Are Hemp Derived Products Legal?

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CKC is conscious of of state laws and only ships to states that have similar laws to the farm bill.


Is THCa federally legal in the United States? That’s what many are wondering after seeing the recent flood of THCa items that when decarbed, will get you just as high as recreational marijuana. And that’s because it is! When left raw, cannabis flower will pretty much not have any intoxicating effects — there is a reason we add heat to cannabis flower when consuming it after all. So, can those living in states where recreational marijuana is illegal buy legal THCa products, or are they playing a dangerous game?

THCA’s Legal Status Under Federal Law

*Before we begin, please note there is a slight difference in restrictions between THCa products and THCa cannabinoids on living plants. THCa products are most likely federally legal as long as they have no more than 0.3% delta-9 THC. However, cannabis plants must be tested as far out as 30 days before harvest for total THC content (which includes THCa in this). To keep things simple, we are focusing more so on whether THCa products are legal, as it gets more complicated with potentially much greater repercussions when growing at home.*

Decarboxylation

While there are over 100 cannabinoids and even more when you separate individual cannabinoids based on whether they have a carboxyl group (-cooh) or have undergone decarboxylation, only delta-9 THC is limited thanks to the 2018 Farm Bill.

When a cannabinoid has its carboxyl group still attached to it, it gives them a structure that makes it very hard for them to interact with CB1 receptors. Which need to be overstimulated to trigger the psychoactive intoxicating high we associate with marijuana. There are other intoxicating cannabinoids, but due to their abundance, delta-9 THC is the heavy hitter, and that puts focus on cannabis’s legality solely on it.

What the DEA says

Now, the DEA has argued that all THC cannabinoids are limited to the 0.3% rule outlined in the Farm Bill. But all one has to do is look at the language in the bill, and it’s clear to legal experts that THCa products are federally legal in any amount. In the same letter dated June 9, 2023, the DEA says HHC cannabinoids aren’t naturally occurring, despite three years before in 2020, the de Las Heras group discovering HHC naturally when studying seeds.

Factors Influencing THCA’s Legal Interpretation


Thanks to the 2018 farm, a sort of loophole was opened. Legally, it’s very hard to say the degree of this loophole. However, I think it’s safe to say we are working in a grey area with a cannabinoid like THCa, that is completely non-intoxicating one second, then very intoxicating the next. And all you need to do is just add heat. Which can easily be done with a lighter, vaping rig, slow cooking for edibles, etc.



State Legal Status for THCA


Arizona Legal

Arizona legalized cannabis for recreational use in November 2020.



Arkansas Legal

THCA obtained from industrial hemp with less than 0.3% THC is not a controlled substance.



California Legal

THCA is legal in California if derived from hemp within the 0.3% delta-9 THC limit.



Colorado Legal

As a cannabis-friendly state, THCA products are legal for adult purchase and possession.



Connecticut Legal

With legalized medical and recreational cannabis, there are no restrictions on THCA in Connecticut.


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Delaware Legal

THCA is legal if compliant with the Farm Bill regulations, hemp-derived, and contains less than 0.3% THC.



Florida Legal

Only delta-9 THC is illegal outside Florida’s medical cannabis program.



Georgia Legal

Georgia permits THCA if hemp-derived and within 0.3% delta-9 THC limits



Illinois Legal

Illinois has no restrictions on THCA. Decriminalized marijuana is legal for adults (21 years).



Indiana Legal

Indiana follows federal hemp guidelines; hemp derived THCA is likely legal.



Iowa Legal

Iowa aligns with federal regulations, making hemp-derived THCA safe.



Kentucky Legal

Strict cannabis laws but hemp-derived THCA is free from regulation.



Maine Legal

Recreational cannabis is legal, allowing THCA to be purchased.



Maryland Legal

THCA legality here depends on delta-9 THC content. Hemp-derived THCA is an option.



Massachusetts Legal

Cannabis-friendly Massachusetts permits THCA products for adults.



Michigan Legal

Recently legalized recreational cannabis; cannabis users now enjoy THCA products freely.



Minnesota Legal

Recreational cannabis is legal; THCA can be freely used and purchased.



Missouri Legal

Medical marijuana is legal. Farm Bill-compliant THCA is available.



Montana Legal

Recently legalized for recreational use; THCA products are unrestricted.



Nebraska Legal

Hemp-derived products with <0.3% THC are legal here.



Nevada Legal

Medical and recreational cannabis have been legalized; THCA is accessible.



New Hampshire

Legal THCA is legal if hemp-derived and <0.3% THC in New Hampshire.



New Jersey Legal

No restrictions on THCA; marijuana and hemp are legal.



New Mexico Legal

Recreational cannabis legalized; THCA products are accessible.



New York Legal

Recreational cannabis is legalized; THCA is available.



North Carolina Legal

No restrictions on hemp-derived THCA; careful with THC levels.



North Dakota Legal

You can sell & purchase hemp-derived THCA with<0.3% THC.



Ohio Legal

Recently legalized for recreational but not medical use; Adults of 21 and older can buy and possess up to 2.5 ounces of cannabis and grow plants at home.



Pennsylvania Legal

Follows federal regulations; THCA with <0.3% THC is legal.



South Carolina Legal

Legal Hemp-derived THCA with <0.3% THC is legal in South Carolina.



South Dakota Legal

This state relies on federal hemp laws. Farm Bill compliant THCA products are legal, despite overall marijuana prohibition



Tennessee Legal

Tennessee lacks specific THCA legality details. THCA products, adhering to federal delta-9 THC limits, are legally obtainable.



Texas Legal

Texas follows federal cannabis guidance, making Farm Bill-compliant THCA legal.



Virginia Legal

THCA from hemp plants with <0.3% delta-9 THC is legal here, aligning with federal cannabis guidelines.



Washington Legal

Washington welcomes all cannabis derivatives, ensuring legal access to THCA flower, concentrates, gummies, and oil.



West Virginia Legal

West Virginia lacks a stance on THCA’s status but seems to align with federal guidelines, permitting THCA purchases from Farm Bill-compliant sources.



Wisconsin Legal

Wisconsin restricts THCA access to medical marijuana patients but follows federal guidelines for hemp-derived THCA



Wyoming Legal

Wyoming places no legal restrictions on hemp-derived THCA products (<0.3% delta-9 THC), with advisable lab test readiness for scrutiny.


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Now, so far, we have just focused on THCa products on a federal level, and while many states follow that law exactly, some states have moved forward, following the DEA’s advice that all THC cannabinoid products should be limited to 0.3%.

Please confirm that THCa is legal in your state before consuming an item with it. That goes even if you don’t plan to decarb it, which I know many of you will. In regards to growing, there are ways around the total THC rule, however, I can’t in good faith suggest you try them.


Cali Kush Club


FDA DISCLAIMER:


The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by the FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.




LEGAL NOTICE:


This website contains images and products made with hemp. Though hemp may look like marijuana, it is legally distinct. Both the terms “marijuana” and “hemp” describe the cannabis plant. Marijuana is classified as a Schedule I substance under the Controlled Substances Act (“CSA”). 21USC § 801et seq. In turn, the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) defines hemp as follows: The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.


2018 Farm Bill, Section 297A: The 2018 Farm Bill amends the CSA’s definition of marijuana to exclude hemp.Id. at Section 12619. The 2018 Farm Bill also prohibits states or Indian tribes from prohibiting the interstate transport or delivery of hemp. Id. Section 10114.

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