What is THCa Hemp Flower?
THCa hemp flower refers to cannabis buds with delta-9 THC levels that do not exceed 0.3% by dry weight, but which have high levels of THCa.

Understanding THCa
THCa stands for tetrahydrocannabinolic acid, a cannabinoid produced abundantly by the cannabis plant. THCa itself is non-intoxicating; however, when exposed to heat, light, or over time, it can convert into delta-9 THC, which is intoxicating. This process, known as decarboxylation, occurs when THCa flower is smoked or vaped.

Will Smoking or Vaping THCa Hemp Flower Cause a High?
While individual experiences may vary, smoking or vaping THCa hemp flower can potentially lead to intoxication or a “high.” It's important to inform customers of this possibility, and we recommend not selling THCa hemp flower to minors.

Can THCa Hemp Flower Cause a Failed Drug Test?
Yes. THCa hemp flower contains cannabinoids, including THC, which may cause a user to fail a drug test. Therefore, individuals who are subject to drug testing should avoid using THCa hemp flower.

Is THCa Hemp Flower Legal Under Federal Law?
Yes, under federal law, harvested THCa hemp flower is legal. The 2018 Farm Bill distinguishes lawful hemp from marijuana based on delta-9 THC levels, not THCa. As long as the cannabis flower contains no more than 0.3% delta-9 THC by dry weight, it is considered lawful hemp, regardless of the amount of THCa or other cannabinoids like CBD. The Controlled Substances Act also removes hemp from the definition of marijuana, making it a non-controlled substance under federal law.

What Does the DEA Say About THCa Hemp Flower?
According to the DEA, THCa hemp flower meets the definition of lawful hemp. Material derived from the cannabis plant with no more than 0.3% delta-9 THC on a dry weight basis is considered hemp and is not controlled under the Controlled Substances Act.

Are There Federal Court Rulings on THCa Hemp Flower?
While no federal courts have ruled specifically on THCa hemp flower, the Ninth Circuit Court of Appeals has stated that the only statutory metric for distinguishing controlled marijuana from legal hemp is the delta-9 THC concentration level. This supports the legal status of THCa hemp flower.

Is THCa Hemp Flower Legal in All States?
No, state laws vary regarding the sale and possession of harvested hemp and hemp flower. Some states calculate both delta-9 THC and THCa concentrations to determine if a cannabis bud is lawful hemp or illegal marijuana. This method, known as "total THC" calculation, is used for pre-harvested hemp in all states and for harvested hemp in some states. If THCa hemp flower is illegal in your state, you should not possess or sell it. Consult with a lawyer if you are unsure of the legal status in your state.

Can THCa Hemp Flower Be Shipped Across State Lines?
Yes, federal law authorizes the interstate transfer of hemp, including THCa hemp flower. The law explicitly states that states and Indian tribes cannot prohibit the transportation of hemp products through their borders.

Is It Legal to Smoke THCa Hemp Flower in Public or Have It Open in a Car?
Due to varying state laws and ongoing confusion about its legal status, we do not recommend smoking THCa hemp flower in public or having an open package in a vehicle. We advise selling it only in pre-packaged, sealed bags or containers with clear labeling that it is lawful hemp.

How Can You Ensure the THCa Hemp Flower You Purchase Is Legal?
We recommend reviewing a Certificate of Analysis (COA) with your attorney. A COA details the cannabinoid levels in a hemp product, including delta-9 THC. At Pakalolo Plug, we always provide a current COA for our hemp products to show compliance with federal law at the time of sale. Note that if your state uses a total THC calculation to determine legality, THCa hemp flower may not be legal in your state. Consult a lawyer before purchasing or selling it.

How Should THCa Hemp Flower Be Stored?
To ensure legal compliance, Pakalolo Plug tests all our hemp flower. However, THCa hemp flower can convert into illegal marijuana if the THCa decarboxylates, raising the delta-9 THC concentration above 0.3%. Decarboxylation occurs over time, with heat, or with light exposure. We recommend storing THCa hemp flower in a cool, dark, and dry place to minimize conversion to delta-9 THC.

Does Pakalolo Plug Have a Legal Opinion Letter on THCa Hemp Flower?
Yes, Pakalolo Plug has a legal opinion letter regarding the status of THCa hemp flower and is fully compliant with Texas laws.