Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Facebook X (Twitter) Instagram
Monday, June 2
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

    May 30, 2025

    Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

    May 26, 2025

    Minnesota Ends Criminal Penalties for Bong Water

    May 23, 2025

    Minnesota Bill to Set Up Adult-Use Cannabis Industry Moves to Governor

    May 22, 2025

    Pennsylvania House Passes Cannabis Legalization Bill

    May 8, 2025
  • Business

    U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

    May 29, 2025

    Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

    May 28, 2025

    Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

    May 28, 2025

    Washington to Issue New Social Equity Cannabis Licenses This Summer

    May 27, 2025

    DEA Raid Confiscates Over 29,000 Cannabis Plants in New York

    May 26, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»So Long for THCA Products
Law

So Long for THCA Products

adminBy adminJune 16, 2023No Comments6 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill), people have tried to find creative ways to sell intoxicating hemp-derived products. One example of this is THCA products, such as THCA flower, which contain very high levels of THCA. Today, I want to examine the legal status of THCA products and why the “loophole” seems like it’s coming to an end.

A primer on the 2018 Farm Bill and THCA

For starters, Hemp may only have 0.3% delta-9 tetrahydrocannabinol (THC). According to the DEA, if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. The issue is that hemp also generally delta-9 tetrahydrocannabinol acid (THCA). And THCA, when subjected to heat, converts into THC.

While THCA itself is not referred to in the federal definitions of marijuana or hemp, it nevertheless plays an essential role in the determination of a products status as legal or illegal because of the conversion to THC. The 2018 Farm Bill mandates that all hemp be tested for “total THC” – which is defined to include the actual THC content plus the THCA converted into THC. If the sum of THC using this method exceeds 0.3%, the hemp must be destroyed.

Interestingly, there are different ways that THCA is converted into THC, and the method is referred to as post-decarboxylation. The U.S. Department of Agriculture’s (USDA) 2018 Farm Bill regulations define this process as follows:

In the context of testing methodologies for THC concentration levels in hemp, means a value determined after the process of decarboxylation that determines the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis. The post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The post-decarboxylation value of THC can also be calculated by using a liquid chromatograph technique, which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC = (0.877 x THCA) + THC] which calculates the potential total THC in a given sample. See the definition for decarboxylation.

In plain English, gas chromatography heats THCA until it converts to THC, whereas liquid chromatography does not convert the THCA but applies a formula that is used to calculate the total THC level. There is a pretty serious debate in the industry about which of these two methods is better, but I’ll leave that for a different day. For the time being, let’s look at how this effects THCA products.

What proponents of THCA products argue

Both the 2018 Farm Bill and USDA mandate total THC testing on pre-harvest hemp batches. They do not mandate testing of post-harvest hemp or on hemp products. The Controlled Substances Act (CSA), which outlaws marijuana, contains no specific mandate to test hemp products since hemp is not controlled.

This all raises a key question: If hemp passes pre-harvest testing (i.e., has levels of THC and THCA below 2018 Farm Bill requirements) and at any point after has excess THCA, is it controlled? In other words, if after testing a super high amount of THCA grows on the plant, so much so that it would become “hot” if tested again, would it be illegal? Some commentators originally believed the answer was “no” – at least under federal law. Folks like Rod Kight argued (see here and here) that because these products would have passed testing, their later excessive THCA content was immaterial under federal law. Rod and others have written plenty on this topic and I don’t want to paraphrase too much, so you should check out their posts if you are interested.

Why I think THCA products are problematic

I tend to think that Rod and others who take this position are onto something important. That said, I think their arguments fail to adequately address two practical concerns for THCA products.

First, state law is also important to consider. Even if something is allowed federally, if it is banned in a state, it can’t be sold there. Many states have total THC requirements on hemp products which would categorically outlaw THCA products in my view. So even if THCA products were legal federally, that would be purely academic when applied in a given state. I should mention that Rod does point out that he only discusses federal law, but my point is that we cannot look at federal law in a vacuum. In a state where total THC of products is a required testing element, then these products would be illegal, hands down.

Second, practically speaking, claiming that THCA products are legal is a tough sell to law enforcement or a court that is not familiar with the nuances of federal hemp laws. Imagine a truck driver gets pulled over with a car full of THCA products with 25% THCA. Those products, when tested, will have levels of THC in the double digits. That driver is going to jail, and will have to do their best to persuade a court that a gap in testing requirements under the 2018 Farm Bill makes their product lawful. Even assuming that argument is solid, there are just too many possibilities that law enforcement won’t agree. 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 says about THCA products

The DEA seems to have settled the issue for now. In a partially redacted letter, which Rod analyzed here, the DEA claimed that THCA products are illegal because THCA must be converted into THC under the 2018 Farm Bill. Rod picks this position apart essentially as I noted above. While, again, I think Rod’s argument has legs, it becomes much more difficult to deal with law enforcement and courts when the DEA claims that THCA products are illegal.

In the near future, it’s expected that the DEA is going to take additional regulatory actions with respect to cannabinoid products. Who knows what that will look like now or whether THCA products will officially be on the chopping block. We could also see Congress take action, when the Farm Bill is renewed later this year. For the time being, stay tuned to the Canna Law Blog for additional cannabinoid developments.

Source link

long Products THCA
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleUtah Appoints Medical Cannabis Policy Advisory Board
Next Article House Unanimously Passes Resolution Supporting American Imprisoned For Medical Marijuana In Russia
admin
  • Website

Related Posts

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

Federal Lawmakers Call for Medicaid Fraud Investigation Into Florida Anti-Cannabis Political Group

May 26, 2025

Minnesota Ends Criminal Penalties for Bong Water

May 23, 2025

Comments are closed.

Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Law

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

By adminMay 30, 20250

Republican lawmakers in Ohio are seeking to make changes to the 2023 cannabis legalization law approved…

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025

Minnesota Tribe Signs Agreements to Open Adult-Use Dispensaries Off Tribal Land

May 28, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Ohio GOP Seeking to Change Voter-Approved Adult-Use Cannabis Law

May 30, 2025

U.S. Court of Appeals Rejects Legal Challenge Claiming Cannabis Prohibition is Unconstitutional

May 29, 2025

Montana Gov. Signs Bill Reserving $12M of Cannabis Tax Revenues for ‘Habitat Legacy Account’

May 28, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.