Is THCA Legal? The 2018 Farm Bill, Explained
What the 2018 Farm Bill actually says
The Agriculture Improvement Act of 2018 — the "Farm Bill" — removed hemp from the federal Controlled Substances Act. It defines hemp as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. Anything above that threshold remains federally classified as marijuana.
Because the definition measures delta-9 THC specifically, products rich in THCA — which is not delta-9 THC until it is heated — emerged in a space the statute did not squarely address.
Why THCA is treated differently state to state
Some states follow the federal delta-9 test as written. Others apply a "total THC" standard that counts THCA’s potential conversion (THCA × 0.877 + delta-9 THC), which brings most THCA products above the hemp threshold. A number of states restrict or prohibit these products outright.
The practical takeaway: legality depends on where you are, and rules continue to evolve. Buy only from licensed retailers who verify local compliance, and check the laws of your state before purchasing or traveling with any cannabis product. Nothing on this page is legal advice.
Read our Farm Bill compliance statementHow COAs document compliance
A Certificate of Analysis from an ISO-accredited lab reports delta-9 THC and THCA separately, along with the total THC calculation. That paper trail is how retailers, regulators, and customers verify what a product actually contains — and it’s why every NUUG BAR and DRIZZLERS batch ships with a scannable COA.
View lab results for every batchCommon Questions
Is THCA federally legal?
The 2018 Farm Bill’s hemp definition measures delta-9 THC only, which is the basis on which THCA products are sold. However, federal agencies and courts have issued differing interpretations, and many states apply a total-THC standard instead. Legality depends on jurisdiction — always check your local laws.
What does 0.3% delta-9 THC mean?
It is the maximum delta-9 THC concentration, measured on a dry-weight basis, that cannabis material can contain and still meet the federal definition of hemp under the 2018 Farm Bill.
Can I travel across state lines with THCA products?
Not safely, in many cases. States differ on whether THCA counts toward THC limits, and a product lawful where you bought it may be prohibited one state over. Check both states’ laws before traveling.