Is High THCA Hemp Flower Legal?
High thca hemp flower is a new breed of cannabis flower that was created with high levels of THCA for smoking and vaping. This strain contains a potent concentration of THCA (around 20%) while its Delta-9 THC levels do not exceed 0.3%.
These flowers are federally legal under the 2018 Farm Bill as long as their Delta 9 THC stays below 0.3% dry weight. This means that hemp products with high percentages of THCA can legally be sold online.
Whether or not hemp flower with higher THCA levels is legal largely depends on state and local laws. Some states have “total THC” testing standards, and if these tests determine that your product has more than 3% THC, it will likely be banned.
What is High THCA Hemp Flower and What are Its Benefits? A Comprehensive Guide
The other issue is the USDA’s requirement for pre-harvest hemp compliance testing to take into account the “potential THC” in a sample, which could result in high THCA hemp flower failing a total THC test. That is a huge red flag for many vendors and consumers, because it could mean that their hemp flower will not be able to pass a regulated cannabis dispensary in their state.
Fortunately, this is not an issue in most states. However, it is still important for users to be aware of the nuances of their local hemp laws and regulations. For example, in Pennsylvania, a permitted hemp processor must only receive or use cannabis material that passes a total THC test.