Is THCA Legal in Florida?

If you visit or live in Florida, otherwise known as the Sunshine State, you might know that medical cannabis is legal, although recreational cannabis is not. 

Furthermore, according to state laws, cannabinoid products containing under 0.3% Delta-9 THC are legal so long as they are derived from the hemp plant.

That said, recreational cannabis is considered a controlled substance in the state of Florida, which calls into question what the legal status of THCA is like.

After all, THCA is a precursor cannabinoid, one that although it turns into Delta-9 THC once decarboxylated, although in its raw form, does not qualify as Delta-9 THC. So, is THCA legal in Florida? Allow us to delve deeper into this intricately woven subject at this very moment.

What is THCA?

THCA stands for Tetrahydrocannabinolic acid. This is one of the many non-psychoactive compounds or cannabinoids found in hemp and cannabis plants. This means that it does not get you high and generally does not produce any intoxicating effects.

However, THCA by itself, even though it does not get you high, may have a variety of potential mental health and physical health benefits.

What is interesting to note is that THCA is the precursor to Delta-9 THC, or in other words, the acidic version of THC. Delta-9 THC is a psychoactive and intoxicating substance. This is the main psychoactive cannabinoid that people look for when purchasing cannabis products.

This is what gets you high. Therefore, it is interesting to note that in many places, THCA may be legal, even though through the simple application of heat, it turns into Delta-9 THC, which in many cases is not considered legal. Click here to learn more about the difference between THCA and THCV.

THCA and Federal Law

Although there are some nuances at play here, especially as far as the USDA or the United States Department of Agriculture is concerned, particularly concerning the difference between Delta-9 THC content and total THC content, at this time, THCA should be considered federally legal.

The small issue here is that according to the USDA, hemp plants are to be tested prior to their harvest for the total THC content. This means that they are tested for any potential to contain THC. They are therefore tested for Delta-9 THC as well as for THCA, because as mentioned above, THCA turns into Delta-9 THC.

In this sense, hemp plants containing high levels of THC would therefore technically not be considered legal. However, there appears to be a bit of a loophole here, which is that the USDA stops controlling hemp plants once they have been harvested, which means that hemp plants that contain higher levels of THCA after harvest are not tested for THCA content. In this sense, THC should be considered legal at a federal level. The DEA also indicates that THCA levels are irrelevant during the testing process. 

What it really all boils down to is that the 2018 Farm Bill states that any cannabinoid products that are derived from the hemp plant and do not contain more than 0.3% Delta-9 THC, should be considered legal. Therefore, at this time, realistically, THCA should be legal at the federal level.

Florida State THCA Laws

Florida has passed laws that are akin to the 2018 federal Farm Bill. In the state of Florida, cannabinoid products are legal so long as they are derived from the hemp plant, and do not contain more than 0.3% Delta-9 THC by dry weight concentration.

Therefore, technically speaking, THCA should be legal in Florida, although there are no specific laws saying that it is. There are however also no laws expressly prohibiting it.

Learn more about the legal status of Delta-9 THC, Delta-8 THC, and HHC in Florida. 

Is THCA a Controlled Substance in Florida?

As far as the Florida Legislature is concerned, THCA is at this time technically not classified as a controlled substance in Florida. Only cannabis products that contain over 0.3% Delta-9 THC, (and come from the cannabis plant), are considered to be controlled substances. For instance, recreational cannabis is considered a controlled substance in Florida, and it is subject to legal penalties.

THCA Possession Limits in Florida

There are at this time no specific possession limits imposed on THCA. As long as the THCA comes from a hemp plant, and as long as it does not contain over 0.3% Delta-9 THC by dry weight concentration, you should be able to possess as much of it as you want.

Is THCA Legal in Florida?

Although THCA sits in a bit of a gray area, at this time, there are no laws expressly prohibiting the possession or purchase of THCA. As long as it meets the requirements discussed above, it should be legal in the Sunshine State.

Is THCA Safe?

At this time, there do not appear to be any indications that THCA is unsafe, especially when consumed in moderate quantities. Although THCA should not get you high, it does have a variety of potential medical health benefits. There do however not appear to be any severe adverse reactions to it. Click here if you are not sure what the difference between THCA and CBD is. 

Where to Buy THCA in Florida

We’ll have plenty of THCA flower very soon, but right now, we also have lots of legally compliant Delta-9 THC products for you to check out, such as our super popular Nano Delta-9 THC Microdose Gummies Sample Pack.