can get in THCA form.
You just have to remember that once those products are heated — or decarboxylated — you’re going to experience psychoactive effects.
Staying Protected With an MMJ Card
As laws and regulations continue to shift, having a medical marijuana card is the only way to ensure your safety and protection through it all.
MMJ cards allow you to have priority service at dispensaries, pay less in taxes, and have employee protection at your workplace. And, you can access products with either THCA or THC.
All you have to do is click the button below to book an appointment and the experts here at Elevate Holistics can help you get approved for MMJ in minutes — all online.
Get started today!
