Is THCA Legal? A Complete Guide

THCA has taken the cannabis industry by storm, and you can now find it in various high THCA hemp products in many dispensaries, both online and physical locations nationwide.

And yes, if you haven’t tried it yourself already, the rumors are true. THCA will get you HIGH if you smoke it. And with anything that can take you to cloud nine, you’re probably wondering: is THCA legal? Can I actually buy it in my state?

Good news for you. You’re in the right place!

Join us as we break down the complex web of federal law and state regulations so you can get a clear picture of where THCA stands in the legal American landscape.

What is THCA?

Hmm...before we get to the nitty gritty of legality, please remind me...What exactly is THCA? I GOTCHA!

Tetrahydrocannabinolic acid (THCA) is a naturally occurring compound found in fresh, raw cannabis plants. Think of it as THC’s precursor - the parent compound that turns into the well-known delta-9 THC when exposed to heat through a process called decarboxylation.

What’s interesting about THCA is that in its natural state, it’s non-psychoactive - meaning it won’t get you high. This is the main difference between THCA and THC. They have the same molecular structure, but THCA has an extra acid group that prevents it from binding to the cannabinoid receptors in your brain that create the high.

However, apply heat through smoking, vaping, or cooking. THCA converts to THC, and you get those psychoactive effects many recreational users seek.

Is THCA Legal in the US? Federal Legal Status

So, back to our original question: is THCA legal?

Yes, THCA is federally legal in the US, but there are some important caveats.

The legal status of THCA is mainly based on the 2018 Farm Bill, which legalized hemp and hemp-derived substances containing less than 0.3% delta-9 THC on a dry weight basis.

This bill created what many may call a legal loophole for THCA. Since the bill mentioned delta-9 THC (not THCA) as the restricted substance in the Controlled Substances Act (CSA), products with high THCA and low delta-9 THC are technically federally compliant.

This oversight has allowed the hemp industry to boom with THCA products like THCA flower, concentrates, edibles, and more.

The DEA is currently testing and enforcing delta-9 THC levels in final products, not THCA content or its potential to convert to THC when heated.

So, what does this mean for you as a consumer?

For the consumer, this means that buying hemp-derived THCA products is federally legal as long as the delta-9 THC level is below 0.3%.

But for the grower, please note that the Department of Agriculture requires pre-harvest hemp testing that includes “total THC” (which includes potential THC from THCA conversion).

Calculated as: Total THC = (THC + 0.877 × THCA).

This creates a bit of a contradictory regulatory environment where growing high THCA hemp is problematic, but selling finished products with high THCA is legal under federal guidelines.

Another important thing to note is that while THCA is legal federally, cannabis laws on the state level can vary from one state to another. In the next section, we’ll get a microscopic view of THCA legality per jurisdiction.

State-by-State THCA Legal Status

Most state hemp laws follow the federal definition of hemp. Still, some are more strict, regulating THCA products based on their total THC content. Below, we break down where THCA is legal, restricted, or illegal.

States Where THCA is Fully Legal

In these states, THCA is legal. They only test for thca legality based on whether or not products at the point of sale are below 0.3% delta 9 THC:

• Tennessee: State law defines illegal marijuana as THC (delta-9 tetrahydrocannabinol), so THCA is legal.
• Texas: Follows the Farm Bill definition, so hemp products with 0.3% delta-9 THC or less are legal, regardless of THCA content.
• Florida: Only restricts delta-9 THC content, so THCA is not regulated outside the medical cannabis program.
• Pennsylvania: Aligns with federal guidelines, so hemp-derived products with compliant delta-9 THC levels are legal, including those with THCA.
• Colorado: As a pioneer in cannabis law reform, Colorado only has the 0.3% delta-9 THC limit and no THCA restrictions.

Other states with similar permissive approaches are Alabama, Alaska, Arizona, California, Delaware, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

States where THCA is in a Grey Area

Some states have more nuanced approaches to THCA:

• Georgia: State law has somewhat vague language regarding hemp, so THCA products may be legal but with less clarity than in other states.
• Connecticut: It is likely legal but has provision to destroy hemp with THC above limits, so there is some regulatory uncertainty.

States Where THCA is Illegal

Several states have explicitly or effectively banned THCA products through stricter testing:

• Idaho: Has banned all hemp derivatives and forms of THC except pure CBD.
• Arkansas: Uses the Total THC formula for hemp-derived product testing, so THCA is counted in the 0.3% limit.
• Massachusetts: Used to be legal, but a recent law change now requires testing for total THC.

