Is THCA Flower Legal in Delaware Under State Law?

Is THCA Flower Legal in Delaware

Can you purchase THCA flower in Delaware? The state adopted new regulations in 2021, which define hemp as a crop with a total delta 9 THC concentration of no more than 0.3% post-decarboxylation. What does this mean for a product like THCA flower? 

Is THCA flower legal in Delaware? In this article, we’ll dive into the legality of this type of flower, where to buy it, possession limits and safety.

Last Update: May 16, 2024 

Summary

  • THCA flower is not legal in Delaware because the state defines hemp as a crop with a total THC concentration of no more than 0.3% by dry weight. 
  • State law doesn’t prohibit the sale, use, and possession of smokable hemp products, but it also doesn’t regulate them. 
  • Delaware is the 22nd state to legalize marijuana for recreational purposes. Cannabis is also legal for medicinal use. 
  • The best alternative to legal THCA flower is marijuana flower, which you can buy in licensed dispensaries. 
  • Under federal law, THCA flower is lawful hemp if its delta 9 levels don’t exceed 0.3% by weight. 

Where to Buy THCA Flower in Delaware? 

THCA flower is likely illegal in Delaware, so it’s best to avoid purchasing it. 

You can still buy up to an ounce of cannabis flower from a licensed dispensary if you’re 21 and over. Delaware legalized marijuana in 2023, becoming the 22nd state to legalize adult-use cannabis. 

If the laws change, treat yourself to our expertly grown THCA flower. The best alternative to this type of flower is our delta 8 THC flower, but it’s also illegal in this state. 

Our hemp flower is federally compliant and contains less than 0.3% delta 9 THC by dry weight. From premium CBD flower to expertly cultivated THCA flower, we offer tested products that come with a Certificate of Analysis (CoA) issued by a third-party lab. 

The CoA is a valuable document that proves the legality of each hemp flower batch. It shows the levels of cannabinoids and terpenes, and, most importantly, the total THC levels. 

If you want to treat yourself to premium hemp flower grown by USA-licensed farmers, click here.  

Is THCa Flower Legal in Delaware?

THCA flower is likely illegal in Delaware. 

The state doesn’t restrict the sale, use, and possession of smokable hemp flower, including THCA flower. However, the Final Order for the Rules and Regulations for Delaware Domestic Hemp Production Program defines “hemp” as a crop with a total THC of not more than 0.3% by dry weight. 

Under state law, “hemp” means “all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a license holder or registration holder, whether growing or not, with a post decarboxylated delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.” 

Similar to states like California and Colorado, Delaware has changed the definition of hemp to include the potential conversion of THCA into THC. 

The term “decarboxylation” indicates the conversion of THCA into THC once hemp flower is heated. This means that hemp flower must contain less than 0.3% THC post-harvest to be considered lawful, making THCA flower illegal. 

Although some legal experts argue that changing the definition of hemp to include total THC levels goes against federal law, state law can’t be ignored. Since the law calculates the levels of THCA in hemp, it’s best to avoid ordering THCA flower in Delaware. 

What is THCA Flower? 

THCA flower is a hemp flower that contains high levels of THCA and low levels of delta 9 THC (less than 0.3%). The main cannabinoid in THCA flower is THCA or tetrahydrocannabinolic acid. 

THCA is a non-intoxicating cannabinoid and the precursor of delta 9 THC. When the flower gets heated, this compound converts into THC and produces the typical marijuana intoxication. 

Is THCA Legal Federally? 

Under federal law, THCA flower is legal if its delta 9 THC concentration doesn’t exceed 0.3% by dry weight. 

Federally, hemp is a legal crop if it contains no more than 0.3% delta 9 THC by dry weight. 

But, some states changed the definition of hemp after adopting federal regulations. They define hemp as a plant with a total THC concentration of the sum of delta 9 THC and the potential conversion of THCA into THC. 

This definition of hemp doesn’t match federal law, which considers the delta 9 THC levels in the crop as the only metric for lawful hemp. 

Hemp crops should be tested for their THC levels pre-harvest. The test is done 30 days before harvesting and considers the potential conversion of THCA into THC. As presented by federal law, if the hemp plant contains no more than 0.3% delta 9 THC by weight pre-harvest, it’s legal hemp.

Buy THCA Flower in Delaware

Is THCA a Controlled Substance in Delaware?

No, THCA is not a controlled substance in Delaware. 

Under Delaware’s Code, hemp tetrahydrocannabinols are controlled substances. But, the law makes no mention of THC acids, making THCA a legal substance if derived from hemp. 

Is THCA Flower Safe?

Yes, THCA flower is as safe to consume as traditional cannabis flower. 

The safety of this hemp flower depends on the dosage, your tolerance levels and sensitivity to THC as an intoxicating cannabinoid. Other important factors are the quality and purity of the hemp flower, which is why it’s essential to buy from reputable sources. 

Mr. Hemp Flower offers organically grown hemp flower free from contaminants and toxic by-products. If you want to treat yourself to a premium hemp flower you can trust, click here

Regarding the dosage, beginners should start with a single puff and wait for a few minutes to see how their body will respond. Starting with such a low dose helps you avoid adverse effects and test your tolerance to THC. If consumed regularly or in extremely high doses, THCA flower causes: 

  • Dry mouth 
  • Red eyes 
  • Dizziness
  • Drowsiness 
  • Fatigue
  • Nausea 
  • Lightheadedness
  • Anxiety
  • Paranoia 

Experiencing minor side effects is completely normal, so don’t panic, as they resolve on their own within a few hours. 

Are There Any THCA Possession Limits in Delaware?

No, Delaware has no set possession limits on THCA flower

The state doesn’t explicitly ban the sale, use and possession of this product. But, state law defines hemp as a crop with no more than 0.3% delta 9 THC post-decarboxylation. 

This makes THCA flower potentially illegal because the state accounts for the conversion of THCA into THC in hemp flower. You can still purchase low-THC hemp flower without limits on strength and possession. 

Final Thoughts: Is THCA Flower Legal in Delaware? 

THCA flower is likely illegal in Delaware. 

Under state law, hemp is defined differently from federal law. Hemp is now considered lawful in Delaware if it contains no more than 0.3% delta 9 THC post-decarboxylation. 

This means that the law considers lawful hemp flower one that has total THC levels of 0.3% because it accounts for the conversion of THCA into THC. 

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