THCA Flower: Hemp Is Agriculture, Not Crime

THCA Flower: Hemp Is Agriculture, Not Crime

For years, debate has swirled around whether THCA flower should be considered “hemp” or “marijuana.” Some growers insist it’s impossible to produce under USDA compliance. Policymakers in certain states argue that it’s dangerous or a loophole. Critics even reach for comparisons to opium poppies.

But here’s the reality: Congress has already spoken. THCA flower, when grown under a USDA permit, is agriculture — not a crime.

The Federal Foundation

The 2018 Farm Bill defines hemp simply and clearly:

Cannabis sativa L. with no more than 0.3% delta-9 THC on a dry weight basis.

That definition does not mention THCA, CBD, or chemotypes. It sets one threshold: delta-9 THC.

Here’s how the system works:

1. By Law (Farm Bill, 7 U.S.C. §1639o)
• Hemp vs. marijuana is defined by delta-9 THC concentration.
• The threshold is 0.3% delta-9 THC.
• This is measured at the official pre-harvest compliance test.
2. By Program (USDA Final Rule, 7 CFR Part 990)
• Farmers submit to pre-harvest sampling within 30 days of harvest.
• Labs use post-decarboxylation methods (so THCA is counted as potential THC).
• Enforcement is administrative, not criminal. Negligent violations mean corrective plans, not DEA raids.

The result is a working agricultural framework. Farmers in many states plant THCA-dominant hemp cultivars, get pre-harvest COAs, and bring compliant crops to market. If it were all “illegal marijuana,” DEA would be everywhere. Instead, the industry is thriving.

The Market Speaks

According to USDA’s 2025 National Hemp Report, U.S. farmers grew 20.8 million pounds of floral hemp in 2024. Even if only a fraction was THCA-dominant, we’re talking about a multi-million-pound market.

This shows two things:

• THCA flower can be grown under USDA rules.
• The lack of enforcement actions demonstrates that growers are doing it through the proper channels.

Those working outside the system are breaking the law. Those working inside it are producing hemp, just as Congress defined it.

Why Pennsylvania Farmers Don’t Grow THCA Flower

At the federal level, farmers can experiment with THCA cultivars knowing non-compliance will be handled administratively.

In Pennsylvania, it’s a different story. State law goes further by potentially criminalizing farmers and processors whose crops don’t meet its definition of hemp.  Pennsylvania chose to change the definition of hemp for growers and processors to include the total thc calculation.  This is a deviation from the Farm Bill definition.  That risk has created a chilling effect:

• Farmers won’t even experiment. A crop that drifts hot could bring criminal charges, not just crop destruction.
• Out-of-state growers capture the market. They ship THCA flower into Pennsylvania legally, while local farmers sit on the sidelines.
• Consumers gain nothing. Pennsylvania’s approach doesn’t make products safer. It only exports opportunity and imports flower.

If Pennsylvania wants to protect its own agricultural economy, it must align with federal law: hemp is agriculture, not crime.

The Hypocrisy: Flower vs. Edibles

Opponents often argue that THCA flower should be outlawed, while at the same time promoting 10 mg THC edibles and beverages as “safer.”

The truth is the opposite. Edibles and drinks frequently produce stronger, longer-lasting effects than smoking flower. Consumers can self-regulate with a joint or pipe, but once a gummy or beverage is consumed, the full dose is locked in — with effects lasting hours.

If the real goal is consumer safety, it makes no sense to criminalize hemp flower while allowing products that often pack more of a punch.

Naturally Grown vs. Infused THCA Flower: Same Compound, Different Rules

This is where the contradictions get even clearer.

1. The Chemistry is the Same
THCA (tetrahydrocannabinolic acid) is identical whether:

• It is produced naturally in hemp flower, or
• It is added later as an infusion from an extract.

When heated, THCA converts into Δ9-THC. The end use — usually inhalation — and the effects are the same, no matter how the THCA originated.

2. The Legal Pathways

• Naturally Grown THCA Flower
• If the crop passes USDA’s pre-harvest total THC test (Δ9 + 0.877 × THCA ≤ 0.3%), it is compliant hemp and can be sold as smokable flower.
• If the crop fails, the flower itself cannot be sold as hemp flower.
• However, it may still be remediated: by removing/discarding flowers and leaves, or by shredding to biomass → extracting → re-testing.
• If remediation yields material with ≤0.3% Δ9-THC (dry weight), that material is legal hemp.
• Infused THCA Flower
• Starts as compliant hemp biomass or flower (≤0.3% Δ9-THC).
• Infused with THCA extract (also ≤0.3% Δ9-THC).
• Because both inputs were compliant, the resulting infused flower is treated as legal hemp — even if the THCA concentration ends up very high.

3. The Contradiction
Naturally grown THCA flower can only be sold if it passes pre-harvest testing. If it fails, the flower itself cannot be sold — yet the THCA inside that flower can still be extracted, remediated, and even re-applied to hemp flower as an infusion.

The end product (smoked THCA flower) is chemically the same either way.

👉 The difference is not scientific or safety-based — it is purely an administrative testing rule.

The Poppy Myth

Some critics point to opium poppies as an example of “agriculture” that is not overseen by USDA. But the comparison doesn’t hold:

• Poppies remain a Controlled Substance under DEA. There is no farm program, no licenses, no compliance testing. Growing them is drug trafficking, full stop.
• Hemp was explicitly removed from the CSA by the 2018 Farm Bill and placed under USDA oversight. Farmers are licensed, tested, and regulated as agricultural producers.

Congress made hemp agriculture. Congress never did that for poppies.

Where We Need Improvement

The real need is not to criminalize hemp farmers — it’s to strengthen safety standards.

• Every grower should face mandatory testing for toxins, heavy metals, and pesticides.
• Cannabinoid levels (THCA, Δ9-THC, CBDA, CBD) should be treated as reference points, not absolute guarantees, since they naturally change with time and storage.
• Consumers deserve products that are safe, clean, and transparently labeled with the best available information.

The Bottom Line

The debate over THCA flower isn’t about safety — it’s about optics and stigma. Opponents lean on the old “stoner getting high” narrative to single out flower. But under the law, hemp flower is hemp when it’s grown under a USDA permit and tested under USDA rules.

Anything else is just politics.