What is going on with THCA and What is it?

Is hemp still legal in 2025? That depends on where you are and what kind of product you’re talking about. While the 2018 Farm Bill made hemp legal at the federal level, a wave of state bans and stricter THC testing rules has put the industry in a state of confusion.

This article breaks down the current legal status of hemp, the rise of THCA, and what the future looks like for farmers, brands, and consumers navigating this rapidly shifting space.

What Did the 2018 Farm Bill Legalize?

The 2018 Farm Bill legalized hemp by removing it from the Controlled Substances Act and defining it as:

“Cannabis sativa L. with no more than 0.3% Delta-9 THC on a dry weight basis.”

This opened the door for:

• Federally legal cultivation of hemp
• Legal sale of non-intoxicating cannabinoids like CBD, CBG, and THCA (tetrahydrocannabinolic acid)
• A booming market for hemp-derived products, including edibles, oils, and smokable flower

But the law focused narrowly on Delta-9 THC, leaving room for innovation and exploitation of other cannabinoids.

The Rise of THCA and Other Hemp-Derived Cannabinoids

Enter THCA, the non-psychoactive precursor to Delta-9 THC that naturally occurs in raw cannabis and hemp. On its own, THCA doesn’t produce a high, but when heated (through smoking, vaping, or cooking), it undergoes decarboxylation, converting into Delta-9 THC.

When tested in its raw form, THCA-rich flower appears compliant under the 0.3% Delta-9 THC limit. But once heated, it behaves just like high-THC cannabis.

This loophole created a booming market for so-called “compliant cannabis” and triggered backlash from lawmakers and regulators.

However, in 2023, the DEA clarified that if THCA is intended for human consumption and will be converted into Delta-9 THC through decarboxylation, it is considered a federally controlled substance, even if the product initially contains less than 0.3% Delta-9 THC.

Is THCA Legal? It Depends on the State

Even though THCA flower often passes federal compliance checks, state-level laws and enforcement vary widely.

States Banning THCA and Delta-8 THC

Several states have enacted bans or restrictions on hemp-derived intoxicating cannabinoids like THCA, Delta-8, and Delta-10. These include:

• Texas
• Kentucky
• Montana
• Arkansas
• California

Some states explicitly ban THCA products when they are marketed for smoking or inhalation, while others target any intoxicating hemp derivative regardless of form.

New “Total THC” Testing Rules

Many states now require testing for Total THC, which includes both Delta-9 THC and potential THC from THCA after decarboxylation. The calculation looks like this:

Total THC = Delta-9 THC + (THCA × 0.877)

This formula accounts for the molecular weight lost when THCA converts into Delta-9 THC. If the total exceeds 0.3%, the product is legally classified as cannabis, even if the Delta-9 content is technically compliant.

States implementing Total THC rules include:

• Colorado
• Oregon
• Washington
• Vermont
• Hawaii

Crackdowns on Edibles and Beverages

Products like hemp gummies, seltzers, and tinctures are facing bans or strict limitations in several states unless sold through licensed dispensaries or under cannabis regulatory frameworks. Some states, like Minnesota and New York, allow low-dose THC beverages, but only under specific rules.

What’s Next for Hemp?

Hemp remains federally legal, but the reality is more complicated.

States are tightening laws around hemp-derived THC. The reauthorization of the Farm Bill, originally expected in 2023, is now delayed until 2025 or possibly 2026, leaving the hemp industry in limbo without updated federal guidance.

What Should Consumers Do in 2025?

• Check your state’s hemp and cannabis laws monthly.
• Avoid traveling across state lines with THCA or other hemp-derived cannabinoids.
• Expect change: With the upcoming Farm Bill, federal rules may soon catch up with innovation, or crack down on it