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Questions surrounding the legality of marijuana use in the US have been raised countless times for many years now.
However, recently, there has been a definite shift in both legislature and public perception regarding the role of the cannabis plant in society.
Much of this change is based on a deeper understanding of marijuana and its many derivatives. Suddenly, words such as hemp and tetrahydrocannabinolic acid are becoming part of the conversation.
While this is a positive step for those fighting to change the legal status of many cannabis products, it does create a gray area within Texas law that can make prosecuting marijuana possession cases a nightmare.
State law still maintains that possession of cannabis is illegal and punishable by either a fine or imprisonment (or both), depending on the severity of the offense.
As such, answering the question, "Is THCa legal in Texas?" or Is cannabis delivery legal in Texas? is very important. Sparks Law Firm has the answer and is available for a free consultation.
Cannabis Plant Laws in Texas
When it comes to cannabis plants, it is important to remember that growing, cultivating, or harvesting their buds or leaves is still illegal in Texas.
The only way for anyone to access these products is to buy them from licensed dispensaries around Texas.
This is allowed for people with prescriptions for illnesses listed in the Texas Compassionate Use program, such as neurodegenerative disease, epilepsy, terminal cancer, ALS, autism, and multiple sclerosis.
However, Federal regulations are a bit different when it comes to the hemp plant. This is no longer considered the same as illegal marijuana and is not listed as a controlled substance that is illegal in the US. Sparks Law Firm can also answer questions such as Is smokable hemp legal in Texas?
While the legal status of hemp-derived products is now certain, other forms of cannabis derivatives, such as tetrahydrocannabinolic acid, still fall in the gray area. This is part of the reason why it is very important to tread carefully when dealing with products in the cannabis industry.
What Is Tetrahydrocannabinolic Acid (THCa)?
When people talk of the difference between high-THC marijuana and low-THC hemp, they are referring to tetrahydrocannabinol. However, there is yet another cannabis plant derivative that needs to be considered.
Tetrahydrocannabinolic acid, or THCa for short, is a non-psychoactive cannabinoid that can be extracted from freshly harvested cannabis plants.
When looking at its molecular structure, an extra carboxyl group can be seen that is not present in tetrahydrocannabinol (THC). This added group prevents THCa from binding with the CB1 receptors in the body.
THC has no extra carboxyl group and binds easily with the body's CB1 receptors, thus resulting in its psychoactive effects. THCa, on the other hand, has no such properties.
However, it is important to note that heating the THCa results in a decarboxylation process that will remove the extra carboxyl group, leaving the newly formed THC with the ability to cause psychoactive effects.
As such, smoking or vaporizing cannabis products is what leads to the feeling of being "high." This opens the door to other potential uses of THCa that do not involve any heating or vaporization process.
Although still in the early stages of fully understanding the action of THCa in the body, researchers have suggested that its use may have therapeutic, anti-inflammatory, and neuroprotective effects.
As such, THCa is becoming increasingly popular in patients with chronic illnesses because of the chance to use it without causing any cognitive damage.
Types of THCa Hemp Flower
As if the wide range of cannabis and hemp-derived products was not confusing enough, there are also different types of THCa hemp flower derivatives to consider, such as:
THCa Flower
One of the most popular ways of consuming hemp-derived products is in the form of THCa hemp flower. When taken this way, it can be smoked as joints, bongs, or pipes. It is also possible to take the flower as an added ingredient to various edibles.
However, it is important to remember that heating will remove the extra carboxyl group and turn THCa into Delta 9 THC, which will unleash it as a psychoactive component.
The THCa hemp flower can be either an Indica strain known for its relaxation properties or a Sativa strain that is highly energizing.
THCa Gummies
Those looking for a convenient way to enjoy THCa hemp products can consider eating gummies. It is easy to simply pop one in the mouth, and the dosage of THCa will have already been added in the correct amounts.
However, the potency and purity of the hemp flower need to be maintained at high levels. There must also be no artificial ingredients in the THCa gummies.
THCa Pre-rolls
Those who consider themselves traditionalists who only take THCa if it comes as a joint can purchase pre-rolls. Here, the manufacturers will roll the joint for consumers and package it neatly for portability.
Customers need to look for organically grown THCa hemp flower joints that adhere to Federal regulations.
THCa Vape Juice
Lastly, there is THCa vape juice. This is increasingly becoming one of the most popular ways of enjoying THCa hemp products.
One of the advantages is that vaping is already very popular, and many products and flavors are in circulation.
As such, no one would ever guess that the vape juice being taken is actually derived from cannabis or hemp products.
There are many types of vape devices to choose from, such as pens or vape cartridges. To give consumers a good experience, vape juice is often infused with various cannabinoids and terpenes.
Can THCa Be Used As Medical Marijuana?
While the health benefits of THCa are well known, not all products in the hemp market can be used as medical marijuana.
Even if a legal loophole allows chronically ill patients to purchase THCa products in the Lone Star State, it does not make it the right thing to do.
