Since the 2018 Farm Bill is such a significant piece of this conversation, let’s start with a summary:

Hemp Farming Act of 2018

This bill legalizes industrial hemp that has a tetrahydrocannabinol (THC, the psychoactive component of marijuana) concentration of no more than 0.3% by removing it from Schedule I of the Controlled Substances Act. States and Indian tribes may regulate the production of hemp by submitting a plan to the Department of Agriculture (USDA). The bill also makes hemp producers eligible for the federal crop insurance program and certain USDA research grants.

It’s a mouthful, but the important piece is that hemp-derived cannabis is defined as containing no more than 0.3% Delta-9 THC by dry weight. Any plant or product exceeding that threshold is classified as marijuana under federal law and is not legal under the Farm Bill.

Maybe you’ve picked up that we’re throwing around both “THC” and “THCa.” Yes, THC and THCa are different cannabinoids, but THCA itself isn’t psychoactive. When it’s heated (like when smoking or baking), it converts into Delta-9 THC, which is the compound responsible for the classic cannabis high. Importantly, the Farm Bill only regulates Delta-9 THC content. It doesn’t explicitly restrict other isomers or precursors like THCA.

Unfortunately, there is no official central resource where you can find the regulations for all of the states. We recommend following these steps to get the most up-to-date information from your state authorities:

• Search: “[Your State] Department of Agriculture hemp regulations”
• Or: “[Your State] Department of Health cannabis laws”

And look for their official guidance or PDF documents outlining what’s allowed.

THCA flower is widely available online, and chances are that dense, frosty nug in your cart is coming from a fulfillment center across state lines.

As we’ve already established, THCA flower looks, smells, and behaves like marijuana, but its pre-decarboxylated form (before it’s exposed to heat) is often still technically compliant with the federal definition of hemp, as long as it contains less than 0.3% Delta-9 THC by dry weight.

But here’s where the legal limbo begins:

• The Farm Bill only tests for Delta-9 THC in a product’s current state—not for what it could become after heating.
• The DEA, however, stated in 2023 that any product containing THCA intended for consumption is, in their view, a controlled substance.
• Many online retailers continue under the assumption that as long as their COAs show <0.3%Delta-9, they’re federally compliant.

• Federally, there’s no law clearly prohibiting it (yet).
• States can enforce their own restrictions, with some banning smokable hemp flower outright.
• If your THCA package crosses through a restricted state, it could be flagged or seized.

So while it’s still common to see THCA flower being shipped across state lines, the operation hinges on a grey area that could quickly change, depending on state or federal enforcement priorities.