Everything You Wanted To Know About THCA and The Law (But Were Too Afraid To Ask)

Cannabis isn’t just cannabis anymore. Forget the simple flower – today’s plant extends far beyond its famed psychoactive compound, THC, with an entire universe of minor cannabinoids gaining popularity. 

These different molecular structures offer varied potential applications with recent years seeing a wave of new products enter the consumer market. This experimentation in both form and function brings fresh considerations to how cannabis compounds are regulated and ultimately reach consumers.

Case in point: THCA. This minor cannabinoid comes with an intriguing twist. As the name suggests, THCA is related to THC yet remains entirely legal in markets like the United Kingdom and the United States. Perhaps you’ve spotted it at your local smoke shop or wellness retailer and wondered: “How does that work? And why is it legal?”

Let’s address your most pressing questions about this compound and its emerging market.

What is THCA, Again?

This compound exists as THC’s acidic precursor, creating a fascinating paradox in the cannabis world. Unlike its famous relative, THCA in its raw, unheated form won’t produce any intoxicating effects but preliminary research suggests it carries its own impressive therapeutic potential.

The magic happens through a process called decarboxylation. Apply heat through smoking, vaping, or cooking, and THCA transforms into delta-9 THC, complete with the psychoactive effects cannabis is known for. This transformation creates a remarkable legal gray area: a non-intoxicating compound that becomes psychoactive when heated.

How you consume THCA determines everything about the experience. Add raw THCA to your smoothie or take it as a tincture and you’ll maintain its non-psychoactive properties. Light it up or bake it into edibles, however, and you’ve essentially created THC, triggering the familiar “high” sensation.

Beyond this unique psychoactive duality, early research into THCA shows intriguing therapeutic possibilities. Scientists are particularly interested in its potential neuroprotective properties which may help shield brain cells from damage and lead to the treatment of conditions like Alzheimer’s. Further, the compound’s anti-inflammatory properties may benefit those with arthritis or autoimmune disorders, while other studies suggest it may help manage nausea and boost the immune system.

And How Is This Legal?

Interestingly, despite its chemical similarity to one of cannabis’ most well-known and debated compounds, THCA is legal on both sides of the Atlantic. In the US, the legality of THCA dates back to the 2018 Farm Bill. Under this legislation, hemp-derived cannabinoids are federally legal provided they come from hemp plants containing no more than 0.3% delta-9 THC by dry weight. This critical threshold explains why THCA products – despite their potential to transform into THC when heated – can be legally sold in smoke shops across the country.

Meanwhile, in the UK, THCA exists in a similar legal limbo. Here, THC and its derivatives are controlled as Class B substances. However, THCA itself is not explicitly listed as a controlled substance. Since THCA is the non-psychoactive precursor that only converts to THC when heated, it technically falls outside the specific compounds scheduled under UK drug laws. UK regulations also permit the cultivation of industrial hemp with licenses provided the plants contain less than 0.2% THC. Like the US, this creates a pathway for legal THCA products.

Whether these regulations evolve with the times remains to be seen. In my native US, the Farm Bill is up for renewal later this year and many lawmakers view THCA’s current status as a loophole rather than an intended outcome. Recent developments suggest a potential move toward a “total THC” standard of 0.3% by dry weight, which would encompass all THC variants, not just delta-9. Such a change would dramatically alter the market for THCA and similar products.

As I shared in my last piece for Wellbeing Magazine, the industry and consumers deserve solid regulations rather than outright bans. Careful and conscious cannabis regulation is the best way to protect users, improve products, and end outdated prohibition attitudes. This isn’t to say, however, that things are perfect as they are in THCA.

What Do Users Need To Know?

The compound may be legal but this doesn’t mean all products are made equal. Cowboy producers have marred the nascent years of this industry with little quality control. Some use harsh chemicals to isolate their compounds and others don’t independently test for purity or potency. As a result, nearly half of the tested brands in this report delivered an amount of CBD that was incorrect as advertised on the label.

This means that consumers who want to experience THCA need to select their brands carefully. Only buy from reputable producers that publish their test results. Brands that use organic hemp and high-quality production methods are also far less likely to contain byproducts like pesticides and heavy metals. In the meantime, before oversight and standards improve, consumers need to exercise caution by preferring producers who openly discuss green production, quality assurance, and third-party testing.

By taking appropriate precautions, however, it’s easy to understand the hype behind THCA. It’s a legal, safe compound that’s effective in both its natural and decarboxylated state. We should look forward to more research in this direction and new laws that protect rather than penalize consumers and producers.

This article is by Scott Mazza, Co-Founder of Certified Headies and Vitality CBD