Why is THC-A Legal

Understanding THCA and Its Legal Context

THCA is a cannabinoid found in raw cannabis plants that does not induce psychoactive effects until it undergoes decarboxylation, typically through heating. In its raw form, THCA is non-intoxicating and abundant in hemp, a variety of cannabis containing less than 0.3% THC by dry weight.

Key Provisions of the 2018 Farm Bill

1. Definition of Hemp: The Farm Bill defines hemp as cannabis plants and derivatives that contain no more than 0.3% THC on a dry weight basis. This legal distinction separates hemp from marijuana, which remains classified as a Schedule I controlled substance under federal law.

2. Legalization of Hemp and Derivatives: Under the Farm Bill, hemp and its derivatives, including THCA derived from hemp plants meeting the THC threshold, are federally legalized for cultivation, processing, and commercialization. This legalization allows for the extraction and sale of cannabinoids like THCA, provided they comply with THC limits and other regulations set forth by the United States Department of Agriculture (USDA).

3. Regulatory Oversight: The USDA is responsible for overseeing the production of hemp and its derivatives under the Farm Bill. States also have the option to develop their own regulatory plans for hemp cultivation, subject to USDA approval, ensuring consistency and compliance with federal standards.