Hemp-derived products are strictly regulated under AB 45 in California, which brought significant changes to the industry. The law regulated smokable hemp products, CBD in food products, and hemp products with high THC (delta 8) content. Where does this put THCA flower in terms of legality?
Can you lawfully buy THCA flower in California? In this article, we’ll explore the legality of this product in California, where to buy it, possession limits and safety.
Last Update: April 18, 2024
Summary
- THCA flower is not legal in California because state law considers hemp products only those that have a ‘total THC’ concentration of no more than 0.3%.
- State law calculates THCA and other THC isomers, such as delta 8, delta 9 and delta 10 THC, in the ‘total THC’ percentage.
- Because THCA flower boasts high levels of THCA, the precursor of THC, it easily surpasses the 0.3% ‘total THC’ requirement.
- California also prohibits the sale, use and possession of hemp flower and inhalable hemp products within its borders. These products are only allowed for out-of-state sale, so they are legal to manufacture and distribute.
Where to Buy THCA Flower in California?
You can’t lawfully purchase THCA flower in California under current law.
If things change, you can always get your premium pack of THCA flower from Mr. Hemp Flower. We specialize in CBD flower and offer expertly grown THCA hemp flower strains for your enjoyment.
Our hemp flower is compliant with federal law and contains less than 0.3 delta 9 THC by dry weight. You will receive a detailed Certificate of Analysis performed by a third-party lab with each strain you order from us.
Growing premium hemp flower during this legal landscape is challenging for most brands, but not for us. Since the very beginning, we’ve collaborated with expert growers who use organic growing practices and know how to preserve the flower’s cannabinoid profile.
The legality of THCA flower is tricky in most states, so if you plan on ordering it, it’s essential to know its source. In addition, trusted sellers, like Mr. Hemp Flower, will offer a lab test that shows the exact cannabinoid concentration in the flower.
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Is THCa Flower Legal in California?
Unfortunately, THCA flower is not legal in California.
Under state law (AB 45), only hemp-derived products with a ‘total THC’ of no more than 0.3% are considered legal hemp. The definition of ‘total THC’ in this state includes THCA and other THC isomers, such as delta 8, delta 9, and delta 10.
This means that the THCA content in THCA flower is calculated as part of the total THC levels of the finished product. Because THCA flower has high THCA content, it easily surpasses the 0.3% total THC requirement.
The difference between California and states where THCA flower is legal is the way THC’s content is calculated. If the state doesn’t test for total THC in finished hemp products and only considers the concentration of delta 9 THC, then THCA flower with delta 9 THC levels of no more than 0.3% would be legal.
To put it simply, if the state has a ‘total THC’ testing requirement for finished hemp products, it considers THCA flower illegal.
Although THCA derived from hemp is not an illegal substance in California, buying THCA flower is unlawful because state law takes into account the complete conversion of THCA into THC.
The ‘total THC’ law for finished hemp products may go against federal law because the Farm Bill considers hemp products with delta 9 THC concentration of no more than 0.3% by weight lawful hemp.
In addition, California’s law prohibits the sale, use, and possession of inhalable hemp products, including smokable hemp flower. The only exception is selling inhalable hemp products out of state.
Read more: State-by-State THCa Flower Legality Guide
What is THCA Flower?
THCA flower is the female hemp flower specifically cultivated to contain high levels of THCA (tetrahydrocannabinolic acid) and less than 0.3% delta 9 THC. THCA is the precursor of delta 9 THC, the intoxicating cannabis compound.
When exposed to heat (decarboxylation), THCA converts into THC and offers the user the typical marijuana experience. When not activated by heat, THCA is a biologically inactive cannabinoid that, if consumed raw, won’t get you intoxicated. This cannabinoid can also slowly turn into THC over time as the hemp flower ages.
From a legal standpoint, the THC content can rise above the acceptable levels, which may make this product illegal hemp. So, knowing state and federal law, as well as buying from a reputable source, is key with this product.
