Hemp-Derived THC-A Legality by State

Is Hemp-derived THC-A legal? Lots of people have this question in mind because of the continuously changing federal regulations. Besides, there are variations regarding the cannabis law in 50 states of America which also contributes to the confusion.

And the confusion doesn’t end here. Cannabis enthusiasts are often in perplexity between cannabis and hemp - why one is banned (other than medicinal use permission in some states) and another is not? How does that ‘A’ in THC decide whether you will be pulled over or not? And finally, what exactly does the 2018 Farm Bill say?

At Pot Brother at Law we have two enthusiastic attorneys who are not only highly experienced in cannabis law, but also passionate advocates for quality and transparency in the hemp industry. And in this blog we will dehaze the legal and conceptual understanding of Hemp and Hemp based products.

THC-A flower

Hemp vs. Marijuana

Here is an interesting fact about Hemp and Marijuana. These are the same plants, Cannabis sativa!

Then how Hemp became the good son of the family and Marijuan it's evil cousin?

The mystery lies in the breeding technique of Cannabis sativa plants. In the case of Marijuana, these plants are mostly bred as females and that results in plants producing up to 30% tetrahydrocannabinol or THC. Way above the legal limit of 0.3%. Hemp, on the other hand, is derived from a mixture of male and female plants producing 0.3% or less THC. Also, in legal terms, the word ‘Hemp’ is used to classify varieties of Cannabis that contain 0.3% or less THC.

So, now you know that Hemp is not illegal or banned in any of the states of the USA. But we started this discussion with THC-A, right? What is that? Let's check out.

THC-A and THC

Tetrahydrocannabolic acid (THC-A) is a cannabinoid found in Cannabis plants, more both in Marijuana and Hemp. In its raw cannabinoid form it is not psychoactive. Which means, if you consume raw cannabis leaf you will not get high. However, this THC-A is believed to be loaded with therapeutic properties, and that's the reason behind the growing popularity of cannabis among people who want the medicinal benefits but not the ‘high’ effect.

But, if THC-A is not psychoactive then what is responsible for that ‘high’ effect? Enter the scene - the THC. THC or tetrahydrocannabinol is the decarboxylated version of THC-A and it is not normally present in the Cannabis plant in this form. But once you heat the THC-A (lighting up the pre-roll), the decarboxylation starts and the cannabinoid THC-A converts into psychoactive tetrahydrocannabinol (THC).

As mentioned at the start both Marijuana and Hemp has THC-A but, since it is 0.3% or below in Hemp the converted THC is not supposed to be psychoactive enough to get you a high. But you will get the therapeutic benefits. That is what is observed in the 2018 Farm Bill.

2018 Farm Bill

The 2018 Farm Bill provides us the opportunity to explore and use the versatile character of Hemp. The bill observed that Hemp contains less than 0.3% THC psychoactive compound. Thus, cultivation and consumption of Hemp is legal in all 50 states. Then president of United States Donald Trump signed this bill and it became a law that farmers can legally grow Hemp without the fear of any federal prosecution but they may require license and testing for THC content before Harvest as per the state laws.

Now You Know

That is all you need to know before procuring Hemp derived THC-A. This understanding of scientific facts and legality is important to protect yourself from any unwanted legal trouble, or to stand your point if unjustifiably challenged by law enforcement authorities. Always ensure that the source of your THC-A is clean and transparent, like Pot Brothers at Law, to stay in good faith of law and also to have the best quality product.