THCa products such as gummies or vape juices may contain additional ingredients or contaminants that may interfere with a person's medication.
As such, if THCa is required for medicinal purposes, it should only be purchased from places that are licensed to do that. It is also necessary to get a prescription first.
Is THCa Legal in Texas?
The simplest answer to this question is yes, THCa has been given a legal status in Texas. That means if police arrest a suspect for marijuana possession, then test seized cannabis products and find that they contain THCa only, the person must be released.
However, it is important to remember that what makes THCa legal in Texas is its non-psychoactive nature when used in its raw form.
Therefore, any process that converts the THCa to THC, such as burning, may make the product illegal if the concentration of THC goes above 0.3%.
To be safe, THCa users need to ensure that they understand Texas hemp laws and use the products they buy as directed by the manufacturers so as not to increase the THC concentration.
Some things make the Texas legislature a difficult legal landscape to navigate, such as:
Federal Law Regarding the THCa Hemp Flower
The cannabis industry is highly unregulated. It is not, for example, overseen by the Food and Drug Administration as one might expect. There are, however, federal regulations and laws that need to be adhered to.
The law states that THCa derived from hemp products is legal as long as the concentration of delta 9 THC levels does not exceed 0.3%.
As such, the only remaining question that people have yet to agree on is whether THCa meets the legal definition of a hemp product.
The 2018 Farm Bill
When the 2018 Farm Bill was introduced in Texas, a lot of things were turned upside-down in the hemp industry. One of the most important changes was the differentiation between hemp and marijuana.
Once hemp products were demonstrated to contain much lower levels of THC than marijuana, their legal status was changed, making it possible for licensed farmers to start growing the plants.
While the Farm Bill signified a positive step towards the legalization of cannabis products, it does not mean anyone is free to start growing hemp whenever they want.
Many Federal guidelines still need to be followed during the process of manufacturing consumable hemp products.
The Texas Hemp Program
There was some ambiguity in the wake of the introduction of the Farm Bill. To address that gray area, the Texas Hemp Program was started. It stated that cannabis products are legal in Texas if the THC concentration is greater than 0.3%.
This automatically meant most hemp products were below the legal limit required by law. However, for THCa, the products may only be regarded as legal if the THC concentration is still below 0.3% post-decarboxylation.
Possession Limit of THCa Hemp Flowers in Texas
Surprisingly, considering how strict the law is regarding cannabis plants in Texas, there is no possession law governing the number of plants a person can grow at a time.
The only hemp laws that apply in this case in the Lone Star State are regarding the THC concentration after decarboxylation. If it is below 0.3%, the growing of hemp is legal in any amounts.
The Future of THCa in Texas
With so many changes happening in Texas law in such a short period, a lot of uncertainty has been cast over the future of THCa in the state. It seems that a future in which cannabis attains full legal status is possible.
However, the following are some of the factors that will influence the acceptance of the THCa flower:
Nationwide Trends
While state law in the US is taken very seriously when it comes to the structuring of the legislature, it can be difficult for a single state to remain resolute when all others are changing.
Such a situation can be seen regarding the nationwide trends regarding the legality of cannabis products, such as hemp, THC, and THCa.
As more states begin implementing reforms, Texas lawmakers will have some difficult decisions to consider regarding the direction they will take when it comes to making THCa legal in Texas.
Legislature and Increased Regulatory Clarity
Cannabis and THC products have always been scrutinized closely, especially in places where they are considered controlled substances.
However, even after their medical benefits have led to changes in legislature, the regulation may remain the same.
The fear that some people will try to capitalize on loopholes in Federal guidelines and laws, such as the Farm Bill, means that licensed growers are likely to be watched closer than ever before.
Shift in Public Perception
Texas, like most states in America, has witnessed a gradual change in public perception regarding cannabis use.
This puts a lot of pressure on Texas lawmakers because meeting the demands of the people may mean various changes in state laws.
Where to Find Legal Hemp-derived Products in Texas
These days, the best place to find legal hemp is often online. A wide range of cannabis products can be bought from licensed web stores and delivered to the customer's home in no time.
However, the proximity of criminal elements who sell weed and other drugs means that a lot of care is required when choosing a reliable supplier of THCa products.
What to Do When Arrested for Possession of Hemp Products
With such a wide gray area still to be addressed regarding making THCa legal in Texas, wrongful arrests may be common.
If taken into custody on suspicion of marijuana use and possession, the most important steps to take are as follows:
Avoid making a statement or admitting fault
Exercise the right to remain silent
Request a good drug crime lawyer as soon as possible
Sparks Law Firm - How a Good Lawyer Can Help
Understanding the legality of medical marijuana, the implementation of the Farm Bill, the use of the THCa flower, and Texas laws regarding hemp products can be very difficult.
This is what makes being arrested for marijuana possession in Fort Worth and surrounding places so complicated.
A good lawyer can help clients understand the charges they are facing and how best to avoid stiff penalties for using marijuana and hemp products.
Sparks Law Firm is ready to offer a free consultation at its Fort Worth offices today.
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