The federal legality of THCA (tetrahydrocannabinolic acid) is a subject of ongoing debate. While the 2018 Farm Bill legalized hemp and its derivatives containing no more than 0.3% delta-9 THC by dry weight, it does not explicitly address THCA. The DEA has argued that THCA, due to its potential to convert into delta-9 THC through decarboxylation, does not meet the definition of legal hemp .
However, a 2024 ruling by the Fourth Circuit Court of Appeals reaffirmed that the 2018 Farm Bill considers only delta-9 THC levels, not total THC, in determining hemp legality . This suggests that THCA flower, if it contains no more than 0.3% delta-9 THC by dry weight, may remain legal under federal law.
It's important to note that state laws vary, and many states have enacted their own regulations regarding THCA. Therefore, individuals and businesses should consult local laws to ensure compliance.
THCA in fact will show up on a drug test.