In the rapidly evolving world of cannabinoids, we're not talking about delta-8 THC, hexahydrocannabinol (HHC), or other cannabinoids that start as CBD oil extracted from federally legal hemp plants and are then chemically manipulated into psychoactive compounds. These cannabinoids currently operate in a legal gray area thanks to a loophole in the 2018 U.S. Farm Bill, which effectively legalized any hemp-derived cannabinoid, though many states have since restricted their sale.
Instead, let's delve into THCA flower—intoxicating cannabis that meets state compliance requirements and is packaged as consumer goods according to state laws. This cannabis isn't labeled as marijuana; it is marketed as THCA, a naturally occurring, non-psychoactive cannabinoid that transforms into psychoactive THC when heated.
What is THCA Flower?
THCA (tetrahydrocannabinolic acid) is a precursor to THC (tetrahydrocannabinol). When THCA flower is marketed, these buds reportedly adhere to the 2018 Farm Bill's mandate of containing less than 0.3% delta-9 THC, thus classifying them as federally compliant hemp.
THCA Hemp Sales
Unlike delta-8 THC and other chemically synthesized cannabinoids sold through legal loopholes, THCA sellers utilize strategic testing and potentially misleading labeling and marketing to remain compliant.
Some people see this as the de facto legalization of cannabis in America, while others view it as a loophole that needs to be closed and are actively advocating against it. Regardless, it's available, and people can purchase it just like regular cannabis.
The Legal Gray Area of THCA
Whether THCA flower is federally compliant depends on several factors, including plant degradation, timing, method of testing, and interpretation of the rules. The USDA requires cannabis to be tested for "total THC" within 30 days before harvest, but post-harvest testing is not mandatory. As long as pre-combustion delta-9 THC levels remain below 0.3%, the product qualifies as federally legal hemp.
THCA Testing Controversy
The federal compliance of THCA flower depends on various factors such as plant degradation, the timing and method of testing, and who is interpreting the regulations (refer to “THCA Testing Controversy?”). The timing of testing is crucial because the U.S. Department of Agriculture (USDA) mandates that cannabis be tested for "total THC" – the sum of THC and THCA – within 30 days before harvest.
However, the USDA does not require testing after the flower has been packaged or at the retail level, according to Heidi Urness, the Seattle-based co-chair of the cannabis practice group at the McGlinchey Stafford law firm. She explains that as long as the pre-combustion delta-9 THC levels remain below the federal threshold of 0.3%, the product is classified as federally legal hemp.
According to these USDA regulations, retailers in states without established marijuana markets, such as North Carolina, Tennessee, Texas, and Wisconsin, can sell flower as federally compliant hemp even if high levels of THCA convert to THC when burned.
Urness elaborates, "When it comes to retail, is it legal to sell? This is an academic debate. People like me argue yes. Under federal law, it’s permissible to sell at that stage because we are restricted to the delta-9 THC definition. THCA is not delta-9."
However, these same USDA rules generally prohibit the cultivation of cannabis if its total THC level exceeds the 0.3% hemp limit. Total THC is calculated as follows:
% delta-9 THC + (% THCA x 0.877)
For instance, if a plant contains 0.1% THC and 10% THCA, its total THC would be 8.8%, which is 8.7% THCA plus 0.1% THC.
Our Approach to THCA Flower
When our owner and founder, Kayla, used cannabis for her healing journey, she experienced firsthand the critical role both CBD and THC played in her recovery. Kayla's battle with the rare disorder Sphincter of Oddi Dysfunction underscored the importance of a balanced cannabinoid profile, which was pivotal in her healing process.
We recognize the potential risks associated with selling THCA flower, but we also understand its significant therapeutic benefits. Our commitment is to provide products that mirror the natural balance of cannabinoids found in the plant, much like the ones that helped Kayla. We firmly believe that others can benefit from strains that offer a harmonious blend of cannabinoids.
In contrast, the market's claims of products containing 99.9% THC are not only unrealistic but also potentially harmful to our bodies. Such high concentrations do not align with the holistic and balanced approach that we advocate for. Our focus remains on delivering safe, effective, and naturally balanced THCA flower to support overall well-being.
Conclusion
The cannabis industry's landscape is continually shifting, and THCA flower represents a fascinating development. While its legal status remains complex and contentious, its market presence is undeniable. As businesses navigate these murky waters, one thing is clear: the demand for innovative cannabis products is not going away.
For more insights into the cannabis industry and to explore the transformative power of cannabinoids like THCA, stay tuned to our blog. If you're interested in the latest trends and want to explore premium cannabis products, consider signing up with us today to stay ahead of the curve.