Is THCA Flower Legal Federally?
Yes, THCA flower is considered hemp if its delta 9 THC levels don’t exceed 0.3% by dry weight.
This type of flower is legal under the 2018 Farm Bill, which considers hemp a Cannabis sativa L. with a delta 9 THC concentration of no more than 0.3%.
The legality of THCA flower is a bit more complicated than other hemp products because of the high THCA content and its potential conversion into THC. Federally, THCA is not a controlled substance if derived from hemp.
Under the USDA’s Interim Rule of 2021, states must test hemp crops for ‘total THC’ levels pre-harvesting. So, they take into account the potential conversion of THCA into THC and calculate it as the sum of THC and THCA (0.3% THC + 87.7% THCA). If the hemp crop tests less than 0.3% total THC about 30 days before harvest, it’s legal hemp.
In states that don’t require post-harvest hemp testing or ‘total THC’ testing for hemp products, THCA flower with low total THC levels tested pre-harvest is legal.
Is THCA Flower Safe?
THCA is considered as safe as regular cannabis flower. If consumed in high doses that don’t match the user’s tolerance levels, the user may experience adverse effects.
Some of the most common side effects of consuming THCA flower come from improper dosages. They include:
- Dry mouth
- Dizziness
- Fatigue
- Nausea
- Lightheadedness
- Drowsiness
- Anxiety
- Paranoia
If you’re a beginner, you can easily avoid any side effects from this type of flower if you adjust the dose to your tolerance levels. Taking two puffs instead of smoking an entire pre-roll is advisable for beginners.
You will feel intoxicated after consuming this flower, so make sure you’re prepared for an enjoyable experience.
Are There Any THCA Possession Limits in California?
No, there are no set possession limits on THCA flower in California.
THCA flower and other smokable hemp products are illegal in this state. The closest thing to this product is regular cannabis flower, which you can lawfully purchase in local dispensaries and online.
Final Thoughts: Is THCA Flower Legal in California?
Unfortunately, THCA flower is not legal in California.
State law requires that hemp-derived products are tested for their ‘total THC’ levels. The law includes THCA, delta 8, delta 9, delta 10, and other isomers in the definition of THC. Due to its high THCA content, this product easily surpasses the 0.3% total THC levels.
In addition, California prohibits the sale of smokable hemp and inhalable products within its borders. The manufacture and distribution of these products are allowed for out-of-state sale.
FAQs on THCA Flower California
Is THCA flower sold in California?
No, THCA flower is not lawfully sold in California. The state restricts the sale of this product and other smokable hemp products and deems hemp products with a total THC concentration of more than 0.3% THC illegal.
Is THCA legal in all states?
If derived from hemp, THCA should be considered a legal cannabinoid in most states. The reason for this is that hemp tetrahydrocannabinols are typically excluded from the definition of marijuana and the state’s controlled substance list.
Does THCA show up in a drug test?
Yes, THCA will likely show up on a drug test. This cannabinoid converts into THC when heated, hence producing intoxicating effects. A urine test looks for THC-COOH metabolites, also produced by the consumption of THCA flower.
Can I send or receive THCA flower via USPS in California?
California prohibits the sale of smokable hemp products, including pre-rolls, cigarettes, and hemp flower, within its borders. Therefore, if you live in this state, it’s best to avoid receiving THCA flower via USPS.
You may send these products out of state borders as their manufacture and distribution is allowed. Regarding THCA flower, it’s best to avoid sending it via USPS because it’s risky as it’s considered an illegal product.
How do I prove my product is legal THCA flower?
The only way to prove your product is legal THCA flower is to have a Certificate of Analysis (CoA) for the specific strain. The CoA should come from an accredited, third-party lab, which can be challenging to come by. At Mr. Hemp Flower, we ensure safety and quality by providing a CoA with every product we offer.
Will THCA flower get me high?
Yes, THCA flower provides the typical marijuana experience, so it will get you intoxicated.
