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Changes in the legal status of THCa could have a major impact on the hemp industry.
Years ago, no one outside of cannabinoid scientists, researchers, and writers talked much about THCa. Indeed, cannabinoids are powerful anti-inflammatory agents, but what is not a cannabinoid?
Fast forward to 2024, and THCa becomes the catalyst for a legal bomb that could detonate the entire cannabis farming industry and result in billions of dollars in losses.
THCa is just one of the 104 cannabinoids that scientists currently know exist naturally in the cannabis plant.
Like CBD, THCa (official name tetrahydrocannabinolic acid) is commonly found in federally legal hemp supplements due to its well-documented natural benefits. These include anti-inflammatory, antioxidant, and neuroprotective properties.
Again, like CBD, CBG, and other legal therapeutic cannabinoids, THCa is non-psychoactive. That is, unless you heat it up.
The process of decarboxylation, or heating cannabis, converts THCa to THC. Even we non-scientists can see that these compounds are relatively similar, except for the “a”.
The “a” refers to a carboxylic acid group that effectively disappears when THCa is heated above a certain threshold. This occurs when you smoke, vape, or bake THCa.
Now that the “a” is gone, you’re dealing with good old psychedelic THC.
If you're careful, this means people can 100% legally purchase and even get high on THCa products that require heating, such as flower, joints, and e-cigarettes. There is no need to purchase marijuana, that is, anything with more than 0.3% Delta-9 THC by dry weight.
The Drug Enforcement Administration has finally caught up with the psychoactive scam and sought to clarify the legality of THCa in an official letter dated May 13, 2024. Dr. Terrence L. Booth, Director of DEA's Drug and Chemical Evaluation Division. .
First, Booth clarifies the federal legal status of THC as a controlled substance or Schedule I drug, which specifically includes delta-9 THC at levels of 0.3% or higher by dry weight.
He then reiterated that what the federal government considers “hemp” is anything that contains less than 0.3% delta-9 THC “on a dry weight basis.”
The DEA is closing a long-standing legal loophole against THCa by acknowledging the role of decarboxylation in converting THCa to the psychoactive cannabinoid delta-9.
“The ‘decarboxylation’ process converts delta-9-THCA to delta-9-THC. Therefore, to enforce the definition of hemp, delta-9-THC levels must account for delta-9-THCA in the substance. ”
Currently, all “hemp” producers wishing to sell a federally legal product are required to include THCa in their total delta-9 THC content per dry weight to account for decarboxylation.
This directly impacts the production, sale, and consumption of THCa flower, THCa vape, and heated THCa. That's natural.
But the controversy surrounding THCa goes beyond simply halting production of THCa-specific products. Farmers and producers have been operating under the Delta 9 threshold established since day one, meaning no one is concerned about THCa levels.
These producers grow cannabis with specific genes, sometimes meticulously developed, to maximize the therapeutic benefits cannabis has to offer.
There are many beneficial hemp strains out there that provide natural relief to people with various health issues, while also benefiting the hemp industry.
How many of these high-quality, profitable strains have high THCa levels?
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Understanding the intricacies of THCa and its impact on hemp producers.
Over the years, I have seen hundreds of cannabinoid profiles for legal hemp supplements. High-quality full-spectrum hemp extracts, especially those aimed at reducing pain and inflammation, often contain THCa and other cannabinoids. Many consumers would like to see this in a lab report as it indicates efficacy and a more synergistic experience.
All of these THCa products now appear to be at risk in the eyes of the Drug Enforcement Administration. But not everyone with legal knowledge agrees with the new, nuanced classification of hemp laid out in a recent letter. As international cannabis lawyer and cannabis advocate Rod Kite explains on his Cannabis Law blog:
“After harvest (i.e., after production), the 2018 Farm Bill definition of hemp clearly states that it is the delta-9 THC level that is important, not the THCa level.”
He argues that the details of the Farm Bill do not currently suggest that testing for THCa decarboxylation is legal.
However, the current Farm Bill expires at the end of the month on September 30th, and the deadline is fast approaching. And an amendment has been proposed that would impose the current limit on delta-9 THC content on THC. If passed, this bill would place new economic burdens on small-scale and large-scale hemp producers alike.
The Mary Miller Amendment, introduced by Representative Mary Miller (R-Ill.), could cost the hemp industry billions of dollars, with the agricultural sector likely to be hit hardest and hardest. There is sex.
