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TH*A Flower Is W33D, it is not Hemp. According to the 2018 federal farm bill definition of hemp, any cannabis containing less than .3% T*C is classified as hemp and guess what? Most W33D doesn’t contain any T*C, it is all in the form of TH*A. Confusing right? Let me explain what is TH*A Flower and why this is all so confusing.
I have been in the cannabis industry for over 30 years, and I never thought I would see the day where you can buy legal W33D online. The funniest part is that the federal government did not mean to legalize it. In fact, they did (unintentionally) legalize it by completely missing the fact that TH*A converts to T*C when it is smoked and that most W33D contains all TH*A and little to no T*C!
Let me clarify. The 2018 federal farm bills definition of hemp is any product that contains less than .3% T*C on a dry weight basis. Notice how the rules only pertain to “T*C” and not T*CA?
“Dry weight basis” means any product being sold to the public cannot have more than .3% T*C when weighed. For example, you buy an edible that weighs 20 grams. That edible could have 60mg of T*C and still be sold as a hemp product. (20gm x.3% = .06gm which is 60mg).
This means that 1 ounce (28g) of W33D can have up to 84mg of T*C and still be considered hemp. For example, take an ounce of FIRE with 30% T*CA. When you smoke it, it will convert to about 27% T*C (after decarboxylation), which means you will get high. Even though the FIRE contains 30% TH*A, it is still classified as hemp. In fact, a lot of the W33D you buy in a dispensary can also be sold as hemp.
This is the good part. When most cannabis is growing and even when it is dried and cured, there is little to no T*C, it is TH*A. TH*A is the precursor to T*C and converts to T*C when it is heated (decarboxylation). This happens when you smoke it. This is why if you would eat straight W33D, you will not get very high, because you would be consuming TH*A which has very minimal effects. However, if you heat the W33D (for example, cooking into butter or smoking it) that would decarboxylate the flower and convert the TH*A to T*C. This is when the “activation” takes place and TH*A converts to TH*.
I have heard so many different people talk about how some great cannabis breeder bred the T*C to stay as TH*A so on a test result it would show no T*C. But that is entirely false. The plant grows that way naturally and some bright person looked at a test result one day and said to themselves “this can be sold as hemp.”
The farm bill defines hemp as containing less than .3% T*C and NOTHING about TH*A. This is why we are seeing the Wild West out there and what is now, federally legal W33D.
Here is something funny. Most state’s hemp programs are overseen by the USDA and they are a federal agency. The USDA defines hemp as any cannabis that contains less than .3% “potential” T*C.
What they do is decarboxylate the sample prior to testing. Meaning, they heat it up, same as when you smoke it.
There are a few states that only follow the 2018 federal farm bill and this “hemp” can be legally grown there. But there is no way, in fact, I know for sure that all of the TH*A flower on the market is not coming from just those states.
The black market for one, legal hemp companies growing “illegally” to stay afloat for second. Third, regulated cannabis growers who are looking for an unregulated market.
In conclusion, as it stands right now W33D is federally legal. The feds completely missed the fact that when W33D grows it does not contain very much T*C and it is not till you smoke it or heat it, does the T*CA get activated and converted to T*C. Is this loophole going to change? At this point it’s hard to say. Hemp products (including TH*A) have now generated more sales on a national basis than regulated cannabis companies. More importantly, those companies have the money to lobby and keep the Farm Bill “AS IS”.
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