If you are wondering if what we do is legal, then please read this entire page.

THCA FLOWER

What is THCa hemp flower? “THCa hemp flower” refers to cannabis buds containing delta-9 THC levels below 0.3% by dry weight, with high THCa concentrations.

What is THCa?

“THCa” stands for “tetrahydrocannabinolic acid,” abundant in cannabis. While non-intoxicating, it can convert to intoxicating delta-9 THC through factors like heat.

Will smoking or vaping THCa hemp flower cause a “high”?

Users may feel intoxicated after smoking THCa hemp flower. Take caution regarding potential intoxication and restrict sales to minors.

Does THCa hemp flower lead to failed drug tests?

Yes. THCa hemp flower contains cannabinoids, including THC, possibly causing failed drug tests. Caution is advised for individuals subject to drug testing.

Is ordering and possessing THCa hemp flower federally lawful?

Yes. Under federal law, harvested THCa hemp flower is legal due to delta-9 THC levels, not THCa content. Controlled Substances Act excludes hemp.

The federal 2018 Farm Bill distinguishes between lawful harvested hemp and unlawful marijuana based on the levels of delta-9 THC, not THCa.¹

Harvested cannabis, including its flowers and buds, with no more than 0.3% delta-9 THC by dry weight is lawful hemp, regardless of the amount of THCa or any other cannabinoid, such as CBD, that it contains.

Additionally, the federal Controlled Substances Act, which regulates drugs, removes hemp from the definition of marijuana. In short, hemp is not illegal or a controlled substance according to provisions enacted by federal law.²

DEA’s stance on THCa hemp flower?

The DEA considers lawful hemp as having Delta-9 THC below 0.3%. Material within this limit, like THCa hemp flower, isn’t controlled under the CSA.

In the DEA’s own words, “material that is derived or extracted from the cannabis plant such as tissue culture and any other genetic material that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis meets the legal definition of “hemp” and is thus not controlled under the CSA.”³

Federal court rulings on THCa hemp flower?

No court rulings on THCa hemp flower yet, but Ninth Circuit Court supports legal hemp based on Delta-9 THC concentration, stating the following: “the only statutory metric for distinguishing controlled marijuana from legal hemp is the delta-9 THC concentration level.”⁴

Is THCa hemp flower legal in all states?

Not necessarily. State laws vary, considering both delta-9 THC and THCa levels. Consult legal counsel for state-specific legality.

Can THCa hemp flower cross state lines?

Yes, federal law allows interstate transfer of hemp, including THCa hemp flower, without state restrictions hindering transport.

References:

7 USC § 1621 subsection 10114(b), states in relevant part: “No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (AMA) (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.”⁵

Even though state laws vary with respect to hemp and hemp products, it is totally clear that states and Indian tribes shall not prohibit the transport of them through their borders.

Smoking THCa hemp flower in public or open cars. Legal or not?

Due to varying state laws and legislative ambiguity, avoid public smoking and keep packages sealed.

How can you be sure that your THCa flower meets the guidelines for legal classification as “hemp”?

It is advisable to review lab reports with verifiable certificates of analysis (COAs) with your attorney counsel. Top Shelf Distro provides compliant COAs and legal support for its hemp products.

A COA shows the levels of cannabinoids, including delta-9 THC, in a hemp product. Top Shelf Distro always provides a current COA for its hemp products showing that they are compliant under federal law at the time they leave the facility.

Importantly, if your state uses a total THC calculation to determine whether post-harvest cannabis flower is lawful, then THCa hemp flower is probably not legal in your state and we recommend that you consult a lawyer before receiving, possessing, or selling it.6

Any recommendations for Proper THCa hemp flower storage?

While Top Shelf Distro guarantees legal compliance, be aware of THCa’s conversion to illegal delta-9 THC. Store in cool, dark, dry areas.

Legal opinion letter on THCa hemp flower by Top Shelf Distro?

Yes. Top Shelf Distro holds a legal opinion letter confirming the status of THCa hemp flower.

Note that this information is tailored for Top Shelf Distro and isn’t intended as legal advice for others. For legality concerns, consult professionals.

SOURCES

1. See 7 U.S.C. § 1639o(1) (2018 Farm Bill): “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.”
2. See 21 U.S.C. § 802(16)(B) (Controlled Substances Act): “The term “marihuana” does not include— (i) hemp, as defined in section 1639o of title 7.”
3. You can read the DEA’s letter here: https://s3.documentcloud.org/documents/21580238/21-7692- shane-pennington-cannabis-seeds- tissue-genetic-material-11-18-21-signed-1.pdf
4. AK Futures LLC v. Boyd St. Distro, LLC, 35 F.4th 682 (9th Cir. 2022)
5. 7 USC § 1621 subsection 10114(b) can be read here: https://uscode.house.gov/statviewer.htm?volume=132&page=4914#
6. A total THC calculation adds the delta-9 THC amount to 87.7% of the THCa amount to see if the total THC does not exceed 0.3%. Most COAs show the total THC amount in addition to delta-9 THC so that you do not need to do the calculation yourself.