Other states that use the Total THC testing include:

• Minnesota
• Montana
• Oregon
• Rhode Island

How Much THCA Can You Legally Possess?

Unlike states like Maryland and Virginia, with regulated medical marijuana or recreational cannabis programs, there isn’t a specific purchasing or possession limit for hemp-derived THCA in states where it’s legal.

The hemp market follows the 2018 Farm Bill guidelines, which don’t have quantity restrictions on compliant hemp products.

But does that mean you should carry pounds of THCA flower or smoke in public? Of course not. Remember, law enforcement may not always interpret these laws the same way. And in any case. THCA converts to THC when heated, as mentioned earlier, and you don’t want to be explaining the Farm Bill to a police officer during a traffic stop.

Here are some practical tips to stay safe and within legal boundaries:

• Keep products in their original packaging with visible labeling showing hemp plant origin and THC concentration.
• Save your purchase receipts as proof of legal acquisition from a retailer.
• Be aware that large quantities may raise suspicion with law enforcement even if technically legal.
• Never travel across state lines without researching the destination state’s THCA laws.
• Be aware of areas near schools, government buildings, or other sensitive locations with additional restrictions.
• Consume your cannabis products in private residences or cannabis-friendly locations where permitted, never in public spaces or while driving.

Where to Buy Legal THCA Products Online

Ultimately, although THCA is legal federally, whether you can buy it legally will depend on the state you are in and if the product meets the 0.3% THC threshold.

The good news is if you do your due diligence and purchase from reputable brands like Super Greens, you have nothing to worry about. Super Greens is the top online destination for the best legal hemp products, including:

• THCA hemp flower with exceptional quality and potency
• Delicious THCA gummies for those who prefer not to smoke
• Potent THCA concentrates for experienced users.
• Discreet and flavorful THCA vape products and more

All our products are lab-tested for purity and legal compliance. We ship discreetly to all legal states, ensuring you receive your items safely and without hassle.

With our unwavering commitment to quality and customer satisfaction, Super Greens is the ultimate destination for premium THCA products. Experience the difference yourself and elevate your wellness journey with Super Greens today.

Disclaimer: Cannabis regulations evolve rapidly at both federal and state levels. The information provided reflects the legal status as of the time of writing. We strongly encourage readers to verify current laws before purchasing or using THCA products, as violations could result in serious legal consequences depending on your jurisdiction.

FAQ:

What is THCA, and why is it legal?

THCA is the non psychoactive precursor to THC found in raw cannabis plants. THCA is legal federally thanks to the 2018 farm bill, which states that hemp-derived products are legal as long as they don’t exceed 0.3% THC on a dry weight basis.

Does THCA show on drug tests?

Yes, THCA does show up in drug tests as THC metabolites. If you’re subject to drug testing, approach THCA products with the same caution you would any cannabis products.

What happens if you get pulled over with THCA?

In states where THCA is legal, having properly labeled hemp-derived THCA products won’t get you in trouble, provided you were not indulging or intoxicated while driving.

But because THCA products look and smell like marijuana, you might get detained while the officer determines the product’s legality. Always keep products in original packaging with clear labeling and, if possible, receipts or COAs to verify legal THC levels.

Can you legally buy THCA online in the United States?

Yes, you can legally buy THCA online from brands like Super Greens. Reputable online retailers will verify your location before shipping to ensure compliance with local laws.

Is THCA Flower Safe to Smoke?

Absolutely. THCA flower can be safe to smoke when sourced from reputable providers who implement thorough testing for contaminants, pesticides, heavy metals, and accurate cannabinoid profiling.

Will THCA get you high?

Yes, THCA will get you high if you heat it in ways like smoking, vaping, or baking edibles.

What is the DEA’s stance on THCA?

The DEA doesn’t mention THCA in their controlled substances scheduling. They focus on delta-9 THC levels in finished products, not THCA content. Currently, they’re allowing hemp-derived products with high THCA and low delta-9 THC, but this administrative approach could change without legislation.

Can you travel with THCA legally?

Domestic travel with THCA products is still legally complex. Traveling within states where THCA is legal should be fine, but crossing state lines requires federal jurisdiction and varying state laws. 

Air travel is riskier as the TSA operates under federal law, and THCA products look and smell like marijuana. Traveling internationally with any cannabis-derived products, including THCA, is strongly advised against, as most countries prohibit all cannabis products regardless of THC content.