How is Intoxicating Hemp Legal?
This article dives into the often misunderstood topic of hemp’s intoxicating component, THCA, using a metaphorical Cannaberry tree to illustrate. Let’s get started!
The Birth of Industrial Hemp
The 2018 Farm Bill created a new category of cannabis known as Industrial Hemp, sparking an industry teeming with consumable hemp products—from hemp-infused lotions and tinctures to dietary supplements and smokable hemp flower, all available online.
Congress’ Oversight
In their effort to distinguish between hemp and marijuana, lawmakers defined industrial hemp as cannabis containing less than 0.3% THC. However, they overlooked a critical compound: THCA, the precursor to THC, responsible for the majority of cannabis's intoxicating effects. This oversight has created a fascinating loophole, essentially legalizing certain intoxicating cannabis products at the federal level.
The Cannaberry Analogy: The Three Types of Cannaberries
To better understand how THCA and THC interact, let’s use the metaphor of the mythical Cannaberry tree. Imagine a lush, vibrant tree adorned with colorful berries. The Cannaberry tree bears three main types of berries:
- Red Cannaberries: Represent THC, the primary psychoactive compound in cannabis known for its intoxicating effects.
- White Cannaberries: Symbolize THCA, a non-psychoactive precursor to THC found abundantly in raw cannabis plants.
- Blue Cannaberries: Stand for CBD, celebrated for its potential therapeutic benefits without the psychoactive effects.
The Rules about Red Cannaberries
Eating fresh cannaberries won't get you stoned. Despite red berries being intoxicating in significant quantities, you’d need to consume a hundred buckets of mixed cannaberries to feel any high—similar to drinking a 40-pack of non-alcoholic beer to get drunk. Consequently, Cannaberry trees with more than 0.3% red berries are highly regulated, making it illegal to consume any berries from trees exceeding this limit.
White Cannaberries Have a Potent Secret
The real magic happens when you bake pies made with cannaberries. Heating white cannaberries converts them to red berries. For instance, if your pie has 0.2% red berries and 20% white berries, a steaming hot slice of cannaberry pie would equal 20.2% red berries! Eating this piece of pie would indeed get you high despite originating from a legally compliant Cannaberry tree.
The Truth About Cannaberry Intoxication
The key takeaway is that the regulated red berries account for a fraction of the overall effects. It's the unregulated white berries, when heated that are to blame for the high.
Applying This Example to Hemp
Let’s bring this example full circle to help us understand why intoxicating hemp is legal. The berries in the Cannaberry tree example represent three of the most popular cannabinoids in cannabis. The one that gets the most attention is THC, the psychoactive compound responsible for getting you high.
Raw cannabis, including dispensary-quality marijuana, actually contains very low levels of THC, 1 - 2%. That’s why you can eat an ounce of it and not feel a thing besides an upset stomach. If you review a label for a marijuana strain, you’ll notice the vast majority of the THC in the product is THCA. For example, if the strain says it has 20% THC, 1% might be THC but 19% THCA.
The "THCA Loophole"
When lawmakers established the Industrial Hemp category, they focused only on the raw levels of THC (Delta-9), not on "Total THC," which includes THCA. This means that as long as raw THC levels are below 0.3%, the cannabis can still have high levels of THCA and remain compliant. Since most of the Total THC in a strain comes from THCA, legal hemp flower can have THC levels almost as high as recreational marijuana.
THCA vs Delta-8
THCA (Tetrahydrocannabinolic Acid) is a non-psychoactive cannabinoid that converts to THC when heated. It's known for potential benefits like anti-inflammation and neuroprotection. Delta-8-THC is a minor, psychoactive cannabinoid less potent than Delta-9-THC, providing a milder, clearer high. It is often synthesized from CBD, leading to legal and safety concerns. You’ll often see Delta-8 products sold in gas stations and convenience stores.
THCA vs Delta-9
THCA is the non-psychoactive precursor to Delta-9-THC, which becomes psychoactive when heated. Delta-9-THC is known for its strong intoxicating effects and benefits like pain relief and appetite stimulation. THCA remains non-psychoactive and is less regulated, but its conversion to Delta-9-THC upon heating complicates its legal status.
The Future of THCA
Although legal since 2018, the new farm bill expected in the fall of 2024 will likely address the loophole by considering total THC. Individual states are starting to crack down on it, too. Keep posted.
Consider Trying CBD Flower
CBD flower offers numerous benefits without the associated high from THC. Many people who develop a sensitivity to THC are turning to CBD hemp flower as an alternative. CBD flower can be consumed at any time of the day, making it much more versatile. It’s also perfect for mixing with THCA flower to enhance your smoking experience with the entourage effect. Due to its low levels of total THC, it’s less likely to be affected by changes to the law.
Browse over 200 in-stock THCA flower and CBD flower from cultivars across the nation at https://hempstock.com.
Conclusion
The 2018 Farm Bill, while groundbreaking, inadvertently created a loophole by not accounting for THCA. This oversight has allowed for the legal production and consumption of certain intoxicating cannabis products. The Cannaberry analogy sheds light on the intricacies of this legislative gap. As the hemp industry continues to grow, it's essential for both lawmakers and consumers to fully understand these nuances to ensure regulations are effective and intentions are met. With a deeper awareness, we can navigate the evolving landscape of hemp and cannabis more wisely.
