What is THCA? and how is it legal? - DistroMike

The DistroMike Podcast

What is THCA?

If you’ve been into a smoke shop over the last several months, you have certainly seen products labeled as THCA. From vapes and cartridges to flower, prerolls, and diamonds, THCA products have quickly taken over a large amount of shelf space in a very short period of time. Most of them seem to look a lot like Weed, so you’re probably wondering what THCA actually is..

THCA in Nature

In nature, cannabis plants are producing large amounts of THCA (tetrahydrocannabinolic acid), and typically contain very little Delta 9 THC, which is the common form of THC known for its psychoactive effects. Near harvest, through exposure to regular light and heat, or when heated or burned, the acid form of the molecule decarboxylates (which means that it loses a carbon atom) resulting in Delta 9 THC.

In theory, THCA flower is just cannabis. When tested during specific time thresholds, the lab reports for this flower will show compliant levels of Delta 9 THC, which means it can be sold as legal hemp. This legal definition comes from the 2018 Farm Bill, which essentially states that any cannabis products containing less than 0.3% Delta 9 THC at the time of testing are federally compliant hemp products. When heated, these molecules decarboxylate into Delta 9 THC, which is what gives the user a “high”. The reality is that this is the same process and mechanism providing the effects when any regular weed products are consumed.

The THCA Legal Loophole

The world “loophole” is often used in reference to companies who are selling THCA products to consumers who will ultimately consume and become intoxicated by Delta 9 THC. While there is much debate as to the intent of the laws in question, the current legal definitions are relatively clear. Compliant THCA products contain less than 0.3% Delta 9 THC, meaning they are legal hemp products by federal definition. Because of this, these products continue to be sold in several large markets across the country, while some states and localities have created testing methods that account for the decarboxylation process or have banned the THCA molecule completely. Enforcement of regulations on THCA have been misguided or underfunded in most places. This seemingly gray area makes it important for you to check with rules and laws in your area before purchasing or possessing THCA products.

THCA Diamonds

When it comes to THCA diamonds, or the crystallized form of the molecule, things get even more tricky. When speaking about flower, even if the plant matter contained less than 0.3% Delta 9 THC at the time of harvest and testing, the exposure to light and heat during transport and display on store shelves almost certainly causes a natural degradation of THCA into Delta 9 THC.

THCA in its “Diamond” (or stable crystalline concentrated) form can be found with up to 99.9% THCA, meaning these products are truly federally compliant at the time of sale and up until the point that the user applies heat.

Some brands in the space have claimed to pioneer methods of infusing truly compliant THCA Diamonds into their legal hemp vape products, however the feasibility of this process is also a widely debated topic.

The Future of THCA

At this point, it’s anyone’s guess as to what will happen with THCA and the laws in the US. The current landscape varies from state to state and continues to evolve. There are conversations at the federal level and in several states about total cannabis legalization, which could mean that THCA becomes even more widespread, or perhaps that THCA is pushed completely aside by the traditional Delta 9 cannabis market. Either way, we’re excited to see what happens!

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