Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal standpoint.
Following the passage of the 2018 Farm Bill, the marketplace for “alternative” or “minor” cannabinoids – chemical compounds other than delta-9 THC (THC) – soared due to what some consider a “loophole” in federal law, which excluded hemp-derived cannabinoids from the definition of “marijuana.” THCA is one of these compounds.
A simple Google search for the term THCA turns up a myriad of misinformation. Misleading headlines read: “THCA is completely legal across the U.S.,” “THCA flower is fully legal,” and “It is legal to sell THCA.” However, this information is not necessarily correct, and as industry insiders have been warning clients for years – and as recent actions by both the federal government and the state of California demonstrate – following such advice can be costly, if not criminal.
Further, with the 2018 Farm Bill expiring at the end of September 2023, all eyes are on Congress, waiting to see whether and how the regulation of hemp-derived cannabinoids may change under the new 2023 Farm Bill.
