Ready to clear the air about THCa Flower? Open your mind and expand your legal boundaries, because it’s as simple as this – under federal law (and many state regulations), a hemp bud with 20% levels of THCA is totally legit. So don’t be intimidated by those who want you in the dark on such matters. Embrace Hemp legality for all that its worth!
No matter how hard you look, legal hemp buds and illegal marijuana aren’t easy to tell apart. But let’s dive in deep: According to the 2018 Farm Bill, there is one big difference between these two – D9 levels! Hemp with no more than 0.3% of this compound by dry weight is legal. It turns out that THCa-rich flowers do qualify as ‘legal’ under federal law as long as they meet this requirement. So if someone asks “Is THCa Flower Legal?”, just remember: Big Brother knows all when it comes down to legality – it’s their call 😉
What About Total THC?
Are you curious if THCa flower can pass the USDA’s Total THC concentration test? Of course it can! The agency requires all pre-harvest samples be tested, with each sample needing to confirm a total of 0.3% or less. Every legal THCa product will come with a certificate of analysis from the lab. This report itemizes THC compounds and separates types. Delta 9 is the only THC in the Farm Bill’s verbiage.
What Are The Legal Risks of THCa Posession?
The final issue to consider is that law enforcement and state regulators may be confused about the legal status of THCa flower. Many people in the hemp industry, including some hemp lawyers, believe that hemp flower is only legal if it passes a “total THC” test. However, this is incorrect according to federal law and the laws of some states. Given that this issue is confusing even to experienced hemp lawyers, it is easy to see how law enforcement and regulators may be misunderstanding this issue.
If you are selling THCa flower, you may have problems with the law. This is because when the police test it using gas chromatography, it will show high levels of D9. This happens because gas chromatography heats up the sample, which causes the THCa to be converted to D9. If this happens, the retailer could be charged with trafficking marijuana.
While we know the justice system is always right, there’s no guarantee that a criminal trial will go your way if you’re charged with selling THCa. The law surrounding this novel and complicated case might be lost on even prosecutors or judges. Understanding the subtleties could mean life-changing differences in outcomes!